NOTE FROM THE EDITORS Privacy class action litigation ranks near the top of the list of issues that keep corporate counsel up at night. The stakes in these cases are significant by any measure. The price tags attached to settlements of privacy class action lawsuits filed under the Illinois Biometric Information Privacy Act, 740 ILCS 14/15 (“BIPA”) over the past decade have exceeded the $1 billion threshold, and the first BIPA jury trial resulted in a verdict for roughly a quarter of that amount. In February 2023, the Illinois Supreme Court issued two consequential rulings for BIPA defendants. In the first, the Supreme Court set a five-year statute of limitations for BIPA claims and, in the second, it interpreted the BIPA to allow a claim to accrue with each scan or transmission of biometric information. Both decisions are highly favorable to plaintiffs. These rulings follow other plaintiff-friendly decisions from the Illinois Supreme Court, which negated preemption arguments under the Illinois Workers’ Compensation Act and jettisoned any requirement of actual harm. Together, they create a mosaic of decisions that make the defense of BIPA class actions a challenge for corporations. We expect 2024 will see even more privacy class actions filed in both Illinois and throughout the country. The stakes will continue to rise, and the plaintiffs’ class action bar will push the legal envelope in their aggressive pursuit of damages under privacy laws. The Duane Morris Privacy Class Action Review – 2024 is an essential desktop reference for corporate counsel and business decision-makers to identify privacy risks, implement strategies to mitigate those risks, and best understand the significant monetary exposure for organizations that fail to comply with evolving legal requirements. The Review examines the key court rulings that have shaped this high-stakes landscape and provides insight into how businesses can navigate privacy issues through a minefield of adverse rulings. Defense of class actions is a hallmark of the litigation practice at Duane Morris. We hope this book – manifesting the collective expertise of our class action defense group and over 70 years combined class action experience of our Editors – will be the “go to” desktop reference guide for corporate counsel and business decision-makers navigating privacy class actions.
Gerald L. Maatman, Jr.
Jennifer A. Riley
Alex W. Karasik
Editor
Editor
Editor
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© Duane Morris LLP 2024
Duane Morris Privacy Class Action Review – 2024
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