Illinois

In case you missed it, below is a summary of recent posts from CPW.  Please feel free to reach out if you are interested in additional information on any of the developments covered.

FTC Amends GLBA Safeguards Rule to Impose Significant New Privacy Obligations on Financial Institutions – Consumer Privacy World

Killware: The New Cyber

A federal court this week in the McDonald’s AI litigation found that Plaintiff lacks Article III standing to pursue BIPA Section 15(a) and 15(c) claims.  Consequently, it remanded these claims back to state court while letting other BIPA claims remain in federal court.  Carpenter v. McDonald’s Corporation, Case No. 1:21-cv-02906 (N.D. Ill.).  This

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

Last week a federal court in Illinois granted preliminary approval to a $92 million settlement reached in the TikTok multidistrict litigation (“MDL”), over objections that had been raised in March concerning the basis and terms of settlement.  Read on to learn more.

As readers of CPW already know, last year the Panel on Multidistrict

In case you missed their presentation this week to the Association of Corporate Counsel, the webinar given by CPW’s Alan Friel, Kyle Fath and Kristin Bryan was recorded and is now available here.  In it they cover an update on new US privacy laws, including for California, Colorado and Virginia (among others), as well

Currently pending before the Seventh Circuit Court of Appeals is the important question of when a claim under the Illinois Biometric Information Privacy Act (“BIPA”) accruesCothron v. White Castle, No. 20-3202 (7th Cir.)  In another litigation CPW previously identified, a panel for the Illinois Court of Appeals recently addressed whether BIPA

11:03 am-DONE!  That’s a wrap.  Will be interesting to see how Seventh Circuit rules and if ends up punting issue by certifying question to the Illinois Supreme Court.

11:02 am-Counsel for White Castle given one minute to respond in rebuttal.  Counsel for White Castle-this court can decide this question based on Rosenbach.  Rosenbach and West

Tune in to CPW tomorrow, September 14 at 10:30 am EST for Kristin Bryan’s live blog of one of the biggest data privacy litigation events of the year–oral argument in Cothron v. White Castle, No. 20-3202 (7th Cir.).  The case presents the core issue of [w]hether, when conduct that allegedly violates BIPA is repeated,

Earlier this year we identified Cothron v. White Castle as a must-watch data privacy case this year and industry experts agree.  No. 20-3202 (7th Cir.) (For our prior coverage of the case, you can go here, here and here).  The litigation concerns application of the Illinois Biometric Information Privacy Act (“BIPA”) and

A federal court recently dismissed biometric litigation brought against a marketer and seller of video technology products.  Jacobs v. Hanwha Techwin Am., Inc., 2021 U.S. Dist. LEXIS 139668 (N.D. Ill. July 27, 2021).  Although at least two other prior cases had allowed similar claims against a third-party technology provider to proceed into discovery, the