By Kristine Argentine and Paul Yovanic Jr.

Throughout much of 2023, businesses found themselves in a challenging position as they continued to grapple with defending against Illinois Biometric Information Privacy (BIPA) class action lawsuits. The year began on a somber note with the Illinois Supreme Court delivering unfavorable decisions on two pivotal threshold matters. However, rays of hope emerged when

Continue Reading Privacy In Focus: BIPA’s Current Landscape and the Crucial Role of Statutory Exemptions

By Sara Eber Fowler, Gillian B. Lepore, Adam J. Rongo, and Joshua D. Seidman

What You Need To Know:

  • On November 9, 2023, the Chicago City Council passed a brand new “Chicago Paid Leave and Paid Sick and Safe Leave Ordinance” (the “Ordinance”). The Ordinance is effective December 31, 2023, and will replace the current Chicago Paid
Continue Reading If Pain (Or Anything Else), Yes Gain – Part 115: Chicago Enacts Novel Dual Paid Sick Leave / Paid Time Off Law

By Danielle Kays and James Nasiri

Seyfarth Synopsis: In February 2023, the Illinois Supreme Court issued a landmark opinion in Cothron v. White Castle finding that claims under the Illinois Biometric Information Privacy Act (“BIPA”) accrue each time a private entity scans or transmits an individual’s biometric data. (Seyfarth’s analysis of this decision can be found HERE.) Defendant

Continue Reading Illinois Supreme Court Upholds Per-Scan Damages for BIPA Claims

By Danielle Kays, Sarah Bauman, and James Nasiri

Seyfarth Synopsis: The Illinois Supreme Court issued its highly-anticipated decision in Tims v. Black Horse Carriers this week, ruling that a five-year statute of limitations applies to all claims under the Illinois Biometric Privacy Act (“BIPA”).  The Court’s decision (available here) answers a years-old question regarding the

Continue Reading BIPA Floodgates Remain Open: Illinois Supreme Court Rules Generous 5-Year Statute Of Limitations Applies To All Illinois Biometric Information Privacy Act Claims

By Tracy Billows, Sara Fowler, Ala Salameh, Josh Seidman, and Meg Toth

What You Need To Know:

  • The legislation would provide eligible Illinois employees with up to 12 weeks of leave in a 24-month period, to be used for time
  • Continue Reading Illinois Contemplates Paid Family Leave Insurance Program

    By David S. Wilson  and Catherine M. Dacre  

    Seyfarth Synopsis: On January 6, 2023, the U.S. Court of Appeals for the Seventh Circuit issued its opinion in Baro v. Lake County Federation of Teachers. The three-judge panel unanimously held that the Plaintiff’s mistaken agreement to join a labor union was not a violation of her First Amendment rights

    Continue Reading No Takebacks! Seventh Circuit Upholds Mistaken Union Membership

    By Gillian B. LeporeSara FowlerMegan P. TothTracy M. Billows, and Joshua D. Seidman

    Seyfarth Synopsis: A bill that would provide paid leave for all workers in Illinois is awaiting Governor Pritzker’s signature.  If signed into law, the bill would provide up to 40 hours of paid leave for eligible employees, effective January

    Continue Reading If Pain (Or Anything Else), Yes Gain—Part 104: Illinois to Become Third State to Enact Paid Leave Law

    By Danielle Kays and James Nasiri

    Seyfarth Synopsis: On October 17, 2022, the U.S. District Court for the Western District of Washington granted Microsoft’s motion for summary judgment on the plaintiffs’ unique class action claims in a case entitled Vance v. Microsoft Corp. The plaintiffs, and Illinois residents, uploaded several pictures of themselves to popular photo-sharing site Flickr, which then

    Continue Reading Washington Federal Court Awards Important BIPA Win

    By Danielle Kays and James Nasiri

    Seyfarth Synopsis: On September 22, 2022, the Illinois Supreme Court heard oral arguments in an Illinois Biometric Information Privacy Act (“BIPA”) case entitled Tims v. Black Horse Carriers, Inc.  Following an Illinois appellate court’s decision that a one-year limitations period applies to certain sections of the Act while a five-year period applies to other
    Continue Reading Illinois Supreme Court Hears Arguments on the Proper Limitations Period for BIPA Claims in Tims v. Black Horse Carriers

    By Adam R. YoungMelissa A. Ortega, and Craig B. Simonsen

    Seyfarth Synopsis: On October 28, 2021, an amendment to the Illinois Health Care Right of Conscience Act passed the Illinois General Assembly and made its way to Governor Pritzker’s desk. The amendment creates a COVID-19 carve-out, but it will not go into effect until June 1,
    Continue Reading A Swing and a Miss: Right to Conscience Objections to COVID-19 Vaccinations to Endure Until June 2022