The Evolving Judicial and Regulatory Landscape of Biometrics Litigation
Biometric data collection and usage are the newest targets of privacy litigation. As companies increasingly turn to biometric technology for customer and employee identification, transaction and data security and myriad other uses, litigation has followed. The first wave of class action lawsuits have been brought under the Illinois Biometric Information Privacy Act (BIPA), against social media giants such as Facebook, Shutterfly, Google, and Snapchat, for allegedly using facial geometry recognition software without consent in violation of BIPA. As plaintiffs’ counsel widen their focus outside the tech industry, employers, healthcare companies, childcare facilities, banks and other users of biometric data may also be vulnerable. The growth in biometrics class actions is expected to continue. Indeed, the novelty of the issues surrounding biometrics virtually guarantees an influx of litigation.
Companies across all industries cannot afford to ignore the risks associated with the use of biometric data given the changing and uncertain regulatory and judicial landscape. Prudent companies will undertake a careful evaluation of their data policies and the types of biometric information they collect and use based on an understanding of the laws and legal risks.
In this two-hour LIVE Webcast, a panel of distinguished professionals and thought leaders organized by The Knowledge Group will help organizations using biometrics better understand the fundamental aspects of this significant topic. They will provide an in-depth discussion of Biometrics Litigation’s Judicial and Regulatory Landscape. Speakers will also offer best practices in developing and implementing an effective data policy to ensure compliance with applicable laws.
Key topics include:
- Illinois’ Biometric Information Privacy Act – An Overview
- Other Laws and Regulations Governing Biometrics
- Notable Biometrics Class Actions
- Litigation Trend Outlook
- Regulatory Forecast
- Best Compliance and Risk Mitigation Practices
Kamran Salour, Counsel
Akin Gump Strauss Hauer & Feld LLP
- The effect of Spokeo on BIPA class actions.
- Proposed amendments to BIPA and their potential impact on class actions.
- “Best practices” for defending BIPA class actions.
- Analysis of proposed biometric privacy statutes in other states and their susceptibility to class actions.
- Overview and analysis of judicial interpretation of BIPA to date, and the resulting uncertain legal landscape.
Bethany Lobo, Attorney
- Overview of Illinois Biometrics Information Privacy Act
- Survey of pending class actions: types of defendants and technologies facing lawsuits (e.g., Facebook, Shutterfly, Snapchat, Smarte Carte, etc.)
- Key issues presented in pending class action litigation: choice-of-law, Article III standing, statutory standing, Dormant Commerce Clause.
- If a fourth topic is needed: other pending biometrics legislation
Brad Andreozzi, Partner
Drinker Biddle & Reath LLP
Kathryn E. Deal, Partner
Drinker Biddle & Reath LLP
- Growth of biometrics applications across industries
- Is biometrics the best way to ensure security? Risks v. benefits of biometrics usage.
- Changing and uncertain legal and regulatory landscape – potential for complex web of differing requirements and the status of legislative developments
- BIPA and class action liability – statutory requirements, penalties, and early challenges to applicability and scope
- Strategies for defending biometrics class actions
- Strategies for compliance and risk mitigation
Adam Schwartz, Senior Staff Attorney
Electronic Frontier Foundation
- The ways that commercial use of biometric information intrude upon consumer privacy.
- The ways that laws like those in Texas and Illinois protect consumers from this privacy intrusion.
- The legal controversy regarding whether the Illinois law (BIPA) applies to facial recognition technology.
- The legal controversy regarding whether consumers bringing BIPA lawsuits have suffered a sufficiently concrete injury to establish Article III standing under /Spokeo/.
- The efforts earlier this year to amend BIPA.
Who Should Attend:
- Data and Privacy Lawyers
- Corporate CEOs
- Risk Management Officers
- Chief Security Officers
- Data and Privacy Officers
- Other Related/Interested Professionals
Kamran Salour is a member of Akin Gump’s litigation; cybersecurity, privacy and data protection; and reputational recovery practice groups. He is a Certified Privacy Professional (CIPP/US) with the International Association of Privacy Professionals.
Mr. Salour serves successfully as litigation counsel for businesses and high-net-worth individuals in complex commercial litigation disputes frequently involving breach of contract, fraud, tortious interference, and unfair competition claims.
