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Personally Identifiable Information Damages

Klein Moynihan Turco LLP

Daniel’s Law Lawsuits – Constitutionality Update

Our readers may recall our prior pieces in which we discussed a New Jersey State privacy law, colloquially known as Daniel’s Law. As our readers know, many of the defendants in these Daniel’s Law lawsuits challenged the...more

Clark Hill PLC

End of the BIPA Era? Federal Court Rules BIPA Amendment Applies Retroactively

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On Nov. 13, Judge Elaine Bucklo of the United States Court for the Northern District of Illinois ruled that the Illinois legislature’s recent amendment to the Illinois Biometric Privacy Act (BIPA) limiting the damages...more

Amundsen Davis LLC

Democratizing the Defense to Doxing: New Attorney Fee Awards for Victims Alters Paradigm

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Defamation is the line between free and unlawful speech. Doxing is the disclosure of another’s personally identifiable information with the intent to bring the internet’s violent speech to their front door. Online defamation...more

Jones Day

First Tranche of Australia's Much Anticipated Privacy Law Reforms Revealed

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The first wave of Australia's expansive privacy law reforms has been introduced into Federal Parliament in the Privacy and Other Legislation Amendment Bill 2024 (Cth) ("Bill")....more

Constangy, Brooks, Smith & Prophete, LLP

Good news for businesses: NYS courts will dismiss data breach class actions for lack of concrete harm to plaintiff

Data breaches have become a serious issue for businesses, leading to numerous putative class action lawsuits alleging that the defendants failed to prevent the unauthorized disclosure of personally identifiable information or...more

Shipman & Goodwin LLP

Unfairness, Identity Theft, and Treble Damages After FCW Law Offices

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Earlier this month, the Connecticut Appellate Court clarified the law regarding the interaction of enhanced damages available under different statutes. In Frank Charles White v. FCW Law Offices, the court held that, although...more

Wyrick Robbins Yates & Ponton LLP

Illinois Adopts Business-Favorable Amendment to Biometric Information Privacy Act

The Illinois Biometric Information Privacy Act (“BIPA”) has posed significant litigation risk to businesses collecting biometric information since its adoption in 2008. Last year, an Illinois Supreme Court decision magnified...more

K&L Gates LLP

Illinois Reigns In Excesses of Biometric Information Privacy Act: Form of Consent Expanded and Claims Limited

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New amendments to Illinois’s Biometric Information Privacy Act (BIPA) expand the ways in which consent may be obtained and reverse a critical holding in Cothron v. White Castle System, Inc., significantly reducing a company’s...more

Alston & Bird

New Law Limits Damages Plaintiffs Can Seek Under Illinois Biometric Information Privacy Act

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A new Illinois law limits the damages plaintiffs can seek under the state’s Biometric Information Privacy Act (BIPA). Our Labor & Employment Group explores the change’s impact on employers....more

Seyfarth Shaw LLP

Governor Pritzker Signs Amendment Limiting Damages To A Single Recovery

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Earlier this year, we reported that the Illinois Senate passed Senate Bill 2979 with a vote of 46 to 13, and the Illinois House of Representatives passed Senate Bill 2979 with a vote 81 to 30. This bill addressed concerns...more

Faegre Drinker Biddle & Reath LLP

Illinois Governor Signs Law That Limits Damages Recoverable Under the Biometric Information Privacy Act

On August 2, 2024, Illinois Gov. J.B. Pritzker signed into law an amendment to the Biometric Information Privacy Act (BIPA), which will limit defendants’ exposure to liability on a “per scan” basis and clarify that electronic...more

Seyfarth Shaw LLP

BIPA Damages Reform Bill Signed in Illinois

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On August 2, 2024, Illinois Governor J. B. Pritzker signed legislation reforming Illinois’ Biometric Information Privacy Act (BIPA). Senate Bill 2979 immediately amends BIPA to limit a private entities’ potential liability...more

Seyfarth Shaw LLP

BIPA LEGISLATIVE UPDATE: Governor Pritzker Signs Amendment Limiting Damages To A Single Recovery

