Biometric Litigation
DE Under 3: FTC Enters the Biometric Privacy Protection Conversation
Digital Planning Podcast Episode: Understanding Biometrics and the Impact on Estate Planning
Illinois Supreme Court Clarifies BIPA Violation Accruals, Opening the Door for “Annihilative” Damage
Podcast: BIPA Trends in 2022
Immigration Insights Podcast: International Entrepreneur Parole Program & Biometrics Requirement
JONES DAY PRESENTS® The Impact of Digital Health on Research and Clinical Trials
#BigIdeas2020: Facial Recognition Technology and Employer Compliance - Employment Law This Week® - Trending News
5 Key Takeaways | Biometrics: Identifying and Mitigating Legal Risks
Effective January 1, 2026, the Texas Responsible Artificial Intelligence Governance Act (TX H.B. 149, 2025) takes a unique approach to AI regulation—pulling threads from the EU AI Act, Colorado's comprehensive AI statute, and...more
Texas has become the second state, after Colorado, to enact omnibus legislation regulating artificial intelligence (AI) systems. On June 22, 2025, Texas Gov. Greg Abbott signed into law the Texas Responsible Artificial...more
On June 22, 2025, Texas Governor Greg Abbott signed the Texas Responsible Artificial Intelligence Governance Act (TRAIGA or the Texas AI Act) into law. The new law goes into effect January 1, 2026. The law places obligations...more
Key Takeaways - - Amendments to the Colorado Privacy Act, which go into effect on July 1, 2025, establish obligations surrounding both biometric identifiers and biometric data and the broader category of biometric...more
Cyber, Privacy, and Technology Report - Welcome to your monthly rundown of all things cyber, privacy, and technology, where we highlight all the happenings you may have missed....more
Recently, Texas Attorney General (AG) Ken Paxton announced the launch of a Texas data privacy and security law enforcement initiative by establishing a new unit focusing on Texas’ privacy laws. The AG’s Office made the...more
Colorado’s 2024 legislative session saw the passage of numerous laws that bolster employee protections and increase penalties for employers that violate key Colorado employment statutes. These recent updates continue the...more
We’ve cautioned before about the danger of thinking only about US state “comprehensive” laws when looking to legal privacy and data security obligations in the United States. We’ve also mentioned that the US has a patchwork...more
For the first time since 2008, BIPA reform is in the air. On May 16, 2024, the Illinois House of Representatives overwhelmingly approved Senate Bill 2979, which paves the way for final passage to Governor J.B. Pritzker’s...more
On May 16, 2024, the Illinois Legislature passed Senate Bill 2979 (SB2979), marking a significant amendment to how damages are calculated under the Illinois Biometric Information Privacy Act (BIPA). This amendment refines the...more
Since 2011, I’ve attended the International Association of Privacy Professionals’ Global Privacy Summit in Washington, D.C. Each year one session gets everyone talking; this year the honor went to “Direct Insights from U.S....more
ArentFox Schiff's annual review of significant developments and trends that shaped class action litigation in 2023 has major implications for companies across the country. From labor and employment disputes to landmark...more
Recently, the Illinois General Assembly have restarted efforts to amend the Biometric Information Privacy Act of 2008 (“the Act”). On January 31, 2024, Senator Bill Cunningham introduced S.B. 2979 ostensibly to answer the...more
Connecticut was one of the first U.S. states to pass a comprehensive data privacy law back in May 2022. Today, a total of 13 states have passed similar laws, and dozens of other states are proposing legislation to do so as...more
ARTIFICIAL INTELLIGENCE - What is the Privacy Impact of the White House AI Order for Businesses? Posted November 28, 2023 Biden’s sweeping AI Executive Order sought to have artificial intelligence used in accordance...more
The Current Status of Privacy Laws Across the United States - Unlike the General Data Protection Regulation (GDPR) in the European Union (EU), the United States does not have a nationwide comprehensive data privacy law....more
Washington state recently passed the My Health My Data Act (the Act), which will almost certainly lead to an explosion of consumer lawsuits and follow-on insurance coverage disputes. The measure is intended to protect...more
On May 18, 2023, the Federal Trade Commission (FTC) adopted a Policy Statement on biometric information that details its “significant concerns” arising from the increasing use of biometric information and technologies that...more
Despite its misleading title, Washington’s My Health My Data Act will regulate many things most people would not think of as health-related data. It will also regulate non-Washington entities, mere processors of...more
Washington Governor Jay Inslee signed into law House Bill 1155, also known as the My Health, My Data Act (the Act), on April 27, 2023. The Act goes into full effect for “regulated entities” on March 31, 2024 (and later for...more
On April 27, 2023, the New York City Council formally introduced two bills regarding biometric data and facial recognition technologies, and specifically addressing use of these technologies by the private sector....more
In a country that is still struggling with an opioid epidemic, and where there are enough rules and laws regulating the dispensing of medication to fill a tome, it makes sense that medical providers across the nation are...more
Amazon Sued for Not Telling New York Store Customers about Tracking Biometrics - “Thanks to a 2021 law, New York is the only major American city to require businesses to post signs letting customers know they’re tracking...more
Biometric identifiers are unique to every individual. They include your fingerprints, facial structure, and even how you walk. There is the Illinois Biometric Information Protection Act (“BIPA”), and biometric protection...more
The Illinois Supreme Court recently clarified when a Biometric Information Privacy Act (BIPA) claim accrues: each time, and not just the first time, a person’s biometric information is collected without consent. BIPA requires...more