Publications
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2022California Consumer Privacy Act Litigation Year in Review 2022Lawyer PublicationsPerkins Coie is pleased to announce the launch of our second annual report California Consumer Privacy Act Litigation Year in Review. The California Consumer Privacy Act (CCPA) became effective on January 1, 2020, and regulates any “business” that does business in California.
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03.01.2022Rip Van Wrinkle: The Grandfather of Biometric Laws AwakensUpdatesFor many years, the most significant law governing biometric-based products and services has been the Illinois Biometric Information Protection Act. This past month, however, another biometric data privacy law woke from a long, undisturbed slumber.
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10.2021/11.2021Biometric Privacy LitigationArticlesSecurity is one of the key applications for biometric technology and is increasingly pervasive. For example, companies have begun using biometric technology to provide secure, touchless financial transactions, limit access to medications and controlled substances, screen airline passengers, screen attendees of large-scale gatherings, such as sporting events and concerts, secure buildings, prevent unauthorized entry, and detect known threats, and monitor face-mask usage.
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07.23.2021Biometric Privacy Rules Come to NYCArticlesNew York City’s ordinance could be the beginning of a trend, or simple an outlier, but one that every business in the city should be aware of.
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07.09.2021The City That Never Peeps? NY City’s Biometric Identifier Information Ordinance Goes Into Effect July 9, 2021UpdatesNew York City’s new biometrics ordinance went into effect July 9, 2021. The ordinance regulates the use of “biometric identifier information” in “commercial establishments” such as places of entertainment, retail stores, and food and drink establishments.
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01.02.2019Google Defeats Biometric Privacy Lawsuit on Article III Standing GroundsUpdatesGoogle won summary judgment in Rivera v. Google, a privacy class action alleging violations of the Illinois Biometric Information Privacy Act (BIPA). The case involved “face grouping,” a feature that enables Google Photos to automatically sort and group the photographs in a user’s private account, based on visual similarities between the images of faces in the photos. The court held that any alleged collection of “biometric information” or “biometric identifiers” stemming from this feature did not cause an injury-in-fact sufficient to confer Article III standing. This update summarizes the decision, which may be relevant to clients involved with biometric technology, as well as other clients facing litigation where a no-injury defense may be applicable.
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03.09.2012Budget Cuts in Los Angeles Superior Court Expected to Reduce Courtroom Staff and Court Reporters Available for Civil CasesUpdatesThe Los Angeles Superior Court has announced that due to deep funding cuts by the state, significant layoffs will be implemented on June 30, 2012, impacting more than 350 court staff and more than 50 courtrooms.
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07.25.2011Significant Delays Expected in the Processing of Civil Cases in San Francisco Superior Court and Other Bay Area County CourtsUpdatesThe San Francisco Superior Court has announced that due to severe budget constraints, the court will implement a 40% reduction in staff, including eliminating 11 of the court’s 12 commissioners.
Presentations
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12.15.2021Biometrics & Related Legal IssuesSpeaking Engagements
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12.06.2021 – 12.10.20212021 AI Week: When the Machine Knows Who You Are: How the Law Is Responding to a Biometric RevolutionWebinarsFor all of its benefits, artificial intelligence (AI) poses a wide range of legal risks and ethical issues. To address this, we presented a series of CLE webinars and a podcast, that discussed key issues related to the many advantages and regulatory challenges associated with enterprise AI integration and deployment.
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01.14.2020
Perkins on Privacy
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Rip Van Wrinkle: The Grandfather of Biometric Laws Awakens
In February, the Texas attorney general brought the first enforcement action under Texas’ Capture of Use of Biometric law. CUBI was the first state law to govern the collection and use of biometric data, predating the more well-known Illinois law by seven years. This update explores (1) the key differences between CUBI and the Illinois... Continue Reading…
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What Is the Ordinance? New York City’s new biometrics ordinance goes into effect today, Friday, July 9. The ordinance regulates the use of “biometric identifier information” in “commercial establishments.” It is the first law of its kind in the State of New York. “Biometric identifier information” is broadly defined to mean “a physiological or biological characteristic,” used... Continue Reading…
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CCPA in Litigation: 2018 to Present
The California Consumer Privacy Act (CCPA) went into effect three months ago, on January 1, 2020. Although enforcement by the California attorney general cannot begin until July 1, private plaintiffs have been able to bring claims under the law’s limited private right of action since the beginning of the year. The CCPA is already having... Continue Reading…