By Gerald L. Maatman, Jr., Thomas Ahlering, Alex Karasik, and Sarah Bauman

Seyfarth Synopsis: On September 20, 2021, the Seventh Circuit ruled in Fernandez v. Kerry, Inc., No. 21-1067 (7th Cir. Sept. 20, 2021), that a cause of action filed under the Illinois Biometric Information Privacy Act (“BIPA”) by employees of Kerry, Inc., was preempted by


Continue Reading Seventh Circuit Tosses BIPA Class Action On Federal Labor Law Preemption Grounds  

By Gerald L. Maatman, Jr., Thomas E. Ahlering, Alex W. Karasik, and Sarah Bauman

Seyfarth Synopsis: On September 17, 2021, the Illinois Appellate Court issued its highly-anticipated decision in Tims v. Black Horse Carriers, Inc., 2021 IL App (1st) 200563 (1st Dist. Sept. 17, 2021), on whether a one-year or five-year statute of limitations period applies
Continue Reading The Illinois Appellate Court Issues Key Ruling On Statute Of Limitations In BIPA Class Actions

By Gerald L. Maatman, Jr.Thomas E. Ahlering and Andrew R. Cockroft

Seyfarth Synopsis: New York City’s new biometric privacy ordinance creates a private right of action for individuals that could subject local businesses to potentially millions of dollars in liability.  Employers who do business in New York City should carefully review this new ordinance as well as any


Continue Reading New York City’s New Biometric Privacy Law Goes Into Effect July 9, 2021

By Karla Grossenbacher, Thomas E. Ahlering & Andrew R. Cockroft

Seyfarth Synopsis: Both Portland and New York City have followed the example set by Illinois’ Biometric Information Privacy Act (“BIPA”), a statute that has spawned thousands of cookie-cutter class action suits regarding the alleged collection of biometric information. Like BIPA, these new ordinances create a private right of action


Continue Reading Portland, OR And New York City Follow Illinois’ Lead On Private Rights Of Action In Biometric Privacy Legislation

 By Gerald L. Maatman, Jr. and Thomas E. Ahlering

Seyfarth Synopsis: Following in the footsteps of New York, Maryland recently introduced a standalone biometric information privacy bill, House Bill 218, that mirrors Illinois’ highly litigious Biometric Information Privacy Act (740 ILCS § 14/1 et seq., “BIPA”) in many respects.  Most notably, as presently drafted, Maryland’s proposed bill, like
Continue Reading Maryland Joins Growing Number Of States Introducing Biometric Information Privacy Bills With Potential To Spur Class Action Litigation

By Gerald L. Maatman, Jr., Thomas E. Ahlering, Paul Yovanic, Jr.

Seyfarth Synopsis: The New York state legislature recently introduced a standalone biometric information privacy bill, AB 27, that mirrors Illinois’ Biometric Information Privacy Act (740 ILCS § 14/1 et seq., “BIPA”), which has spawned thousands of class actions in the Land of Lincoln. If enacted, The New
Continue Reading Employers Take Note – New York Introduces A Biometric Information Privacy Bill Identical To The Illinois BIPA

By Gerald L. Maatman, Jr., Andrew D. Welker, and Alex S. Oxyer

Seyfarth Synopsis: Every year 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’s 2019-2020 Report was recently published; find a
Continue Reading The 2019-2020 Judicial Hellholes Report On The Worst Jurisdictions For Defendants

By Gerald L. Maatman, Jr., Thomas E. Ahlering and Andrew R. Cockroft

Seyfarth Synopsis: While most employers are likely familiar with the Illinois Biometric Information Privacy Act (“BIPA”), they should know that Illinois is not the only state with a biometric privacy law and many other states are not far behind from joining that group.  In addition to states
Continue Reading Copy-Cat Class Actions Meet Copy-Cat Legislation: Illinois’ BIPA Spurs New Biometric Privacy Legislation Across The Nation

By Gerald L. Maatman, Jr., Thomas E. Ahlering, and Alex W. Karasik

Seyfarth Synopsis: The Illinois Supreme Court held in its first ever ruling concerning the state’s Biometric Information Privacy Act (“BIPA”) that a person need not have sustained actual damage beyond technical violations of BIPA in order to pursue claims for damages.  The Illinois Supreme Court’s ruling will
Continue Reading Illinois Supreme Court Issues Landmark Ruling Interpreting The Illinois Biometric Information Privacy Act

By Gerald L. Maatman, Jr. and Thomas E. Ahlering

 Seyfarth Synopsis:  As the number of class action lawsuits alleging violations of the Illinois Biometric Information Privacy (“BIPA”) has exploded in the last six months, defendants have been eagerly awaiting guidance from an Illinois appellate court regarding what a Plaintiff must allege in order to have a viable right of action
Continue Reading Illinois Appellate Court Turns The Tide In Favor Of Employers In Class Actions Brought Under The Illinois Biometric Privacy Act Alleging Mere Technical Violations