Photo of Litigation Blog Veronica A. Bowen vabowen@smsm.com
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Veronica A. Bowen is an associate attorney, in the firm’s Chicago office, focusing her practice in toxic tort, intellectual property matters and employment litigation …

Showing 3 posts by Veronica A. Bowen.

A Win for Policyholders Seeking Coverage in a BIPA Class Action Suit

As practitioners across the state are well aware, Illinois has become a hotbed for litigation concerning the protection of biometric information, as companies of all shapes and sizes have found themselves defendants in lawsuits seeking to recover for alleged violations of Illinois’ Biometric Information Privacy Act (“BIPA”). Naturally, the availability of insurance coverage in these cases has become an equally compelling legal issue. The recent $36 million settlement of the class action BIPA lawsuit, Rosenbach v. Six Flags Entertainment Corporation, highlights the importance of insurance coverage in this area.  More »

CUBI: Everything You Need to Know About Texas' Biometric Law and Beyond...

As companies continue to take advantage of developing technologies involving the use of biometric information, it is crucial that businesses and legal practitioners alike stay informed of the legal and compliance concerns associated with the use of such information. For instance, companies conducting business in Texas should be aware of Capture of Use of Biometric Identifiers Act (“CUBI”) (Tex. Bus. & Com. Code §503.001). Passed in 2009, CUBI regulates biometric identifiers that are used for a “commercial purpose.” While “commercial purpose” is not itself defined by CUBI and Texas courts have yet to meaningfully interpret that phrase, Texas courts have construed the term “commercial purpose” broadly, in other contexts when no definition is available (see e.g., Texas’ Product Liability Act, Tex. Bus. & Com. Code §503.001, et al.).  CUBI related concerns have created a buzz around employers’ use of kiosks and other devices for contact-tracing and other reasons, as practitioners believe that any collection of biometric identifiers for this purpose will likely fall within CUBI’s restrictions.  Importantly, while CUBI does not itself authorize a private cause of action, the Texas Attorney General is empowered to pursue violators who are subject to a penalty of up to $25,000 per violation. More »

Illinois Appellate Court Eliminates Key Defense to BIPA Claims

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On September 18, 2020, the Fifth District Appellate Court in Illinois unanimously held that the exclusivity provision of Illinois’ Workers Compensation Act does not bar employees’ statutory damages claims for violation of Illinois’ biometric privacy law.[1]  The Fifth District’s ruling has eliminated a key defense advanced by employers defending against alleged violations of the Illinois Biometric Information Privacy Act (“BIPA”).[2]

In 2017, plaintiff Marquita McDonald filed a class action lawsuit against her employer Symphony Bronzeville, Park, LLC.  Plaintiff alleged that the defendant-employer required its employees to provide biometric information by scanning fingerprints into a fingerprint-based time clock system.  The lawsuit alleged that the employer violated BIPA by: (1) failing to inform employees in advance and in writing of the specific purpose and length of time for which their fingerprints were being collected, stored, and used; (2) failing to provide a publicly available retention schedule and guidelines for permanently destroying the scanned fingerprints; and (3) failing to obtain a written release from employers prior to collecting their fingerprints.  More »

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