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Articles By David Oberly

David J. Oberly is Of Counsel in the Washington, D.C. office of Baker Donelson, and a member of the firm’s Biometric Privacy, Artificial Intelligence, and Data Protection, Privacy & Cybersecurity practices. Recognized as “one of the nation’s foremost thought leaders in the biometric privacy space” by LexisNexis, David’s practice focuses on counseling and advising clients on a wide range of biometric privacy, artificial intelligence, and data privacy/security compliance and risk management matters. In addition, David has deep experience in litigating bet-the-company BIPA class action disputes. He is also the author of Biometric Data Privacy Compliance & Best Practices—the first and only full-length treatise of its kind to provide a comprehensive compendium of biometric privacy law. He can be reached at doberly@bakerdonelson.com. You can follow David on X at @DavidJOberly.

By David J. Oberly, Biometric Privacy & Data Privacy Attorney On May 31, 2024, Colorado Governor Jared Polis signed into…

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Google’s BIPA extraterritoriality dismissal provides key lessons

By David J. Oberly, Biometric Privacy & Data Privacy Attorney Utilizing a successful extraterritoriality challenge, Google was recently able to…

 

Takeaways from recent Meta BIPA decision: What companies need to know

By David J. Oberly, Biometric Privacy & Data Privacy Attorney Recently, a California federal court issued a notable decision in…

 

BIPA defendant ordered to produce per-scan damages data

By David J. Oberly, Biometric Privacy & Data Privacy Attorney In February 2023, the Illinois Supreme Court issued its decision…

 

Illinois Supreme Court holds BIPA health care exemption applies to employees

By David J. Oberly, Biometric Privacy & Data Privacy Attorney On November 30, 2023, the Illinois Supreme Court issued an…

 

Strategies for defending against the newest BIPA class action threat: Mass arbitration

By David J. Oberly, Biometric Privacy & Data Privacy Attorney For years, arbitration has offered businesses a lower-cost alternative to…

 

Takeaways from the ICO’s draft guidance on biometric data

By David J. Oberly, Biometric Privacy & Data Privacy Attorney The UK Information Commissioner’s Office (“ICO”) recently published draft guidance…

 

Key takeaways from recent BIPA biometric technology vendor decision

Despite the lack of a direct relationship with end users of their technology—making compliance obligations such as providing notice and…

 

Analyzing the impact of the BIPA claim accrual decision

By David J. Oberly, Biometric Privacy & Data Privacy Attorney On February 17, 2023, the Illinois Supreme Court definitively resolved…

 

Lessons learned from recent BIPA third-party vendor decision

By David J. Oberly, Biometric Privacy & Data Privacy Attorney On the heels of the Illinois Supreme Court’s opinion in…

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