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Publications
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03.13.2024The Next Wave of Privacy Litigation: The Illinois Genetic Information Privacy ActUpdatesEnacted in 1998, Illinois’ Genetic Information Privacy Act governs the confidentiality and use of genetic testing and genetic information by employers and insurers. The statute was designed to prevent employers and insurers from using genetic testing and information as a means of discrimination.
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02.23.2023Every Scan You Make: The Illinois Supreme Court Rules BIPA Claims Accrue With Each Biometric Data Collection or DisclosureUpdatesIn a landmark decision, the Illinois Supreme Court holds that every individual scan or transmission of biometric data made without the proper disclosures amounts to a separate violation of the Illinois Biometric Information Privacy Act.
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10.18.2022$228M Verdict in First Illinois Biometric Information Privacy Act TrialUpdatesAfter a five-day trial and only an hour of deliberation, the nation’s first trial under the Illinois Biometric Information Privacy Act ended with a bang. The jury found that the defendant recklessly or intentionally violated BIPA 45,600 times resulting in a $228 million judgment.
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04.05.2022Illinois Supreme Court Nixes Employer Biometric Privacy DefenseUpdatesIn the latest of a series of setbacks for employers facing claims under the Illinois Biometric Information Privacy Act, the Supreme Court of Illinois held last month that the Illinois Workers’ Compensation Act does not preempt BIPA claims for statutory damages brought by employees.
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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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06.01.2021Illinois Supreme Court Affirms BIPA Lawsuits Are Covered by GL PoliciesUpdatesThe deluge of lawsuits brought under the Illinois Biometric Information Privacy Act (BIPA), 740 ILCS 14 et seq. over the past several years has presented a challenge to companies operating in Illinois.
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04.05.2021Supreme Court Narrows TCPA’s Definition of “Autodialer”UpdatesIn Facebook, Inc. v. Duguid et al., the U.S. Supreme Court provided some clarity that stakeholders have been awaiting since 2015 by adopting a narrower interpretation of the term “autodialer” for purposes of the Telecommunications Consumer Protection Act (TCPA). The Court reversed an expansive interpretation of “autodialer” adopted by the U.S. Court of Appeals for the Ninth Circuit that the Court noted would have prohibited many commonplace uses of cell phones by consumers. The Court found that for a dialing system to constitute an autodialer, it must have the capacity to either store or produce a telephone number using a random or sequential number generator. This narrower interpretation comes as a relief to a broad range of businesses and nonprofit organizations, among others, that believed the Ninth Circuit’s broad interpretation unfairly ensnared legitimate communications practices that did not harm consumers.
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01.29.2021Everalbum Settles FTC Claims Alleging Deceptive Use of Facial Recognition TechnologyUpdatesThe Federal Trade Commission announced on January 11, 2021, that it had reached a settlement with Everalbum, Inc., the developer of a now-defunct photo storage app called “Ever.” The settlement is the FTC’s first enforcement action focused on facial recognition technology, and likely signals a new era of increased regulatory scrutiny for companies involved in facial recognition.
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12.22.2020Time to Face the Country’s Strictest Facial Recognition LawUpdates
Companies that do business in Portland, Oregon may need to add one more item to their holiday to-do list: disable face recognition technologies in Portland.
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02.04.2020New Biometrics Lawsuits Signal Potential Legal Risks in AIUpdatesCompanies that deal with biometrics are likely aware of Illinois’ Biometric Information Privacy Act (BIPA), which regulates the collection, storage, and use of biometric data, including, for example, fingerprints, voiceprints, and scans of “face geometry.”
This update was republished in The Journal of Robotics, Artificial Intelligence & Law (September / October Edition). -
01.09.2019Welcome to 2019… States Take the Lead on Privacy RegulationArticles
Privacy Quick Tips
Since the passing of the European General Data Protection Regulation (“GDPR”), several states have introduced or passed privacy and data protection legislation. In addition to the California Consumer Privacy Act of 2018 (“CCPA”), the following state laws should be on your radar in 2019. -
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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12.05.2018Managing the Privacy and Data Security Risks of IoT This Holiday SeasonUpdatesAs brick-and-mortar retailers seek effective ways of competing with the perceived convenience of online shopping, more and more are turning to the Internet of Things (IoT) to enhance customer engagement, in-store experience, and administrative and personnel efficiencies.
