Biometric Litigation
Illinois Supreme Court Clarifies BIPA Violation Accruals, Opening the Door for “Annihilative” Damage
This Am Law 50 senior counsel cements his authority through two appellate analytics blogs - Legally Contented Podcast
The long-awaited amendment provides immediate relief to corporate defendants from business-destroying liability - On August 2, 2024, Senate Bill 2979 went into effect limiting available damages under Illinois’ Biometric...more
On August 5, 2024, Illinois Governor J.B. Pritzker signed into law SB 2979, significantly amending the state’s Biometric Information Privacy Act (BIPA). This update represents a considerable decrease in the potential for...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
We are writing to inform you of significant legislative developments regarding the Illinois Biometric Information Privacy Act (BIPA) that may impact your operations in Illinois....more
On November 30, 2023, the Illinois Supreme Court unanimously held in Mosby et al. v. The Ingalls Memorial Hospital et al. that when biometrics of healthcare employees are collected in the course of providing medical services,...more
This summer, the U.S. District Court for the Southern District of Illinois further bolstered Illinois’ Biometric Information Privacy Act’s (BIPA) nearly unfettered private right of action in Lewis v. Maverick Transportation....more
There have been a series of unfavorable Biometric Information Privacy Act (BIPA) opinions for defendants in the Illinois Supreme Court. But that streak may be changing. Shook Biometric Privacy Practice Chair Matt Wolfe along...more
The Illinois Supreme Court unanimously ruled that the exclusivity provisions of the Workers’ Compensation Act do not bar a claim for statutory damages under the Biometric Information Privacy Act (BIPA). In so doing, the Court...more
On July 18, 2023, the Illinois Supreme Court denied a rehearing on the issue of Biometric Information Privacy Act (BIPA) accrual. The request for rehearing derived from an opinion by the 7th Circuit, Cothron v. White Castle...more
Last Friday saw what has become an all too common sight in Springfield, Illinois—the end of another legislative session without Biometric Information Privacy Act (BIPA) reform. Going into the end of the session, hopes were...more
Last week, the Illinois Supreme Court put an end to the streak of unfavorable Illinois Biometric Information Privacy Act (BIPA) opinions for defendants before that court. In Walton v. Roosevelt University, the...more
Can unionized employees sue their employers in court for violations of Illinois’ Biometric Information Privacy Act (BIPA)? In a rare victory for BIPA defendants, the Illinois Supreme Court unanimously ruled they cannot....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
As you likely heard, in two recent rulings, the Illinois Supreme Court finally addressed important statute-of-limitations issues. In Tims v. Black Horse Carriers, the Supreme Court ruled that a five-year statute of...more
The Illinois Supreme Court recently clarified when a Biometric Information Privacy Act (BIPA) claim accrues: each time, and not just the first time, a person’s biometric information is collected without consent. BIPA requires...more
Background - The Illinois Supreme Court recently issued a decision that could have wide-ranging implications for defendants and plaintiffs alike under the Illinois Biometric Information Privacy Act (BIPA). In response to a...more
Attorneys Vita Zeltser and John Brigagliano discuss how the Illinois Supreme Court ruled that a company violates the Illinois Biometric Information Privacy Act (BIPA) each time the company scans a person’s biometric...more
Illinois has the strictest biometric privacy law in the country with the Biometric Information Privacy Act (“BIPA”). The BIPA requires employers who collect employees’ biometric data to follow a number of protocols. These...more
February 2023 was a momentous month for Illinois’ Biometric Information Privacy Act (BIPA). Just two weeks after imposing a 5-year time limit for all BIPA claims, the Illinois Supreme Court resolved another pressing issue. In...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
Since its adoption in 2008, the Illinois Biometric Information Privacy Act, (“BIPA”), 740 ILCS 14/1, et seq., has imposed severe penalties—$1,000 per negligent violation and $5,000 per intentional or reckless violation—for...more
On February 17, 2023, the Illinois Supreme Court held in a 4-3 split opinion that claims under the state’s Biometric Information Privacy Act (BIPA) accrue each time there is a biometric collection or transmission constituting...more
On February 17, 2023, the Illinois Supreme Court ruled that claims under the Biometric Information Privacy Act (“BIPA”) may accrue with each biometric scan and not just on an individual’s first scan. Cothron v. White Castle...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
Illinois employers that use biometric timeclocks (such as finger, face, hand, or retina scan timeclocks or entry devices) or collect other biometric information should take action immediately to confirm they are in compliance...more