Privacy Litigation – Emerging Trends

Featured Publication:

Illinois BIPA Reform 2024 – Back Where We Started or Moving Forward? [Alert]

Erin Bolan Hines and Melissa Siebert discuss the Illinois Senate passing the first significant BIPA amendment (SB 2979) and how it may affect ongoing litigation.


The privacy landscape is dynamic. Class action litigation increasingly centers on individual privacy issues in an array of environments, including employment, consumer interactions and tracking, and technology products and services. The award winning Emerging Data Privacy Trends practice has handled over 150 privacy-based class actions, including cases that implicate cutting edge technology and novel theories regarding the capture, use, protection, and disclosure of personal data. We are at the forefront of cutting-edge privacy law.  The practice is known for anticipating litigation trends, working closely with clients to anticipate the next waves of privacy litigation and proactively address them. The practice also handles individual and mass arbitration matters asserting privacy claims, and has successfully compelled arbitration where strategically advisable to clients.

The Biometric Privacy Team is the national leader in biometric privacy law. The team has defended more class action lawsuits under the Illinois Biometric Information Privacy Act (BIPA) than any other group in the country and are leading the appellate strategy for BIPA in Illinois. In addition to BIPA, the team regularly and successfully represents clients in suits brought under the Video Privacy Protection Act, rights of publicity statutes in California and Illinois, under various state privacy laws, and claims related to the use of technology, including pixels and session replay, on consumer-facing websites. Additionally, the team handles complex ransomware/data breach litigation. 

Our team has extensive experience where privacy intersects with technological advancements. We have an outstanding record of success shutting down threatened or filed claims early, navigating and limiting discovery, prevailing on the merits, and opposing class certification. Our deep knowledge of the nuances of federal and state privacy laws and our extensive experience strategically defending these actions in jurisdictions across the country have made our team the “go to” lawyers for leading companies in privacy actions.

Compliance is a key focus of our practice. We have designed and assisted our clients in implementing “in app” and embedded compliance in a variety of contexts, including automotive, retail, and technology based solutions. We work hand-in-hand with our clients to devise and implement compliance measures related to state privacy laws, and closely track ongoing legislative efforts regarding biometric privacy. We work with the firm's nationally preeminent State AG Practice Group and the firm's government relations group Cozen O'Connor Public Strategies to ensure our clients are getting up-to-date guidance in this ever-changing area. 

Our team advocates on behalf of leading industry groups before the courts and the government on privacy-related issues. We also work closely with business associations to address reform of privacy laws, curtail class action abuse and support consumer arbitration programs.

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Illinois BIPA Reform 2024 – Back Where We Started or Moving Forward? [Alert]

April 19, 2024

Erin Bolan Hines and Melissa Siebert discuss the Illinois Senate passing the first significant BIPA amendment (SB 2979) and how it may affect ongoing litigation.

European Parliament Passes the EU AI Act [Alert]

March 19, 2024

The world officially has its first comprehensive set of major regulations specifically targeting artificial intelligence. The European Union’s AI Act was passed by the European Parliament on March 13th, 2024.

A Big Win For BIPA's Health Care Exclusion [Alert]

December 01, 2023

Erin Bolan Hines and Melissa Siebert discuss the Illinois Supreme Court in Mosby v. Ingalls Memorial Hospital, et al., and Mazya v. Northwestern Memorial Health.

Analyzing 2023's New State Privacy Laws: Oregon and Delaware Join the Strictest Tier

July 12, 2023

Meghan Stoppel provides commentary in Cybersecurity Law Report on Oregon and Delaware’s new privacy laws including compliance implications and enforcement impacts.

BIPA Reform Bill Introduced in Illinois Senate [Alert]

May 19, 2023

On Friday, May 19, the Illinois Senate submitted a BIPA reform bill as part of HB3811.

Biometrics Update: Class Plaintiffs Have 5 Years to Bring Claims Under Illinois’s BIPA [Alert]

February 06, 2023

Max Kaplan discusses the Supreme Court of Illinois's decision in Tims v. Black Horse Carriers, Inc., ruling that BIPA is subject to the five-year, catch-all statute of limitations.

How Private Is Your Digital Vaccine Record? [Bloomberg Law]

January 07, 2022

Emma Lombard co-authored an article for Bloomberg Law discussing how vaccine records on mobile phones and digital apps can be easily compromised.

Events & Seminars

Past Events

Recent Trends in Employee Privacy Litigation

November 09, 2023 - Seattle, WA

Data Privacy in the Employment Context

June 21, 2023 - Webinar

Data Privacy Litigation Update

June 01, 2023 - Philadelphia, PA

In The News

Leading Lawyers Network Recognizes 19 Cozen O’Connor Lawyers as Top Illinois Practitioners

March 05, 2024

Ira Bodenstein, Jack Carriglio, Janet Davis, John Dunn, Mitch Edlund, Wendy Enerson, Gary Gassman, Tia Ghattas, Jeremy Glenn, Erin Bolan Hines, Mark Rabinowitz, Peter Roberts, Brian Shaw, Joseph Tilson, Julie Trester, Peter Valeta, Anna Wermuth, and Brian Williams were recognized as Leading Lawyers, Christina Sanfelippo was recognized as an Emerging Lawyer.

7 Things to Include in a Workplace Generative AI Policy

November 13, 2023

Janice Sued Agresti and Erin Bolan Hines were quoted in an HRDive article discussing items that human resource professionals should include in an employer’s generative AI policy.

Cozen O’Connor Adds Two of the Country’s Leading Data Privacy Litigators to its Commercial Litigation Practice Group

March 06, 2023

Melissa A. Siebert and Erin Bolan Hines — data privacy litigators with renowned track records of successfully defending employers and technology enterprises entangled in major data privacy class actions and appellate cases — to its award-winning Commercial Litigation Practice Group.

Technology, Privacy & Data Security Practice Launches Cyber Law Monitor Podcast

November 01, 2022

The Cyber Law Monitor podcast from Cozen O’Connor’s Technology, Privacy & Data Security practice group covers emerging trends, developments, and best practices.


Melissa Siebert

Chair, Emerging Data Privacy Trends

(312) 474-4491

Erin Bolan Hines

Vice Chair, Emerging Data Privacy Trends

(312) 474-4490

Andrew Baer

Chair, Technology, Privacy & Data Security

(215) 665-2185

Frank Pugliese


(212) 883-2234


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