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 seeking clarity around whether the Illinois Workers' Compensation Act and certain federal laws pre-empt BIPA lawsuits. Mary and Josh also discuss the statute of limitations on filed claims, the sufficiency of written policies made available to the public that establish a retention schedule and guidelines for permanently destroying biometric identifiers, and the impact of previously established collective bargaining agreements. This episode will provide valuable information for businesses potentially subject to BIPA and defense attorneys around the country, as they seek to assess and mitigate risk, given that the tidal wave of litigation is expected to continue.
What is The BIPA Radar: A Lewis Brisbois Podcast?
Lewis Brisbois established the nation’s first BIPA (Illinois Biometric Information Privacy Act) Practice, and is at the cutting-edge of defense in the wave of high exposure class action litigation being brought against Illinois employers and other groups under the Act. Join our hosts Mary Smigielski and Josh Kantrow, co-chairs of this pioneer legal team, as they present “The BIPA Radar,” a podcast series that will address critical aspects of compliance, insurance coverage, and litigation moving forward.
Learn more about Lewis Brisbois’ BIPA Practice here: https://lewisbrisbois.com/practices/bipa-illinois-biometric-information-privacy-act