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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.
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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.