Last year, CPW covered a litigation win by Clarifai, Inc., a technology company specializing in artificial intelligence, when a federal court granted its motion to dismiss claims brought under Illinois’ Biometric Information Privacy Act (“BIPA”) in Stein v. Clarifai, Inc., No. 20 C 1937, 2021 U.S. Dist. LEXIS 49516 (N.D. Ill. Mar. 16, 2021).
While Illinois’ Biometric Information Privacy Act remains one of the most-litigated privacy statutes, several aspects of the law remain unsettled, including the applicable statute of limitations for BIPA claims. CPW has previously covered several key decisions addressing whether BIPA claims are subject to a one-, two-, or five-year statute of limitations, as well as whether
CPW has previously covered litigation brought against a biometric software developer in Illinois, Sosa v. Onfido, Inc., 2021 U.S. Dist. LEXIS 658 (N.D. Ill.). In the court’s latest landmark ruling, the judge denied a motion to dismiss from defendant, finding that Illinois’ Biometric Information Privacy Act (“BIPA”) extends to information derived from photographs,
While “data privacy litigation” may immediately conjure up ideas of data breaches or biometrics, data privacy also extends to sensitive or corporate information—and a recent ruling out of the Fourth Circuit handed down a significant precedent with respect to trade secrets. Earlier this month, the Fourth Circuit ruled on an employer’s (second) appeal of the
With the first quarter of 2022 at a close, litigation involving the collection and protection of biometric data has taken off to a hot start, setting a fervent pace that could mean big things for data privacy litigation for 2022 (with crossover impact on data breach and cybersecurity litigations, as outlined below). Read on to
As CPW has been tracking, data privacy is a priority of the Federal Trade Commission (“FTC”). A proposed settlement agreement entered into between the FTC and a lead generation company underscores this point, as well as the heightened risk for executives at companies who fail to adhere to applicable privacy regimes. Read on to learn
2021 was another record setting year for biometric litigation, with class action plaintiffs bringing new AI-based consumer privacy claims and a continuing trend of employment-based disputes. Read on for CPW’s highlights of the year’s most significant events concerning biometric litigation, as well as our predictions for what 2022 may bring.
Overview of 2021 BIPA Litigations:
Recent coverage of data breach and cybersecurity litigation has focused on developments concerning Article III standing and inventive Plaintiff’s counsel seeking to rely on a cyberattack to bring quintessential consumer pricing class actions. However, there is a new development looming on the horizon that has received little attention so far: the threat posed by
The Federal Trade Commission (FTC) has made it clear: data privacy and cybersecurity are now a priority, and will be for years to come. In the wake of PrivacyCon 2021, the FTC’s sixth annual privacy, cybersecurity and consumer protection summit, held this summer, the FTC finally took official and sweeping action on privacy and
In Bradenberg v. Meridian Senior Living, LLC, No. 20-cv-03198 (C.D. Ill. Sept. 30, 2021), another BIPA complaint this year proceeded past the complaint stage, as the Court found that Plaintiff’s allegations were sufficient to state a claim. While open ended questions remain regarding the statute’s scope and damages provisions (some of which may