Photo of Litigation Blog Joseph L. Kish jkish@smsm.com
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Joseph L. Kish is a Shareholder in Segal McCambridge's Chicago office and serves as Co-Chair of the firm's Technology and Cyber Risk Practice Group. Having joined the firm in …

Showing 4 posts by Joseph L. Kish.

CYBER RISK CLIENT ALERT: Supreme Court Remands Google Settlement - Might Resolve Existing Circuit Splits On Proving Actual Harm

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On March 19, 2019, the United States Supreme Court remanded a privacy class action settlement back to the Ninth Circuit Court of Appeals to address whether the class members can plausibly claim to have suffered concrete harm. This ruling serves as the latest hurdle for plaintiffs in cybersecurity litigation to establish standing to sue companies for data breaches and unauthorized data sharing. More »

CYBER RISK CLIENT ALERT: Actual Harm is not Necessary Under BIPA

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Recently, the Illinois Supreme Court resolved contradictory rulings from lower courts regarding standing under the Illinois Biometric Information Privacy Act (“BIPA”), 740 ILCS § 14/5 (West 2016). The likely result of this ruling was that there will be increased litigation under BIPA.

In Rosenbach v. Six Flags Entertainment Corp., 2017 IL App (2d) 170317, the Illinois Supreme Court held that an individual is not required to show actual harm; establishing a technical violation of under BIPA is sufficient to be “aggrieved” and allow a plaintiff to seek remedial measures. More »

Illinois Appellate Court Concludes that Actual Harm is not Required under Biometric Information Privacy Act

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An Illinois appellate court’s recent opinion may very well open the flood gates for litigation arising out of alleged violations of the Illinois Biometric Information Privacy Act (“BIPA”) by eliminating the need to allege actual harm to have standing to sue. Sekura v. Krishna Schaumburg Tan, Inc., 2018 IL App (1st) 180175. More »

CYBER RISK CLIENT ALERT: What Companies can Learn from Uber’s Recent $148 Million Settlement

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On September 26, 2018, Uber Technologies, Inc. (Uber) reached a joint settlement with all 50 states and Washington, D.C.’s attorney generals to pay a record breaking $148 million for its 2016 data breach and subsequent cover-up. More »

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