Biometric Litigation
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Podcast: BIPA Trends in 2022
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5 Key Takeaways | Biometrics: Identifying and Mitigating Legal Risks
Illinois employers will no longer face astronomical damages — into the millions or even hundreds of millions of dollars at issue in recent class action lawsuits — for violations of the Biometric Information Protection Act...more
If you heard a collective sigh of relief last week, it was probably businesses reacting as Illinois Governor Pritzker finally signed Senate Bill 2979, officially reforming BIPA for the first time since 2008. As a reminder, SB...more
Earlier this year, we reported that the Illinois Senate passed Senate Bill 2979 with a vote of 46 to 13, and the Illinois House of Representatives passed Senate Bill 2979 with a vote 81 to 30. This bill addressed concerns...more
In a significant legislative development, the Illinois House of Representatives has overwhelmingly approved Senate Bill 2979, with a vote of 81 to 30, which amends the Illinois Biometric Information Privacy Act (BIPA) to...more
Last April, the Supreme Court of Illinois found that a claim under the Biometric Information Privacy Act (“BIPA”) accrues each time a private entity collects or disseminates a biometric identifier or biometric information. ...more
Recently, the Illinois General Assembly have restarted efforts to amend the Biometric Information Privacy Act of 2008 (“the Act”). On January 31, 2024, Senator Bill Cunningham introduced S.B. 2979 ostensibly to answer the...more
On July 18, 2023, the Illinois Supreme Court denied a petition for rehearing in Cothron v. White Castle System, Inc., 2023 IL 128004. The denial comes five months after the Illinois Supreme Court ruled that claims accrue...more
On July 18, 2023, the Supreme Court of Illinois declined to reconsider its February 2023 holding that claims under the state’s Biometric Information Privacy Act (Privacy Act or BIPA) accrue on each and every scan or...more
A federal judge in the Northern District of Illinois vacated a $228 million damages award issued following the first-ever jury verdict in an Illinois Biometric Information Privacy Act (Privacy Act or BIPA) class action and...more
Seyfarth Synopsis: In February 2023, the Illinois Supreme Court issued a landmark opinion in Cothron v. White Castle finding that claims under the Illinois Biometric Information Privacy Act (“BIPA”) accrue each time a private...more
In the closely-watched first case to go to trial under the Illinois Biometric Information Privacy Act (BIPA), a federal judge has now vacated a $228 million award of statutory liquidated damages. The judge concluded that...more
The Illinois Supreme Court recently held in Cothron v. White Castle System, Inc., No. 128004 that a violation of the Illinois Biometric Information Privacy Act (the “Act” or “BIPA”) occurs and accrues every time a scan of a...more
One of the more significant Illinois legal developments in the past month were two Illinois Supreme Court orders interpreting the state’s onerous Biometric Information Protection Act (BIPA). We recently examined how these...more
On February 2, 2023, the Illinois Supreme Court ruled in Tims et al. v. Black Horse Carriers, Inc. that all cases filed pursuant to the Illinois Biometric Information Privacy Act (BIPA) are subject to a five-year statute of...more
February brought big changes to the Illinois Biometric Information Privacy Act (“BIPA”) litigation landscape. On the heels of a catastrophic 228 million dollar jury verdict against BNSF, the Illinois Supreme Court issued an...more
On February 17, 2023, the Illinois Supreme Court held that an entity violates the Illinois Biometric Information Privacy Act (“BIPA”) each and every time it fails to fully comply with BIPA’s strenuous collection and...more
On Friday, February 17, 2023, the Illinois Supreme Court issued another blockbuster ruling interpreting the Biometric Information Privacy Act (“BIPA”). In a 4 to 3 decision, the Court in Cothorn v. White Castle Systems held...more
In a recent 4-3 decision, the Illinois Supreme Court held that claims under sections 15(b) and 15(d) of Illinois’ Biometric Information Privacy Act (BIPA) accrue each time a private entity collects a biometric identifier...more
On February 2, 2023, the Supreme Court of the State of Illinois ruled that all claims under Section 15 of the state’s Biometric Information Privacy Act (Privacy Act or BIPA) have a five year statute of limitations. The...more
In an opinion issued yesterday in Tims et al. v. Black Horse Carriers, Inc., the Illinois Supreme Court answered a long-unresolved question concerning the statute of limitations for claims under Illinois’s Biometric...more
In a pair of decisions issued in late December, both the Illinois Appellate Court and the Seventh Circuit Court of Appeals considered whether claims brought under the Illinois Biometric Information Privacy Act (“BIPA”) accrue...more
On February 3, 2022, in McDonald v. Symphony Bronzeville Park, LLC, the Illinois Supreme Court held the exclusive remedy provisions of the Illinois Workers’ Compensation Act (“Compensation Act”) do not preempt employee...more
Everyone has been talking about the California Consumer Privacy Act (CCPA) lately, namely because the 2018 law became enforceable as of July 1, 2020. This law provides California consumers with a number of privacy-related...more
On January 25, 2019, the Supreme Court of Illinois held in Rosenbach v. Six Flags Entertainment Corp. that an "aggrieved" person entitled to seek damages and injunctive relief under Illinois' Biometric Information Privacy Act...more