The BIPA Radar: A Lewis Brisbois Podcast

In Episode 8 of The BIPA Radar, co-hosts Mary and Josh discuss a notable Illinois Supreme Court decision relating to the scope of the Illinois Biometric Information Privacy Act (BIPA). In Mosby v. Ingalls Memorial Hospital , the court unanimously decided that BIPA’s health care exemption extends to all biometric information collected, used, or stored for treatment, payment, and operations, and is...

In Episode 7 of The BIPA Radar, our co-hosts Mary and Josh dive into an eventful summer for the BIPA litigation landscape, as the number of class action lawsuits concerning the Act continues to skyrocket. The Illinois Supreme Court recently denied national restaurant chain White Castle’s petition for rehearing in Cothron v. White Castle , a case which dominated headlines in February when the court...

Mary and Josh are excited to welcome insurance attorney George Manos to The BIPA Radar! George is a Partner in Lewis Brisbois’ Chicago office, and has focused his practice on insurance coverage claims and disputes throughout the country. In Episode 6, George breaks down insurance ramifications from the hotly anticipated Illinois Supreme Court decisions in Cothron v. White Castle Systems and Tims v...

In Episode 5 of The BIPA Radar, Josh and Mary discuss the Illinois Supreme Court's recent opinions in Cothron v. White Castle Systems , which held that a separate claim accrues under BIPA each and every time a private entity collects or discloses a biometric identifier or information. They also dive into  Tims v. Black Horse Carriers , which held that a 5 year statute of limitations applies to all...

On the heels of two major Illinois Supreme Court decisions in February, this episode of The BIPA Radar dives into the rising wave of class action cases as a result of the Act, and how these cases have been litigated and settled. Mary and Josh break down last year's decision in the first BIPA case ever tried, which resulted in a $228 million judgment against one of the nation’s largest railway comp...

In this episode of The BIPA Radar, Mary and Josh break down common preconceived notions why companies of all sizes might believe, sometimes mistakenly, that they are exempt from BIPA, including that they: (1) operate outside of Illinois (2) do not actually collect biometric data. Mary and Josh also examine prior cases that businesses can look to for guidance, such as workplace time clocks that uti...

In Episode 2 of The BIPA Radar, co-hosts Mary and Josh break down key Illinois Supreme Court and Seventh Circuit cases involving defenses raised to BIPA litigation, including Rosenbach v. Six Flags, McDonald v. Symphony Bronzeville Park, Cothron v. White Castle, Tims v. Black Horse Carriers, Miller v. Southwest Airlines Co, and Fernandez v. Carey . This conversation provides insights for employers...

In Episode 1 of The BIPA Radar, Mary and Josh discuss what biometrics are, how their collection and storage has been handled in the past, and the origins of the Illinois Biometric Information Privacy Act. In the past five years, there has been a rapid rise of BIPA related lawsuits, and companies that do business in Illinois need to comply with a number of requirements, including notifying employee...