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Every Scan You Make: The Illinois Supreme Court Rules BIPA Claims Accrue With Each Biometric Data Collection or Disclosure

By Debra R. Bernard, Calvin Cohen, Sara Davey, Bradley Dlatt & Mylan Traylor on February 27, 2023
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The Illinois Supreme Court recently opened the floodgates for class actions under the Illinois Biometric Information Privacy Act and created potentially massive and catastrophic exposure for Illinois businesses. In a close 4-3 ruling, the landmark decision in Latrina Cothron v. White Castle System Inc. holds that every individual scan or transmission of biometric data made without the proper disclosures amounts to a separate violation of BIPA.

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Photo of Debra R. Bernard Debra R. Bernard

Debra Bernard focuses on class action defense of claims under the Illinois Biometric Information Privacy Act (BIPA), the Telephone Consumer Protection Act (TCPA), and other consumer and privacy claims, as well as other areas of commercial litigation.

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Photo of Calvin Cohen Calvin Cohen

Calvin Cohen counsels clients on compliance with privacy laws and regulations, and represents clients in privacy-related regulatory enforcement actions and litigation matters.

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Photo of Sara Davey Sara Davey

Sara Whaley (Davey) helps clients navigate a diverse range of labor and employment law issues, from preventative counseling and policy development to defending clients at the federal, state, and administrative level.

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Photo of Bradley Dlatt Bradley Dlatt

Bradley Dlatt counsels corporations on complex insurance coverage matters, including analyzing insurance policies and assisting with policy placement and renewals. Bradley has represented corporate policyholders in insurance coverage disputes concerning, among other areas, directors and officers liability, government investigations, toxic tort liability, antitrust…

Bradley Dlatt counsels corporations on complex insurance coverage matters, including analyzing insurance policies and assisting with policy placement and renewals. Bradley has represented corporate policyholders in insurance coverage disputes concerning, among other areas, directors and officers liability, government investigations, toxic tort liability, antitrust litigation, environmental liability, data breach and cyber liability, commercial property damage, business interruption, employment practices liability, employee theft and dishonesty and intellectual property liability.

In addition, Bradley has experience in preparing case strategy, performing legal analysis, building factual records, managing document productions and privilege logs, engaging in written discovery, deposing fact and expert witnesses, preparing expert reports, briefing dispositive motions, settlement negotiations and drafting of settlement agreements and appellate briefing.

In his pro bono practice, Bradley has obtained a grant of asylum for an undocumented mother and child who fled to the United States after being threatened by gang violence in their home country and successfully prosecuted and settled a civil rights claim on behalf of an incarcerated offender.

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Photo of Mylan Traylor Mylan Traylor

Mylan Traylor is an associate in the firm’s Privacy & Data Security practice. Mylan has experience drafting winning dispositive motions, discovery and procedural motions, complaints, and third-party subpoenas in state and federal court. Mylan also has extensive electronic and written discovery experience and…

Mylan Traylor is an associate in the firm’s Privacy & Data Security practice. Mylan has experience drafting winning dispositive motions, discovery and procedural motions, complaints, and third-party subpoenas in state and federal court. Mylan also has extensive electronic and written discovery experience and is familiar with multiple e-discovery platforms.

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  • Posted in:
    Class Action & Mass Torts, Privacy and Cybersecurity
  • Blog:
    Perkins on Privacy
  • Organization:
    Perkins Coie LLP
  • Article: View Original Source

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