Photo of Litigation Blog Rachel Laurel rlaurel@smsm.com
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Rachel Laurel is an associate attorney in the firm's Chicago office concentrating her practice on toxic tort litigation. She has experience working through the various …

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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 »

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