Biometrics continue to be a hot issue and one primed for litigation and related liabilities. We in the Privacy and Data Security Practice are happy to share this upcoming Taft webinar, which will include a discussion on BIPA class action risks. Join our colleagues from Taft’s Litigation Practice on April 15th.
Time: 12 p.m. – 1:15 p.m. EST
Register HERE.
The webinar will cover the below topics.
The ABCs of Class Actions
Class actions represent high-stakes litigation for corporations and their lawyers. That’s why it’s critical to have a firm grasp of the fundamentals – namely, Rule 23. This session will focus on the key elements for achieving and defeating class certification.
“Forever Chemicals” and Consumer Class Actions: An Emerging Trend in PFAS Litigation
2025 has brought a new wave of litigation involving “forever chemicals,” also known as PFAS (per- and poly-fluoroalkyl substances). While litigation in this area has often involved either personal injury claims or claims concerning damage to natural resources and municipal water systems, a growing trend of class actions is emerging, implicating consumer protection laws.
Illinois’ Biometric Information Privacy Act (BIPA) is the most robust and dangerous biometric privacy legislation in the country. Plaintiff’s firms have filed thousands of class actions arising from biometric timeclocks and facial recognition software to virtual sunglass try-on technology and truck driver dash cams. Violations are strict liability and permit recovery for each class member of $1,000 per negligent/unintentional violation or $5,000 per reckless/intentional violation, leading to potentially billions of dollars in exposure. The case law is quickly evolving, driven by a recent amendment and a few key court decisions. Don’t let your company get named in a potentially ruinous BIPA class action!
Arbitration and Class Action Waivers
Under the Supreme Court’s decisions in AT&T Mobility v. Concepcion and Stolt-Nielsen S.A. v. AnimalFeeds Int’l., agreements to arbitrate are presumed to require arbitration on an individual basis unless the agreement expressly permits class arbitration. As a result, arbitration clauses can be an effective tool to avoid a potential class action. This session will look at the potential benefits and pitfalls of incorporating arbitration clauses into your form agreements and the best practices for doing so.
Let’s Talk About Ascertainability. Is it an Element of Certification or Not?
The concept of ascertainability requires a plaintiff to show that class members are identifiable. After all, it certainly helps to know who falls into whatever class the named plaintiff wants to represent. But, as we all know, ascertainability is not an express requirement of Rule 23. Recognizing this, courts have mostly held that there is no heightened requirement to ascertain class members before a class is certified. A growing number of courts are breaking away from the majority and are requiring a feasible way to find out who is and who is not in the proposed class. This short segment examines this circuit split over this important concept.
Pending approval for Arizona, Colorado, Illinois, Indiana, Kentucky, Minnesota, and Ohio CLE credits.