Biometric Litigation
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Texas is getting into the AI action, with a new law (the Texas Responsible Artificial Intelligence Governance Act) that will place restrictions not only on AI use by government agencies, but businesses as well. In particular,...more
New biometric protections went into effect in Colorado on July 1. The Colorado Act on biometric identifiers and biometric data (the Act), House Bill 24-1130, amends the existing Colorado Privacy Act (CPA) (CO Rev Stat §...more
In this Privacy, Cyber & AI Decoded alert, we cover Colorado’s Biometric Identifier Requirements, Delaware’s Data Protection Assessment Requirement, Minnesota’s new comprehensive privacy law going into effect, Tennessee’s...more
Welcome to the latest issue of Insurance Insights, a gathering of notable legal developments and trends relevant to the insurance industry. In this issue, California and New York layer on privacy protections, tort reform...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
Vermont recently adopted the Vermont Age-Appropriate Design Code Act, which goes into effect on January 1, 2027. The law is enforceable by the Vermont Attorney General as an unfair or deceptive act or practice. The Attorney...more
Montana recently amended its privacy law through Senate Bill 297, effective October 1, 2025, strengthening consumer protections and requiring businesses to revisit their privacy policies that apply to citizens of Montana....more
Last May, Colorado Governor Jared Polis signed into law amendments to the Colorado Privacy Act ("CPA") that impose new obligations governing the collection, processing, retention, and disclosure of Coloradans' biometrics. The...more
On May 15, 2025, a district court in Illinois denied a motion by defendant Hospital Sisters Health System and Saint Francis (HSHS) to dismiss a class action claim brought against the hospital system under the Illinois Genetic...more
In today’s data-driven sports industry, teams, leagues and sponsors increasingly rely on biometric and performance data to enhance player performance, prevent injuries and optimize contract negotiations. Such data collection...more
As neurotechnology advances and brain-reading devices enter consumer, workplace, educational and healthcare markets, state lawmakers are moving swiftly to address the privacy and ethical concerns these technologies raise....more
On April 17, 2025, the Connecticut Office of the Attorney General (“OAG”) released an Updated Enforcement Report Pursuant to the Connecticut Data Privacy Act (“Report”). The Report, the second issued by OAG (read our...more
Colorado was the third state in the U.S. to pass comprehensive privacy legislation, following in the footsteps of California and Virginia (the Colorado Privacy Act (the “CPA”). Now Colorado is increasing protections again,...more
As employers deal with mounting pressure or desire to implement artificial intelligence in the workplace, they should not forget the laws in several states and localities that place limitations on the use and collection of...more
As robotics technology rapidly advances in connection with the use of artificial intelligence (AI), the collection, processing, and storage of personal information—including biometric data—will become increasingly common....more
Several state attorneys general (AGs) and the Federal Trade Commission (FTC) have begun scrutinizing ancestry tracking company 23andMe following its recent announcement that it has filed for Chapter 11 bankruptcy. As part of...more
Long maligned as innovation-shy, litigation practices are deploying emerging artificial intelligence technologies at a rapid rate. Technology’s ability to instantly synthesize and draw useful conclusions from large amounts of...more
2024 marked another significant year for privacy law, with new state legislation and high-stakes litigation reshaping the landscape. Legal battles over tracking technologies, biometric data, and children’s privacy...more
On February 10, 2025, the first class action complaint was filed under Washington state’s My Health My Data Act (“MHMDA”), over a year after the law was passed. See Maxwell v. Amazon.com, Inc. et al., Case No. 2:25-cv-261...more
The enactment of biometric privacy laws is a growing trend across the country. Existing legislation has led to a boon of class action litigation against employers, consumer-facing businesses, and technology companies for...more
Comprehensive state privacy laws often task a state regulator to promulgate accompanying regulations that clarify the law’s requirements and to enforce the law by providing further guidance through its enforcement actions....more
With artificial intelligence becoming increasingly commonplace in the entertainment industry, lawmakers are enacting legislation regulating the use of AI as well as state privacy laws that regulate the use of personal and...more
Keypoint: Last week, the Utah legislature passed two bills prior to closing while Georgia’s Senate passed a consumer data privacy bill and the Arizona House passed a social media bill. Below is the ninth weekly update on...more
On February 10, 2025, a Washington state resident filed a lawsuit on behalf of herself and similarly situated individuals against Amazon under the Washington My Health My Data Act (MHMD). This is the first lawsuit brought...more