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Another Chamber BIPA Brief Filed
The Illinois Chamber of Commerce and our friends at the US Chamber of Commerce have filed another BIPA amicus brief. This one is on the White Castle defendant’s motion for rehearing by the Supreme Court.
We agree with White Castle that the Court should reconsider its holding that a new BIPA claim accrues with each successive scan or disclosure of biometric data. In the alternative, we urge the Court to specify the standards that courts should apply in exercising their discretion to determine the appropriate amount of statutory damages.
Why now? The damages allowed under the original decision would be so devastating, a business death penalty, that the very few- if any- cases will be litigated to judgment. If not now, it may be years before the Court gets another chance to fix this.
Courts in other circumstances have exercised their discretion to reduce damages substantially when a literal application of statutory damages would lead to “shockingly large” results. In no world is $17 billion NOT shockingly large.
Thanks to our friends at Mayer Brown for their fantastic work on this brief.
You can read the full brief HERE.
Chamber BIPA Webinar
Sean Darke from Dykema will moderate the virtual panel discussion on “The Good, Bad, and Ugly of BIPA!” The panel will focus on recent developments in BIPA lawsuits and best practices to avoid being caught in the wave of lawsuits, which have typically resulted in outsized class settlements. As litigation continues to explode in BIPA, Dykema has assembled a panel to discuss the recent changes to BIPA and recent case law that continues to shape BIPA for companies and legislatures across the country. Concerning is that over 1,000 BIPA lawsuits involve every day workplace issues like time tracking and employee verification. Although we see the ugly in BIPA through litigation, this panel will discuss the positives of biometrics that have been lost during this litigation explosion and how companies should not shy away from using this amazing technology. The panel will also discuss the future of biometrics and the much needed BIPA reform. Join Sean Darke and panel members Abad Lopez from Dykema, Doug O’Gordon from Find Biometrics, and Jake Parker from The Security Industry Association as they explore the “Good, Bad, and Ugly of BIPA!”
Panel Discussion Will Include:
- 2022 case law that reshaped BIPA
- How companies can comply with BIPA to avoid exposure
- How to reform BIPA to work for employees, consumers, and companies
- BIPA and beyond, what does the future of BIPA look like….or should look like
- And More!
Tech Council Members are Free with the code: TECHMEMBER.
Registration: https://ilchamber.org/Event/49277/The-Good-Bad-and-Ugly-of-BIPA/event-details/
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