Privacy Risk Report

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BIPA

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 →

District Court Punts On Threshold Questions In BIPA Workplace Claims

The Illinois Biometric Information Protection Act (“BIPA”) has had a significant impact on how employers use timekeeping systems to track employees’ hours at work. Timekeeping systems that allow employees to “clock in” and “clock out” using their thumbprints and fingerprints… Continue Reading →

Federal Court Shreds Illinois’ Biometric Statute Before Remanding Case Back To State Court

Despite having the potential to impact many data collectors, Illinois’ Biometric Information Protection Act (“BIPA”) has received surprisingly little analysis from state or federal courts. A decision issued on October 17, 2019, by the United States District Court for the… Continue Reading →

Ninth Circuit’s Recent BIPA Decision Must Be Kept In Context With Well-Settled Illinois Law

As the number of lawsuits based on claimed violations of the Illinois Biometric Information Protection Act (“BIPA”) increase, litigants have struggled to find guidance from the courts on this new area of law. The Ninth Circuit’s August 8, 2019 decision… Continue Reading →

Seventh Circuit’s Recent Decision Indicates Courts May Be Willing To Chip Away At BIPA

The law related to Illinois Biometric Information Protection Act (“BIPA”) came to a halt over the last year or so while the Illinois Supreme Court analyzed what constitutes an injury under the Act. As expected, courts have started to once… Continue Reading →

Illinois Supreme Court Set to Address Amusement Park’s Use of Biometric Data

The Illinois Biometric Information Protection Act (“Act”) states that “[a]ny person aggrieved by a violation of this Act shall have a right of action in a State circuit court or as a supplemental claim in federal district court against an… Continue Reading →

Shake It Off! Even Taylor Swift Is Collecting Your Biometric Data

Taylor Swift has a stalker problem.  In April 2018, a man broke into her New York City loft and took a shower before falling asleep in her residence.The same stalker attempted to break Taylor Swift’s front door down with shovel… Continue Reading →

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