BIPA

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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 limit damages to one violation per individual, rather than each instance their biometric information is captured, collected, disclosed, redisclosed, or otherwise disseminated. The bill also amended…

Continue Reading Illinois Legislative Update: BIPA Reform Bill Reducing Damages Approved by Illinois House, Awaiting Governor’s Signature

By: Danielle Kays and Kristin Stokes

Seyfarth Synopsis:  While the plaintiffs’ bar has aggressively pursued class actions under the Biometric Information Privacy Act (“BIPA”) in recent years, these cases soon may be rivaled by the influx of class actions brought under the Genetic Information Privacy Act (“GIPA”), 410 Ill. Comp. Stat. Ann. 513/1, et seq.  After GIPA’s 1998 enactment…

Continue Reading GIPA: The Next Big Thing in Privacy Class Actions Against Illinois Employers

By Danielle Kays, Sarah Bauman, and James Nasiri

The Illinois Supreme Court issued its highly-anticipated decision in Tims v. Black Horse Carriers today, ruling that a five-year statute of limitations applies to all claims under the Illinois Biometric Privacy Act (“BIPA”).  The Court’s decision (available here) answers a years-old question regarding the timeliness of BIPA claims…

Continue Reading BIPA Floodgates Remain Open: Illinois Supreme Court Rules Generous 5-Year Statute Of Limitations Applies To All Illinois Biometric Information Privacy Act Claims

By Danielle Kays and Danny Riley, Law Clerk

Seyfarth Synopsis: BNSF Railway seeks a new trial following the verdict against it in the first ever jury verdict in an Illinois Biometric Information Privacy Act (“BIPA”) class action.  BNSF contends that the verdict, which resulted in a court award of $228 million in damages, is unconstitutional and unreasonable…

Continue Reading BNSF Seeks New Trial After First Ever BIPA Jury Verdict Because Damages Are Unconstitutional And Unreasonable

By Jennifer A. Riley, Alex W. Karasik and Tyler Z. Zmick

Seyfarth Synopsis:  In Sosa v. Onfido, Inc., No. 20-CV-4247, 2022 U.S. Dist. LEXIS 74672 (N.D. Ill. Apr. 25, 2022), the Court issued the latest plaintiff-friendly decision under the Illinois Biometric Information Privacy Act (“BIPA”), putting businesses and employers on notice that the statute can apply to photographs …
Continue Reading Picture This: Illinois Federal Court Holds That BIPA Applies To Photographs

By Jennifer Riley, Gerald L. Maatman, Jr., Tyler Zmick, Alex Karasik, Sarah Bauman, and Greg Tsonis

Seyfarth Synopsis:  The Illinois Supreme Court issued its long-awaited decision in McDonald v. Symphony Bronzeville Park, LLC, et al., 2022 IL 126511 (Feb. 3, 2022), holding that claims for statutory damages against an employer under the Illinois Biometric Information …
Continue Reading Illinois Supreme Court Holds Workers’ Compensation Act Does Not Bar BIPA Claims

By Gerald L. Maatman, Jr.

Seyfarth Synopsis: Seyfarth’s 18th Annual Workplace Class Action Litigation Report analyzes 1,607 rulings and is our most comprehensive Report ever at over 840 pages.

Click here to access the microsite featuring all the Report highlights. You can read about the five major trends of the past year, order your copy of the eBook, and download …
Continue Reading It Is Here – Seyfarth’s 2022 Annual Workplace Class Action Litigation Report 

By Jennifer A. Riley and Alex W. Karasik

Seyfarth Synopsis:  This week the U.S. Court of Appeals for the Seventh Circuit issued its long-awaited decision in Cothron v. White Castle Sys., No. 20-3202, 2021 U.S. App. LEXIS 37593 (7th Cir. Dec. 20, 2021), on whether claims asserted under Sections 15(b) and 15(d) of the Illinois Biometric Information Protection…
Continue Reading Seventh Circuit Sends BIPA Claim Accrual Question To Illinois Supreme Court

Explosion, Fire, Forest, NatureBy Gerald L. Maatman, Jr.

 Seyfarth Synopsis: On an annual basis the American Tort Reform Association (“ATRA”) publishes its “Judicial Hellholes Report.” The Report focuses on litigation issues in state court systems and challenges for corporate defendants in the fair and unbiased administration of justice. The ATRA recently published its 2021-2022 Report and California is identified as the most disadvantageous …
Continue Reading The 2021-2022 Judicial Hellholes Report On The Worst Jurisdictions For Defendants

We are pleased to present our latest vlog featuring Jennifer Riley and Alex Karasik, members of Seyfarth’s Biometric Privacy Class Action Team, with their thoughts, analysis, and practical guidance on workplace privacy laws and regulations affecting employers in Illinois, New York City, California, and elsewhere in the United States. Join our panel of experts for a discussion on BIPA…
Continue Reading Video Blog: Introduction And Overview Of Biometric Privacy Laws