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    4. Biometric Information Privacy Act (BIPA)

      Practices

    Biometric Information Privacy Act

    Our team of cybersecurity and data privacy attorneys can help you understand evolving laws and regulations on biometric information and biometric data (BIPA law), and how they apply to your business.

    /Overview

    More businesses are gathering biometric information—including optical scans, facial recognition, and voiceprints—while legislators and regulatory agencies race to keep up.

    Nixon Peabody’s Cybersecurity and Privacy attorneys track updates to the laws governing biometric information, following its evolution from a high-tech curiosity to an integral part of daily operations. We counsel companies as they update and optimize their policies to ensure compliance and reduce litigation risks. Several states and cities have passed laws addressing biometric technologies, and similar legislation has been proposed across the country. We have helped clients in litigation, as well as proactive compliance. Our team has defended numerous clients in putative class actions alleging violations of BIPA, and have successfully resolved BIPA cases pre-suit. On the compliance front, we advise clients on regulatory risks, and help update their policies to ensure they stay within the bounds of the law.

    /Representative experience

    • Lead litigation counsel for more than 10 companies spread among various industries defending against claims relating BIPA. In one circuit court case, we successfully argued that the accrual date for BIPA purposes was the first date that the challenged device was used, not each subsequent use, which resulted in the dismissal of the plaintiff’s claims.

    Our Team

    See Full Team
    • John Ruskusky

      Partner / Practice Group Leader, Complex Disputes
      • Chicago
      • Office:+1 312.977.4460
        Mobile:+1 708.606.8720
      • jtruskusky@nixonpeabody.com
      John Ruskusky
    • Jenny L. Holmes

      Partner / Deputy Leader, Cybersecurity & Privacy
      • Rochester
      • Office:+1 585.263.1494
      • jholmes@nixonpeabody.com
      Jenny L. Holmes
    • Katherine F. Letcher

      Counsel
      • Chicago
      • Office:+1 312.977.4472
      • kletcher@nixonpeabody.com
      Katherine F. Letcher
    • Tammy P. Nguyen

      Associate
      • Chicago
      • Office:+1 312.977.4407
      • tpnguyen@nixonpeabody.com
      Tammy P. Nguyen
    • Bruce E. Copeland

      Partner
      • San Francisco
      • Office:+1 415.984.8253
      • bcopeland@nixonpeabody.com
      Bruce E. Copeland
    See Full Team

    Insights And Happenings

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    • Alert

      Two courts find that BIPA Reform Bill applies to previously filed cases

      Nov 15, 2024
    • Alert

      BIPA Reform Bill addressing One-Time Claim Accrual and Electronic Signature passes Illinois Legislature

      May 20, 2024
    • Article

      What is the right to privacy?

      Sep 15, 2023
    View All

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