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Recent Decisions Clarify Scope of Illinois Biometric Privacy Law
Companies that collect, store, and use biometric data of their employees and consumers are justifiably concerned about running afoul of the Illinois Biometric Information Privacy Act (BIPA). The statute, which imposes written consent and data retention requirements, is the only one of its kind to provide a private right of action, allowing recovery of $1,000 per violation ($5,000 if reckless or intentional), plus attorneys' fees. The statute has become a favorite tool of plaintiffs' attorneys, who have filed hundreds of putative class action lawsuits over the last few years.
The stream of BIPA suits filed each week remains steady, and multi-million dollar settlements have become commonplace. For users of biometric information subject to BIPA's rigorous requirements, the last two years have brought mostly bad news, most notably a smattering of unfavorable decisions on the question of whether plaintiffs must suffer an injury in order to avail themselves of BIPA.
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Bit Parts
Summary Judgment Denied Defendant in Declaratory Action by Producer of To Kill a Mockingbird Broadway Play Seeking Amateur Theatrical Rights
Risks of “Baseball Arbitration” in Resolving Real Estate Disputes
“Baseball arbitration” refers to the process used in Major League Baseball in which if an eligible player's representative and the club ownership cannot reach a compensation agreement through negotiation, each party enters a final submission and during a formal hearing each side — player and management — presents its case and then the designated panel of arbitrators chooses one of the salary bids with no other result being allowed. This method has become increasingly popular even beyond the sport of baseball.