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10.04.2018Can Your Political Campaign Call Me? The TCPA and Political RobocallsArticlesDebra Bernard authored the article, "Can Your Political Campaign Call Me? The TCPA and Political Robocalls," in the The National Law Journal, regarding the mounting challenges to the Telephone Consumer Protection Act due to its potential restrictions on political speech.
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03.20.2018A Closer Look At Long-Awaited D.C. Circ. Robocall RulingArticles
Law360
Marc Martin, James Snell and Debra Bernard authored the article, "A Closer Look At Long-Awaited D.C. Circ. Robocall Ruling," on Law360 regarding the long-awaited decision in ACA International v. Federal Communications Commission. -
03.19.2018Critical Takeaways From the D.C. Circuit’s Long-Awaited Robocall RulingUpdatesLast Friday, the U.S. Court of Appeals for the District of Columbia Circuit (D.C. Circuit) issued its long-awaited decision in ACA International v. Federal Communications Commission, No. 15-1211 (D.C. Cir. Mar. 16, 2018).
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08.02.2017Proposed Illinois Data Privacy Laws May Be ProblematicArticles
Illinois is moving forward with legislation that will bolster its reputation for having the nation’s strictest data privacy laws. But the pending bills might stifle e-commerce while providing little relief to consumers.
*Subscription based publication.
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06.30.2016TCPA LitigationPerkins Coie’s Privacy & Security and Class Action Defense groups defend Telephone Consumer Protection Act (TCPA) cases throughout the country. This newsletter provides updates on litigation and regulatory developments regarding the Telephone Consumer Protection Act (TCPA). View the full newsletter.
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05.17.2016Spokeo Confirms That Alleging a Statutory Violation Is Not Necessarily Enough to Create StandingUpdatesIn a 6-2 decision, the Supreme Court held that the mere allegation of a statutory violation is not necessarily enough to create Article III standing.
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07.17.2015The July 2015 TCPA Omnibus Declaratory Ruling and Order: The Good, the Bad, and the UglyUpdatesIn last Friday’s long-awaited TCPA Omnibus Declaratory Ruling and Order (Order), the Federal Communications Commission (FCC or Commission) may have dramatically altered the landscape for TCPA class action defense.
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11.06.2014Avoid a Class Action Lawsuit Landing in Your Holiday StockingUpdatesThe holidays are quickly approaching, and shoppers are expected to spend in excess of $600 billion this season. The holiday season is shaping up to become a winter wonderland for retailers.
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04.03.2014FCC Clarifies TCPA MandatesUpdatesThe FCC last week issued two declaratory rulings interpreting the Telephone Consumer Protection Act (TCPA). While the rulings in each are limited to the specific requests set forth in the petitions, they include broad language and reasoning that will be helpful for businesses looking for ways to reach their customers without running afoul of the TCPA.
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10.08.2013Are You Ready for the New TCPA Regulations Regarding Text/SMS Marketing That Go Into Effect on October 16, 2013?UpdatesOn October 16, 2013, new rules promulgated by the Federal Communications Commission on June 11, 2012 implementing the Telephone Consumer Protection Act of 1991 go into effect regarding the requirements for prior written consent necessary to send text/sms marketing messages.
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12.04.2012FCC Rules That Confirmatory Opt-Out Text Messages Don't Violate the TCPA Under Certain CircumstancesUpdatesIn a ruling that will impact certain aspects of how companies handle their SMS/text message promotional programs, on November 29, 2012, the Federal Communications Commission released a Declaratory Ruling regarding the Telephone Consumer Protection Act (TCPA) pursuant to a request by SoundBite Communications, Inc.
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07.02.2012Unexpected Dismissal by Supreme Court Leaves Intact Ninth Circuit Decision Holding That Violation of a Statutory Right, Without Actual Damage, Confers Article III StandingUpdatesA Supreme Court decision long-awaited by the class action bar and businesses was a surprise non-event last Thursday when, seven months after hearing oral arguments in First American Financial Corp. v. Edwards, the Supreme Court issued an order dismissing the writ of certiorari in the case as improvidently granted. The Supreme Court's per curiam order, presented without reasoning, left intact the Ninth Circuit's holding that a plaintiff who pled a statutory violation but not actual damages had standing under Article III of the U.S. Constitution, which requires that a plaintiff has suffered a concrete “injury in fact.” The Supreme Court's decision means that, at least in the Ninth Circuit “[t]he injury required by Article III can exist solely by virtue of ‘statutes creating legal rights, the invasion of which creates standing.’”
