Today, the Illinois Supreme Court issued a long-awaited and highly-anticipated decision in Tims v. Black Horse Carriers, Inc., which is sure to have a long-term ripple effect on litigation under the Illinois Biometric Information Privacy Act (“BIPA”) going forward. With
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Are BIPA Claims a Runaway Train? Defendant Hit With $228 Million Federal Jury Verdict in Rogers v. BNSF Railway
On Wednesday, a federal jury broke new ground for lawsuits alleging violations of the Illinois Biometric Information Privacy Act (BIPA). Rogers v. BNSF Railway Co. is the first BIPA class action to go to trial in Illinois, and after only
Another Brick in the Wall: California’s Age-appropriate Design Code Act
School is in session and companies are preparing for the slew of new data privacy laws taking effect through 2023 into 2024 but California piled on more homework for those companies handling data of minors. On September 15, 2022, California
CCPA/CPRA Set To Cover Employee, Job Applicant, and Business Personal Information: A Trap for the Unwary?
Effective January 1, 2023, companies subject to the California Consumer Privacy Act (“CCPA”) will face heightened compliance requirements when collecting personal information about their workers, business partners, and job applicants. The partial moratoriums in the CCPA that had applied to
Cyberattack Reporting Requirements Included in Spending Deal
Note: This story featuring commentary from Dykema’s Cinthia Granados Motley was originally published by Bloomberg Gov.
- Critical infrastructure industries would have to report hacks
- Spending deal heading for House vote later on Wednesday
By Maria Curi | March 9,
BIPA Lives On: Illinois Supreme Court Rejects Common Employer Defense of Workers’ Comp Preemption
The Illinois Supreme Court unanimously ruled on Thursday that the Illinois Biometric Information Privacy Act (BIPA) is not preempted by the Illinois Workers’ Compensation Act (IWCA).
This decision clears the way for employees to pursue BIPA statutory damages ($1,000 for
Cybercriminals Finding Success In Targeting New Industries
It has been impossible to ignore the constant spam of news articles detailing the epidemic of malicious attempts at data disruption and theft. While the cybersecurity risks of ransomware, malicious data extraction, and business e-mail compromise have been top of
An Enhanced Standard of Commercial Reasonableness for Security Procedures? The FFIEC Updates Its Authentication Guidance for Internet-Based Financial Services
On August 11, 2021, the Federal Financial Institutions Examination Council (the “FFIEC”) issued new guidance on risk management principles for access to and authentication of electronic funds transfers for the first time in over a decade, titled Authentication and Access to Financial
FTC Launches Investigation Into Facebook, Twitter, and Other Social Media Sites
The Federal Trade Commission’s increased activity in the data security arena continues, as the FTC has ordered nine social media and video streaming companies—including Facebook, Twitter, TikTok, and Reddit—to provide data on their data privacy practices. The orders seek to
Cyber Actors Hit K-12 Distance Learning Efforts With Ransomware and Phishing Attacks
The FBI, the Cybersecurity and Infrastructure Security Agency (CISA), and the Multi-State Information Sharing and Analysis Center (MS-ISAC) have issued a joint warning that malicious cyber actors are targeting kindergarten through twelfth-grade (K-12) educational institutions. These actors are initiating ransomware