Tuesday, February 9, 2021
Highlights from this issue include:
Supreme Court grants cert in securities class action to address whether the
Basic presumption of class-wide reliance can be rebutted based on the generic nature of the alleged representation and that the statement had no price impact.
Massachusetts appellate court emphasizes that evidence is required to support class certification, even under state law.
District court in the Second Circuit holds that
Daubert analysis must be conducted at the class certification stage.
Third Circuit holds that the failure to register tires under federal law is not enough to confer standing.
Seventh Circuit holds that violations of the data retention and destruction requirements of the Biometric Information Privacy Act are sufficient for standing.
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Enacted in 2008, the Illinois Biometric Information Privacy Act, 740 ILCS 14 et seq. (the “BIPA”), went largely unnoticed until a few years ago when a handful of cases sparked a flood of class action litigation over the collection, use, storage, and disclosure of biometric information. Seeing thousands of class action lawsuits, organizations have reevaluated and redoubled their compliance efforts. On January 28, 2021, a complaint was filed in Cook County, IL,
Melvin v. Sequencing, LLC, alleging violations of the Illinois Genetic Information Privacy Act, 410 ILCS 513/1 – the “GIPA”…try not to get confused… which was originally effective in 1998.
Monday, February 8, 2021
Enacted in 2008, the Illinois Biometric Information Privacy Act, 740 ILCS 14 et seq. (the “BIPA”), went largely unnoticed until a few years ago when a handful of cases sparked a flood of class action litigation over the collection, use, storage, and disclosure of biometric information. Seeing thousands of class action lawsuits, organizations have reevaluated and redoubled their compliance efforts. On January 28, 2021, a complaint was filed in Cook County, IL,
Melvin v. Sequencing, LLC, alleging violations of the Illinois Genetic Information Privacy Act, 410 ILCS 513/1 – the “GIPA”…try not to get confused… which was originally effective in 1998.
Will the GIPA follow the BIPA?
Thursday, February 4, 2021
Welcome to Vedder Price’s inaugural edition of the BIPA Bellwether. As with our TCPA Turnstile, we intend for the BIPA Bellwether to serve as a periodic report on latest developments.
Last week, the Supreme Court of Illinois issued an order that likely will clarify when Illinois Biometric Information Privacy Act (“BIPA”), 740 ILCS 14
et seq., claims may be asserted in the employment context. This order comes at a time when BIPA cases are surging and Illinois appellate court decisions interpreting the act are scarce. As a result, the Court’s order and the decision that will follow signal a potential avenue for dismissal that may provide much needed guidance for BIPA litigants.