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Kate Letcher is counsel in Nixon Peabody’s Complex Commercial Disputes practice group. She is a courtroom lawyer who represents individuals and entities in a wide variety of matters, including business disputes and healthcare litigation.

Aug 18, 2022

Aug 17, 2023

Aug 15, 2024

On Tuesday, the Illinois Appellate Court, First District, followed a series of federal opinions in holding that claims under the Illinois Biometric Information Privacy Act (BIPA) are preempted by the Labor Management Relations Act (LMRA).

Feb 23, 2022

Following its expected signature by Governor Pritzker, Senate Bill 2979 amends the Illinois Biometric Information Privacy Act (BIPA) and limits statutory damages. What’s the impact? The BIPA Reform Bill defines “electronic signature” as an electronic sound, symbol, or process attached to or logically associated with a record and executed or adopted by a person with the intent to sign the record. The Court’s majority encouraged the Illinois Legislature to “review these policy concerns and make clear its intent regarding the assessment of damages under the Act.”

May 20, 2024

In a 4–3 split, the Illinois Supreme Court ruled that under sections 15(b) and 15(d) of BIPA, claims accrue each time a private entity collects or discloses an individual’s biometric information. What’s the impact? Court confirms that BIPA damages are discretionary—not mandatory—and that equitable grounds exist to limit damages Thus, businesses that have complied with BIPA prior to being sued or shortly after being sued have additional arguments to limit damage The court encouraged the Illinois legislature to clarify the assessment of damages under the Act

Feb 17, 2023

The Illinois Supreme Court ruled that a five-year limitations period governs all claims under BIPA. What’s the impact? BIPA does not include a statute of limitations within the statutory text. This ruling clarifies that BIPA suits must be filed within five years. Numerous BIPA cases across Illinois are stayed pending resolution of this case. These stays will likely be lifted in the near future and defendants now have clearer guidance on the applicable statute of limitations.

Feb 3, 2023

Amazon sued (again) for alleged violations of NYC Biometric Privacy Law — here’s what businesses can learn. What’s the impact? New York City has its own local biometric privacy law—the Biometric Identifier Information Law. In addition to regulatory enforcement, the law gives private parties a right of action, see N.Y.C. Admin. Code § 22-1203, for claims against commercial establishments, including statutory damages per violation ranging from $500 to $5,000.

March 23, 2023

The Seventh Circuit’s take on the latest BIPA question provides some insight into how the issue of accrual timing might eventually be resolved. What’s the Impact? The Seventh Circuit’s analysis provides some insight into how the issue might eventually be resolved by the Illinois Supreme Court Regardless of how the Illinois Supreme Court decides the issue of accrual for BIPA claims under Section 15(b) and (d), the outcome will impact pending and future of BIPA litigation

Dec 22, 2021