Mr. Salour’s experience extends to cybersecurity, privacy, and data protection matters. He advises on cybersecurity compliance and defends companies against claims of violating popular privacy statutes, such as the TCPA and the VPPA.
Mr. Salour also lends advice to businesses and individuals to minimize the reputational impact that allegations of false or fraudulent conduct have on day-to-day business operations and individuals. Combined with his cybersecurity, privacy, and data protection experience, Mr. Salour is positioned uniquely to mitigate the legal and reputational repercussions stemming from allegations of data breaches and privacy statute violations.
Kamran Salour is a member of Akin Gump’s litigation; cybersecurity, privacy and data protection; and reputational recovery practice groups. He …
Bethany Lobo focuses her practice on class action defense and privacy counseling, with particular emphasis on cyberprivacy, data breach, biometrics, eCommerce, and other Internet law issues. She has notable experience assisting leading social media and other technology companies in addressing privacy issues giving rise to litigation exposure.
Ms. Lobo is a former law clerk to the Hon. Consuelo Callahan of the U.S. Court of Appeals for the Ninth Circuit and to the Hon. James Ware (Ret.) of the U.S. District Court for the Northern District of California, where her clerkships emphasized privacy, data breach, and intellectual property issues, among others. Ms. Lobo received her J.D. cum laude from Harvard Law School, where she served on the staff of the Harvard Journal of Law & Technology and as a research assistant to Professor Jonathan Zittrain focused on privacy and Internet law issues.
Bethany Lobo focuses her practice on class action defense and privacy counseling, with particular emphasis on cyberprivacy, data breach, biometrics, …
Adam Schwartz is a Senior Staff Attorney at the Electronic Frontier Foundation. Adam works to ensure that new technologies expand instead of shrink our privacy, freedom of speech, and other civil liberties. For example, Adam lobbies in favor of laws that protect our biometric privacy from facial recognition technologies. Before joining EFF, Adam worked as a Senior Staff Attorney at the American Civil Liberties Union of Illinois. Adam graduated in 1995 from the Howard University School of Law, and served as a law clerk to Judge Betty B. Fletcher of the U.S. Court of Appeals for the Ninth Circuit. Please feel free to email Adam at firstname.lastname@example.org.
Adam Schwartz is a Senior Staff Attorney at the Electronic Frontier Foundation. Adam works to ensure that new technologies expand …
Bradley J. Andreozzi represents clients in complex high-stakes civil litigation, including class action trials and appeals. Brad has represented clients in virtually every federal appellate court, including the Supreme Court, and in trial courts throughout the country. He defends clients in class actions under various federal and state securities, consumer protection and privacy laws, including the coordinated defense of multi-district litigation and parallel proceedings involving both private suits and government investigations. Brad’s experience includes defending large-exposure cases brought under the Telephone Consumer Protection Act (TCPA) and state false advertising statutes. Brad also counsels clients on compliance and risk mitigation strategies. He has led the defense of consumer class actions in industries such as retail, pharmaceuticals, and insurance; defend issuers and tender offer targets in shareholder class actions under the securities laws; conduct internal investigations; advise on SEC and other government investigations; and representing professional athletes and athletic governing bodies in high-profile international sports arbitrations in England, Switzerland, Monaco and Greece as well as the United States.
Bradley J. Andreozzi represents clients in complex high-stakes civil litigation, including class action trials and appeals. Brad has represented clients in …
Kathryn E. Deal defends clients at complex civil trials and in class action litigation. At jury trials, bench trials, and arbitration hearings, Kate has successfully represented corporate clients in the pharmaceutical, investment banking, manufacturing, and retail industries on a variety of claims, including securities fraud, products liability, unlawful discrimination, unfair trade practices, and trademark infringement. Kate also regularly defends clients in putative class actions and has experience managing concurrent class, mass, and individual proceedings in a national counsel role. Her class action experience includes defending claims under consumer protection statutes, privacy laws, anti-discrimination legislation, and federal and state RICO statutes. She has published articles on the privacy and security concerns emerging alongside the rise of biometric technology.
Kathryn E. Deal defends clients at complex civil trials and in class action litigation. At jury trials, bench trials, and arbitration …
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