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BIPA Pending Cases Updates
The Illinois Supreme Court heard oral argument for September 22 at 9 a.m. CT in the Tims v. BlackHorse Carriers BIPA class action. I watched online so you don’t have to. Legal counsel for Tims argued for a 5-year statute of limitations. BlackHorse hoping for a 1-year statute of limitation relied heavily on plain language- at one point reading the dictionary definition of the word “for”. This was my first time observing Justice White and I was impressed with her pointed questioning.
The Tims appeal will decide whether the statute of limitations for BIPA claims is one year or five years. Generally, the Illinois Supreme Court takes 4.5–5 months following oral argument to issue an opinion, which would be January/February 2022, or perhaps earlier given the importance of the issue. Many BIPA cases are stayed pending the outcome of Tims and Cothron.
Possible Opinion Dates for Cothron v. White Castle BIPA class action. The Illinois Supreme Court has announced that it anticipates filing opinions on October 6 and October 20. Cothron v. White Castle is one of the four cases remaining on the Court’s advisement docket and we are optimistic that the opinion will issue on one of these two anticipated opinion dates. Cothron will resolve the question of when BIPA claims accrue and was briefed and argued by Shook. I was honored to be their guest to watch the arguments.
Fingers crossed on the outcome as a favorable decision for defendants could have far-reaching implications. Depending upon the outcome of Cothron, we may see a significant number of cases either be dismissed or become active.
$2.5 Billion Data Center Planned for Former United Airlines Headquarters
A new $2.5 billion dollar data center is set to launch in 2024 at the former United Airlines headquarters in Mount Prospect.
CloudHQ officials told the Chicago Tribune that the 1.5 million square foot facility, which spans 3 buildings, will create 3000 construction jobs and 300 permanent jobs in operations, maintenance and security. The first building will be completed in 2024, the remaining two buildings in the next 3 to 5 years based on demand. The company will generate more than $1 million a year to the village in electric use tax.
This project is just another example that economic environment is paramount and that companies, like people, respond to incentives.
DoIT Releases Sheltered Market Solicitations for Technology Services
On Monday, DoIT announced three sheltered market opportunities for certified vendors in the Business Enterprise Program (BEP).
As referenced in the General Notice that was posted to BidBuy in February 2022, the TOPS program is seeking proposals for a wide range of services associated with planning and implementing DoIT’s technology portfolio in four categories: (1) Infrastructure & Operations, (2) Applications (3) Cybersecurity, Data, Service Management, and (4) Architecture & Platform. The first three categories are limited to proposals from BEP vendors. Awards will be made to a primary, secondary, and tertiary vendor for each soliciation.
The solicitations are currently published in BidBuy, the state’s eProcurement system (https://www.bidbuy.illinois.gov/bso/), and can be found by searching the bid numbers below:
• Infrastructure & Operations: 23-448DOIT-ADMIN-B-32223
• Applications: 23-448DOIT-ADMIN-B-32269
• Cybersecurity, Data, Service Management: 23-448DOIT-ADMIN-B-31804
Interested vendors will have in-person and virtual opportunities to attend an optional pre-bid session to gather more information in early October. Additional details and timelines can be found within each solicitation.
Sheltered markets are a procurement procedure provided for in state law that set aside certain contracts for businesses owned and operated by minorities, females, and persons with disabilities on a competitive bid or negotiated basis.
As we heard in our last meeting, increasing supplier diversity remains a major priority for both the department and Rep. Robinson.
Other Legislative Updates
As a reminder, the General Assembly has released the schedule for veto session. Lawmakers will be back in Springfield Tuesday, November 15 -November 17 as well as November 29-December 1.
View and download the veto calendar here.
Lawmakers have been informed to keep January 4-10 open on their calendars for possible lame duck session dates.
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