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Law firms establish biometric privacy practice groups to focus on BIPA claims

Law firms establish biometric privacy practice groups to focus on BIPA claims

Hahn Loeser & Parks announced this week that it has established a Biometric Privacy Practice Group to focus on claims relating to the Illinois Biometric Information Privacy Act (BIPA) and the emergence of biometric privacy issues across the country. Partner Ian H. Fisher and Gillian G. Lindsay will represent employers, time and attendance technology companies, and other clients using and implementing biometric data with BIPA and privacy compliance and class-action defense.

Law firms are seeing an increase in this type of litigation following the January Illinois Supreme Court decision that drastically reduced the harm threshold required for an individual to bring suit under BIPA

“The creation of this new practice group is a response to our growing experience in this emerging area of law,” explained Hahn Loeser’s CEO and Managing Partner Marc J. Kessler. “Ian and his team are assisting clients in navigating cutting-edge issues in biometric privacy law and are well positioned to respond to the expanding legal needs in this area.”

“The use of biometric data will expand and grow in ways we cannot predict,” said Fisher. “We assist clients with implementing best practices for using biometric technology in their businesses; we reduce their potential risk.”

Lindsay added, “In the past two years, more than 200 class actions have been filed in Illinois, and that number will grow in response to this ruling. As companies integrate this type of emerging technology into their businesses, they need counsel who can help them navigate this new landscape.”

Hahn Loeser’s Biometric Privacy Practice Group will provide three primary areas of service to its clients: BIPA Client Counseling and Compliance, BIPA Class Action Defense, and BIPA Insurance.

Dykema Gossett has also announced the formation of its dedicated BIPA team. According to the announcement, Dykema’s team of attorneys, led by Cinthia Granados Motley, Director of the firm’s Global Data Privacy and Information Security practice group, has a wealth of experience in a variety of facets of data privacy and security risk management and litigation. The Dykema team includes members from various practice groups including Global Data Privacy and Information Security, Business and Commercial Litigation, and Labor and Employment.

The group has experience defending privacy consumer lawsuits brought against companies and their boards of directors and has successfully defended U.S. and multinational companies in the U.S. against data privacy and protection laws, both in trial and appellate courts.

Dykema also offers a compliance practice to assist clients as they navigate the data privacy and security regulatory landscape.

Last month Lewis Brisbois formed a new BIPA sub-practice within its Labor and Employment Practice and Shook, Hardy & Bacon added two new attorneys to defend clients against class actions alleging violations of the Illinois Biometric Information Privacy Act.

Between the precedence setting State Supreme Court ruling, and recent claims from an insurance company that it is not liable to cover BIPA damages, businesses operating in Illinois would be well advised to make sure they have met the law’s statutory requirements.

With biometric data privacy legislation being considered in Alaska, Arizona, Connecticut, Delaware, Florida, Massachusetts, Montana, New Hampshire, New York City and Washington, law firm Carlton Fields has offered up five tips for businesses related to the collection and use of biometric data.

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