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Bio-shocked: In Illinois, workers’ comp not exclusive remedy for claims involving employee biometrics

Employers beware: A recent holding out of Illinois has determined that employees may sue employers who collect and/or disclose employees’ biometric data. On Feb. 3, 2022, the Illinois Supreme Court issued a significant decision in McDonald v. Symphony Bronzeville Park, LLC, et al., impacting current and  future claims against employers involving the Illinois Biometric Information Privacy Act … Continue Reading

Two new opinions address personal jurisdiction and standing under BIPA

Two recent district court opinions addressed issues of personal jurisdiction and standing under the Illinois Biometric Information Privacy Act (BIPA). BIPA imposes a number of requirements on those who obtain a person’s biometric data, including those set forth in Section 15(a), requiring those in possession of biometric data to develop a publicly available written policy … Continue Reading

Seventh Circuit’s procedural ruling under Illinois Biometric Information Privacy Act may affect substantive rights of parties

On April 24, 2020, the U.S. Court of Appeals for the Seventh Circuit held in Bryant v. Compass Group USA, Inc. that plaintiffs lack standing to assert in federal courts claims arising under Section 15(a) of the Illinois Biometric Information Privacy Act (BIPA) for failing to develop a publicly available policy for the retention and … Continue Reading
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