Publications
-
11.13.2023The New Health Privacy Landscape—Out of the Frying Pan and Into the FireUpdatesJust a few years ago, the legal landscape governing health-related personal information was relatively simple: Protected Health Information was regulated under HIPAA. Today, by contrast, the privacy of health-related personal information is under close scrutiny by the FTC, the U.S. Department of Health and Human Services’ Office for Civil Rights and state regulators.
-
07.25.2023The Beaver State Joins Growing List of States To Pass Comprehensive Consumer Privacy Law: The Oregon Consumer Privacy ActUpdatesAs of July 18, 2023, Oregon has joined 11 other states to pass a comprehensive consumer privacy law. The Oregon Consumer Privacy Act requires various disclosures around the collection and processing of personal data, provides consumers with rights to their data, and imposes obligations on controllers and processors, including honoring global opt-out signals.
-
11.01.2022Amazon and Microsoft Win Summary Judgment in Illinois BIPA Lawsuits Based on ExtraterritorialityUpdatesAfter more than two years of litigation, Amazon and Microsoft won summary judgment in two class action lawsuits asserting violations of the Illinois Biometric Information Privacy Act (BIPA): Vance v. Amazon.com, Inc., Case No. C20-1084JLR and Vance v. Microsoft Corp., Case No. C20-1082JLR.
-
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.
-
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.
-
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.
-
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.
-
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.
-
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.
-
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.
-
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.
-
08.04.2020Class Action Litigation in the COVID-19 EraUpdatesHundreds of COVID-19-related class action claims have been filed in state and federal courts throughout the country.
-
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). -
09.2019USA: The Rise of Data Capitalism and Its RisksArticles
DataGuidance
Data has been called the world's most valuable resource, part of the Fourth Industrial Revolution, and the new oil—a trove of unrefined wealth just waiting to be tapped. Data is becoming a force across a variety of industries. -
08.21.2019Leveraging What You Know About GDPR for CCPA ComplianceArticlesSince the implementation of the General Data Protection Regulation (GDPR) on May 25, 2018, the EU’s Supervisory Authorities have logged over 144,000 queries and complaints, 89,000 data breach notifications and a staggering 281,088 national and 446 cross-border cases.
-
08.13.2019Biometrics and the Law: How the CCPA Fits Into the Bigger Picture and Best Practices to Reduce Litigation RiskArticlesStates across the country are enacting or proposing legislation to regulate the collection, storage, use and disclosure of biometric data.
-
07.08.2019China and the US: Promoting and Regulating Artificial IntelligenceArticles
Daily Journal
In anticipation of the profound effect of artificial intelligence (AI) on the world economy, both China and the U.S. have stepped up efforts to promote and regulate the technology. -
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.
-
02.16.2018Legal Risks Attached to AI Technology are Far from ArtificialArticlesArtificial Intelligence (AI) refers to a machine's ability to simulate human intelligence to perform tasks like planning, decision-making, and recognizing objects or sounds. Its use is not always obvious, but AI is now present in nearly every aspect of our lives—from our "smart" home products to our medical care, jobs, and businesses.
-
04.16.2003Document Retention and Destruction Post-Arthur Andersen: What Can You Destroy?UpdatesOn October 16, 2002, the former Big Five accounting firm, Arthur Andersen, LLP, received the maximum criminal penalties - a $500,000 fine and five years' probation - for destruction of documents relating to its client, Enron. Why should this concern you? All companies must and do destroy documents.
Presentations
-
-
12.13.2023
-
06.07.2023Demystifying Washington State’s My Health, My Data ActWebinarsThe recently enacted My Health, My Data Act (MHMD) will regulate the collection, use, sharing, analysis, and sale of health-related data of individuals in Washington state and beyond.
-
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.
-
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.
-
01.14.2020
-
07.18.2019Is the Sky Falling?: Managing Enforcement Risk Under the California Consumer Privacy Act?WebinarsPerkins Coie’s CCPA Week
This webinar will address enforcement risks under the CCPA, and how to manage compliance obligations to minimize litigation risk. Our speakers are class action litigators actively consulting clients in CCPA compliance. The topics will include, among other things, a discussion about the various enforcement mechanisms, notice and operational strategies to minimize risk, third party contracts, and exceptions and defenses to CCPA claims. -
07.15.2019Biometrics and the Law: How the CCPA Fits Into the Bigger PictureWebinarsPerkins Coie’s CCPA Week
Collecting, using, or storing biometric data presents a host of litigation risks. This webinar will provide an overview of the status of biometrics laws in the U.S., the protections that the CCPA provides to California residents and insight into best practices to reduce litigation risk. -
Understanding the Legal Implications of Artificial Intelligence SeriesWebinars
For all of its benefits, AI also poses a wide range of legal and ethical risks. Our interdisciplinary team of AI, Machine Learning and Robotics practice attorneys discussed these issues in a series of webinars that will help you understand the business benefits and regulatory risks associated with enterprise AI integration and deployment.
-
Spring 2019Facing the Challenge: Biometrics & the LawClient Presentation
Co-Presenter
Multiple Cities in the United States -
05.13.2019The Brave New World of Cyber Breaches and Cyber LitigationSpeaking EngagementsModerator/Presenter
Association of Corporate Counsel Annual Conference / Edinburgh, Scotland -
04.25.2019Ethical Considerations in Data-Centric Business Models in the Connected, Autonomous RealmSpeaking EngagementsCo-presenter
Patent Law Institute 2019: Critical Issues & Best Practices / San Francisco, CA -
10.03.2018Emerging Legal Risks in the Areas of Artificial Intelligence and Automation – In-House and Outside Counsel Perspectives in an Age of Transformative ChangeSpeaking EngagementsThe Federal Bar Association of the Western District of Washington / Seattle, WA
-
07.03.2018A Practical Discussion of the Dizzying Array of Laws in the Artificial Intelligence IndustrySpeaking Engagements
-
06.26.2018
-
05.14.2018Emerging Issues in Artificial Intelligence and Machine LearningWebinarsThis webinar provides an overview of machine learning technology and dives into key terminology that will help you navigate through legal issues in artificial intelligence. Download a PDF version of this presentation.