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Earlier this year, we reported that the Illinois Senate passed Senate Bill 2979 with a vote of 46 to 13, and the Illinois House of Representatives passed Senate Bill 2979 with a vote 81 to 30. This bill addressed concerns...more

Kohrman Jackson & Krantz LLP

Coverage Challenges in Ransomware Claims: Cyber Insurance Policies and Trends in Denials

A consistent pattern emerges in data breach and cyber-attack cases when companies turn to their insurers for coverage after such incidents. Whether they possess specialized cyber insurance or not, insurers often decline...more

Segal McCambridge

District Court Confirms That Damages Are Discretionary Under Illinois’ Biometric Statute

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On June 30, 2023 the Northern District of Illinois vacated the $228 million damages award previously entered in the first jury trial arising under Illinois’ Biometric Information Privacy Act (BIPA), and ordered a new jury...more

Robinson+Cole Data Privacy + Security Insider

BNSF Awarded New Trial for BIPA $228M Award

BNSF Railway, previously hit with a $228 million jury award for violating the Illinois Biometric Information Privacy Act (BIPA) when collecting fingerprints of employees, was recently awarded a new trial to determine damages....more

Fisher Phillips

Top Workplace Law Stories You May Have Missed from June 2023

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It’s hard to keep up with all the recent changes to labor and employment law. While the law always seems to evolve at a rapid pace, there have been an unprecedented number of changes for the past few years — and this past...more

Foley & Lardner LLP

Illinois’s Biometric Law Damages Are Ballooning: How Do Employers Become and Stay Compliant?

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One of the more significant Illinois legal developments in the past month were two Illinois Supreme Court orders interpreting the state’s onerous Biometric Information Protection Act (BIPA). We recently examined how these...more

Wyrick Robbins Yates & Ponton LLP

Working 9 to 5: What a Way to Rack Up BIPA Violations

February brought big changes to the Illinois Biometric Information Privacy Act (“BIPA”) litigation landscape. On the heels of a catastrophic 228 million dollar jury verdict against BNSF, the Illinois Supreme Court issued an...more

Saul Ewing LLP

Illinois Supreme Court Holds That BIPA Cause of Action Accrues Upon Each and Every BIPA Violation, Creating Potential for Massive...

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​On February 17, 2023, the Illinois Supreme Court held that an entity violates the Illinois Biometric Information Privacy Act (“BIPA”) each and every time it fails to fully comply with BIPA’s strenuous collection and...more

Franczek P.C.

Illinois Supreme Court Doubles Down on Liability for BIPA Claims

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On Friday, February 17, 2023, the Illinois Supreme Court issued another blockbuster ruling interpreting the Biometric Information Privacy Act (“BIPA”). In a 4 to 3 decision, the Court in Cothorn v. White Castle Systems held...more

Polsinelli

Divided Illinois Supreme Court Holds that BIPA Claims Accrue with Each Scan, Potentially Opening the Door to Massive Damages...

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In a recent 4-3 decision, the Illinois Supreme Court held that claims under sections 15(b) and 15(d) of Illinois’ Biometric Information Privacy Act (BIPA) accrue each time a private entity collects a biometric identifier...more

Polsinelli

Jury Returns First-of-its-Kind Verdict Against Company in Biometric Class Action

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The first jury verdict to address violations under Illinois’ Biometric Information Privacy Act (BIPA) resulted in a $2.28 million judgment against BNSF Railway. The case involved a class of more than 40,000 truck drivers who...more

Quarles & Brady LLP

Biometric Information Privacy Update: New Illinois Appellate Ruling Expands Temporal Recovery Period and Suggests Enhanced Damage...

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The Illinois First District Appellate Court threw employers a curveball when it recently held that different statutes of limitations apply to various sections of Illinois' Biometric Information Privacy Act, 740 ILCS §14/...more

Dickinson Wright

Damages for Identity Theft? Think Again.

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In this day in age, data breaches are common. Digital extortionists will use sophisticated techniques to obtain confidential and private information of millions of individuals from well-known platforms like Yahoo and Shopify....more

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