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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 In February 2023, the Illinois Supreme Court issued its decision…

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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Takeaways from the ICO’s draft guidance on biometric data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Oberly, Biometric Privacy & Data Privacy Attorney The UK Information Commissioner’s Office (“ICO”) recently published draft guidance…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…

 

Takeaways from Illinois Supreme Court decision on BIPA’s applicable statute of limitations

By David J. Oberly, Biometric Privacy & Data Privacy Attorney For years, litigants involved in Illinois Biometric Information Privacy Act…

 

Biometric privacy 2022 year-in-review

By David J. Oberly, Biometric Privacy & Data Privacy Attorney 2022 was another banner year for biometric privacy, with a…

 

BIPA choice-of-law dismissal provides key lessons

By David J. Oberly, Biometric Privacy & Data Privacy Attorney Utilizing a successful choice-of-law challenge, ProctorU, Inc. was recently able…

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