Privacy Risk Report

Tag

BIPA

Did An Illinois Court Intend To Limit Coverage For BIPA Claims Under CGL Policies To One Year?

“Publication” has always been an important consideration under the Personal Injury prong of commercial general liability policies (“CGL”). Likewise, questions related to “publication” are growing in importance in litigation involving Illinois’ Biometric Information Privacy Act (“BIPA”). For example, Illinois courts… Continue Reading →

Illinois Supreme Court Finds “Publication” In Some BIPA Claims

On May 20, 2021, the Illinois Supreme Court delivered its opinion in W. Bend Mut. Ins. Co. v. Krishna Schaumburg Tan, Inc., 2021 IL 125978[1] regarding whether the claims contained in a lawsuit alleging the violation of the Biometric Information… Continue Reading →

The Illinois Legislature and the Illinois Supreme Court Take Steps to Bring Balance to BIPA

There is no question that the Illinois Biometric Information Protection Act of 2008 (“BIPA”) has given rise to a number of unique questions under both privacy law and insurance law. First, many data collectors caught in the crosshairs of BIPA… Continue Reading →

No Harm, No Foul: Delaware Court Dismisses Privacy Case When Plaintiffs Cannot Show Harm

Over the last couple of years, alleged privacy violations of the Illinois Biometric Information Privacy Act (“BIPA”) have flooded Illinois courts. One unique aspect of the BIPA class action cases in Illinois is seen when plaintiffs do not have to… Continue Reading →

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 →

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 →

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 →

The ABC’s Of Privacy Law: New Lawsuit Provides Glimpse Of Privacy Issues For “E-Learning” In Schools Under COPPA, BIPA And SOPPA

One bright spot in recent events has been to see our kids stay focused as students and to see teachers continue their great work while bunkered down from their homes. Nevertheless, it may be worthwhile to pause to think about… Continue Reading →

The Next Wave Of Biometric Cases: BIPA Customer Lawsuits

While there has been a huge increase in class action cases based on alleged violations of the Illinois Biometric Information Act (“BIPA”), it has not gone unnoticed that the vast majority of the recent cases are limited to allegations brought… Continue Reading →

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