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02.23.2012FCC Releases Final Report and Order Updating Its Rules Implementing the TCPAUpdatesAfter nearly two years of comments, the FCC issued its Report & Order updating its Rules implementing the Telephone Consumer Protection Act pursuant to the January 2010 Notice of Proposed Rulemaking.
Presentations
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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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02.02.2021Spatial Computing: Legal Expertise from Perkins CoieSpeaking EngagementsSpatial Computing: Perkins Coie Legal Expertise
Perkins Coie / VirtualIrena Cronin, co-author of The Infinite Retina, is hosted a virtual roundtable featuring four veteran technology attorneys from Perkins Coie: Debra Bernard, Brian Coleman, Jason Schneiderman, and Kirk Soderquist. -
10.07.2020When the Machine Knows Who You Are: How the Law Is Responding to a Biometric RevolutionWebinarsThis webinar explores the legal landscape that governs biometric technologies and the latest biometric solutions to global challenges, such as COVID-19.
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04.29.2019Perceptions of Privacy: The Rashomon EffectSpeaking EngagementsConnect:ID Conference / Washington D.C.
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09.2018Fall Tune-Up 2018: BiometricsSpeaking EngagementsChicago Bar Association
Cyber Law and Data Privacy Committee / Chicago, IL -
06.21.2018BiometricsSpeaking EngagementsABA Third Institute of Cybersecurity and Privacy Law / New York, NY
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05.22.2018Building Trust in Digital Economies with Face BiometricsSpeaking EngagementsMarketplace Risk Conference / San Francisco, CA
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03.20.2018Whose Finger or Face is it? Biometrics: Legal & Litigation LandscapeSpeaking EngagementsBiometrics Institute Conference / Washington, D.C.
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12.2017Biometric Privacy in the Digital AgeSpeaking EngagementsChicago Bar Association Winter Seminar / Chicago, IL
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11.2017U.S. Biometrics LitigationSpeaking Engagements
Biometrics Institute / London, England
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10.18.2017Biometrics and the LawSpeaking Engagements
IAPP Privacy Security & Risk / San Diego, CA
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05.2017A.R./V.R and BiometricsSpeaking Engagements
Video Game Bar Association Legal Affairs Summit / Los Angeles, CA
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09.19.2016TCPA Litigation Panel – Views From Both SidesSpeaking EngagementsPanelist
PACE Annual TCPA Summit / Washington D.C. -
06.24.2016Code of Conduct for Internet of Things: Are Privacy Concerns Different with Iot?Speaking EngagementsCyber Security and Data Privacy & Protection Conference / Chicago, IL
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09.15.2015What Your Body Reveals About You And What The Law Protects: Biometrics And The LawSpeaking EngagementsCBA Cyber Law and Data Privacy Committee / Chicago, IL
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05.09.2015The Social Media (R)Evolution: How Social Media Content Impacts E-Discovery Risks and CostsSpeaking EngagementsThe Masters Conference / Chicago, IL
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03.05.2015Questions In-House Counsel Should Ask to Help Manage Technology RiskSpeaking EngagementsACC-San Francisco Bay Area / San Francisco, CA
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01.30.2015The Telephone Consumer Protection Act (TCPA): What You Need to KnowSpeaking EngagementsAmerican Conference Institute’s 21st National Conference on Consumer Finance Class Actions and Litigation / New York, NYWhat You Need to Know About the Industry’s Most Active Statute, FCC Involvement, Recent Settlements and Strategies for Defeating TCPA Litigation.
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05.05.2014 - 05.06.2014Trademark & Intellectual Property - The What and How They are Impacting FranchisingSpeaking EngagementsInternational Franchise Association Legal Symposium / Chicago, IL
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03.12.2014New Telephone Consumer Protection Act Rules: Boon or Bane to Your Company?Speaking EngagementsThe Knowledge Group Live Webcast
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09.20.2012What a Responsible Professional (CPA or Attorney) Should Know about e-Discovery and Document ManagementSpeaking EngagementsIllinois CPA Society Fraud Conference / Chicago, IL
