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    1. Home
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    4. Cybersecurity & Privacy
    5. Biometric Information Privacy Act (BIPA)Cybersecurity & Privacy

    Biometric Information Privacy Act

    Helping you understand evolving laws and regulations on biometric information 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 / Leader, Medical Device, Pharmaceuticals and Diagnostic Health
      • Chicago
      • Office:312.977.4460
        Mobile:708.606.8720
      • jtruskusky@nixonpeabody.com
      John Ruskusky
    • Richard H. Tilghman IV

      Partner
      • Chicago
      • Office:312.977.4881
      • rhtilghman@nixonpeabody.com
      Richard H. Tilghman IV
    • Laura B. Bacon

      Partner / Co-Leader, Non-Compete & Trade Secrets
      • Chicago
      • Office:312.977.4403
      • lbbacon@nixonpeabody.com
      Laura B. Bacon
    • Jenny L. Holmes

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

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

      Associate
      • Chicago
      • Office:312.977.4407
      • tpnguyen@nixonpeabody.com
      Tammy P. Nguyen
    See Full Team

    Insights And Happenings

    • Alert

      Illinois Supreme Court: Certain BIPA claims accrue with each collection or disclosure

      Feb 17, 2023
    • Alert

      Illinois’ High Court issues seminal decision on BIPA statute of limitations

      Feb 3, 2023
    • Press Release

      Nixon Peabody selects Jason Kravitz to lead its Privacy & Technology practice

      Feb 24, 2022

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