Tag archives: class action

BIPA Year in Review: Where Are We Now and What’s Coming Next?

2022 has been a record year for Illinois Biometric Information Privacy Act (“BIPA”) litigation. Since its enactment in 2008, BIPA has been one of the most litigated privacy-related laws with some of the highest penalties. However, it wasn’t until last month that the first BIPA jury verdict was ever rendered.  The award, a whopping $228 … Continue reading

Illinois Supreme Court Rules that Compensation Act is not a bar to BIPA Damages

Cyber authorities sound the alarmIllinois’ Biometric Information Privacy Act (“BIPA”) is considered the most comprehensive law governing the processing of biometric data. Passed in 2008, BIPA sets out requirements for private entities, including employers, that collect, use, store, and share biometric information.  It’s also one of the most popular class action suits today – hundreds, if not thousands of … Continue reading

Settlement of Target Data Breach Consumer Class Action Is Derailed On Appeal

Data Protection Report - Norton Rose FulbrightThe Eighth Circuit Court of Appeals last week reversed the district court’s approval of a settlement and settlement class in the consolidated consumer class action arising from Target Corporation’s 2013 security incident.  This decision provided a new perspective on a persistent dilemma in the evolving law of data breaches:  how to handle data breach victims … Continue reading

Fourth Circuit Holds that CGL Policy Covers Data Breach Class Action

Data Protection Report - Norton Rose FulbrightOn April 11, 2016, the Fourth Circuit Court of Appeals upheld a ruling by the Eastern District of Virginia that two Commercial General Liability (“CGL”) insurance policies required an insurer cover the defense of a medical records company in a class-action claim relating to alleged failure to secure patients’ medical records.[1]… Continue reading

German law authorizing privacy “class actions” goes into force

Data Protection Report - Norton Rose FulbrightA new German law, which grants authority to the country’s consumer and business associations to enforce compliance with data protection laws, goes into force on February 24, 2016.  A representative of the German Ministry of Justice pointed out that the new enforcement powers are specifically aimed at foreign companies having their headquarters or operating from outside Germany, … Continue reading
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