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BIPA Update: Illinois Limits Liability and Clarifies Electronic Consent for Biometric Data Collection

By Brett M. Doran, Tiffany S. Fordyce, Jena M. Valdetero & Zachary A. Pestine on August 14, 2024
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On Aug. 2, 2024, Illinois Gov. J.B. Pritzker signed SB 2979 into law, amending BIPA in two ways: significantly limiting potential damages and updating the Act’s definition of “written release” to include an “electronic signature.”

Link to Continue reading the full GT Alert. Continue reading the full GT Alert.

Photo of Brett M. Doran Brett M. Doran

Brett Doran focuses his practice on class action defense and privacy litigation in federal and state courts, arbitration, and enforcement actions. He defends clients in consumer and product liability litigation, including class actions, and matters involving the Illinois Biometric Information Privacy Act (BIPA)…

Brett Doran focuses his practice on class action defense and privacy litigation in federal and state courts, arbitration, and enforcement actions. He defends clients in consumer and product liability litigation, including class actions, and matters involving the Illinois Biometric Information Privacy Act (BIPA), the Telephone Consumer Protection Act (TCPA) and other federal and state laws.

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Photo of Tiffany S. Fordyce Tiffany S. Fordyce

Tiffany S. Fordyce concentrates her practice on commercial litigation, with an emphasis on labor and employment. She is Chair of the Chicago Labor & Employment Practice and Co-Chair of the firm’s Labor & Employment Practice’s Diversity, Equity & Inclusion Group. Her employment litigation…

Tiffany S. Fordyce concentrates her practice on commercial litigation, with an emphasis on labor and employment. She is Chair of the Chicago Labor & Employment Practice and Co-Chair of the firm’s Labor & Employment Practice’s Diversity, Equity & Inclusion Group. Her employment litigation practice includes all types of discrimination and retaliation claims, wage and hour claims, trade secret misappropriation claims, whistleblower claims, restrictive covenants, Fair Credit Reporting Act claims, Illinois Biometric Information Privacy Act (BIPA) claims and WARN Act claims. She defends single plaintiff, class action and collective action employment cases. Tiffany represents employers in federal, state and administrative courts, as well as before administrative agencies.

In addition to litigation, Tiffany also presents group and one-on-one employment training seminars. She advises clients on how to avoid litigation by counseling on employment related matters such as managing leave policies, responding to employee performance issues, national and local reductions in force, handbooks, BIPA compliance, drug testing policies, employment and consulting agreements, severance packages, social media policies, proper employee classification, and non-competition and separation agreements. She also is frequently called upon to conduct investigations and audit human resources practices and protocols, including as it relates to pay equity, whistleblower, harassment and discrimination complaints.

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Photo of Jena M. Valdetero Jena M. Valdetero

Jena M. Valdetero serves as Co-Chair of the firm’s U.S. Data Privacy and Cybersecurity Practice, and is a trusted advisor to clients facing complex and high-stakes data privacy and security challenges. With a track record of leading thousands of data breach investigations for…

Jena M. Valdetero serves as Co-Chair of the firm’s U.S. Data Privacy and Cybersecurity Practice, and is a trusted advisor to clients facing complex and high-stakes data privacy and security challenges. With a track record of leading thousands of data breach investigations for more than 20 years, Jena combines her broad litigation experience with a deep understanding of the evolving privacy landscape to protect her clients’ interests. She is highly skilled in defending companies in privacy and data breach litigation, particularly class actions, and is proactive in helping clients prepare for incidents by designing and facilitating customized tabletop exercises.

Jena offers practical, results-driven counsel on data privacy and security compliance programs and guides clients through privacy and cyber risk considerations in mergers, acquisitions, venture capital, and securities transactions. Her experience spans a wide range of privacy laws, including the General Data Protection Regulation (GDPR), the California Consumer Privacy Act (CCPA), the Gramm Leach Bliley Act (GLBA), and the Health Insurance Portability and Accountability Act (HIPAA). Certified as a privacy professional through the International Association of Privacy Professionals (CIPP/US),  Jena provides clients with actionable insights on both current and emerging privacy regulations. She previously served as KnowledgeNet Co-Chair for the International Association of Privacy Professionals, further reflecting her leadership in the field. Jena is a founding board member of the Chicago Compassion Project, a nonprofit supporting low-income families in Chicago.

Jena has been recognized by Chambers USA as a leading privacy and data security lawyer, with clients praising her “very deep knowledge of subject matter” and calling her “extremely responsive and business-minded.” She is trusted for her “great strategic advice” and practical approach to complex data privacy issues, with one client saying, “I’d unequivocally recommend her to anybody with any kind of privacy or data breach concerns.”

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Photo of Zachary A. Pestine Zachary A. Pestine

Zac Pestine concentrates his practice on employment litigation and counseling. He possesses wide-ranging experience in various forms of federal, state, and local employment laws, frequently working within the commercial litigation context. Zac advises on complex trade secret matters as well as nuanced employment…

Zac Pestine concentrates his practice on employment litigation and counseling. He possesses wide-ranging experience in various forms of federal, state, and local employment laws, frequently working within the commercial litigation context. Zac advises on complex trade secret matters as well as nuanced employment discrimination suits. Zac has taken plaintiff’s and expert’s depositions in civil rights suits.

Within his employment law practice, he routinely handles cases relating to the Americans with Disabilities Act (ADA), Title VII, the Illinois Whistleblower Act, retaliatory discharge, wrongful termination claims, and more. He also reviews and drafts internal company documents for compliance purposes.

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  • Posted in:
    Privacy and Cybersecurity
  • Blog:
    GT L&E Blog
  • Organization:
    Greenberg Traurig, LLP
  • Article: View Original Source

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