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Missed Opportunity? Illinois Court Issues Limited Finding That Workers’ Compensation Act Does Not Preempt Claims For Statutory Damages Under BIPA But Does Not Address How Actual Damages Should Be Addressed Under BIPA

On September 18, 2020, the Illinois Court of Appeals, First District, took another shot at reconciling some of the inconsistencies in the application of Illinois’ Biometric Information Privacy Act (“BIPA”) (740 ILCS 14/1 et seq. (West 2018)) to the workplace…. Continue Reading →

New Lawsuit Alleges BIPA Violations Result From Macy’s Reliance On Clearview AI To Scrape Information

It is difficult to believe the Illinois Biometric Information Protection Act, 740 ILCS 14, (“BIPA”) has been in effect for more than 10 years since October 3, 2008. Many data collectors are surprised BIPA has been in effect for all… Continue Reading →

Courts Continue To Find Third-Party Reports Generated Before And After Privacy Incidents Are Not Protected From Discovery   

Data collectors constantly struggle to balance the need for honest self-critiques of their data protection safeguards with the desire to not generate information that may be used in litigation. Indeed, it is encouraging to see a number of data collectors… Continue Reading →

White Castle’s Motion To Dismiss Denied In BIPA Litigation

The latest decision related to Illinois’ Biometric Information Protection Act (“BIPA”) was issued by the Illinois Court of Appeals on June 16, 2020, in a matter entitled Cothron v. White Castle System, Inc, 2020 WL 3250706 (June 16, 2020). Latrina… Continue Reading →

New Decision Provides Reminder Of Privacy Law Before The Pandemic

Over the last few months, cyber security issues may have taken a backseat to health and economic issues. Thankfully, there has not been a major cyber incident during the coronavirus pandemic. To pick up where we were before the pandemic, we… Continue Reading →

Seventh Circuit Court Of Appeals Reopens Doors To Federal Courts For BIPA Plaintiffs

On May 5, 2020, the United States Court of Appeals for the Seventh Circuit issued a decision that will have an immediate impact on litigation concerning Illinois’ Biometric Information Protection Act (“BIPA”). The decision in Bryant v. Compass Group USA,… Continue Reading →

This Summer Provides A Unique Opportunity For Student Data Privacy

Illinois schools must comply with the Student Online Personal Protection Act by July 1, 2021. While many schools may not have been aware of this deadline or have been pushing compliance down the road, the coronavirus pandemic has put SOPPA… Continue Reading →

Where Do We Begin? Two Immediate Threats to Cyber Security During the Coronavirus Pandemic

Understandably, there has been a lot of information concerning the novel coronavirus and its impact on insurance, business and, of course, people.  However, there has not been much discussion on what happens if there is a cyber event over the… Continue Reading →

Mississippi Court Evaluates Phishing Email Under Cybersecurity And Breach Response Coverage

Despite the sophistication in fraudulent schemes, insurers are keeping up with hackers and recognizing the varied approach to the scamming word…and courts are also taking notice. In Mississippi Silicon Holdings, LLC v. AXIS Ins. Co., the United States District Court for the… Continue Reading →

New Webinar on March 12: Strategies for Illinois Schools to Get SOPPA Compliant Before the Deadline

Join us for this exciting new webinar… The Final Countdown: Strategies for Illinois Schools to Get SOPPA Compliant Before the Deadline Presented by Datamation and Tressler LLP Thursday, March 12, 2020 10:00 AM – 11:00 AM CT Click Here to… Continue Reading →

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