Susan Lorenc, Drew Moore, James Shreve and Ryan Gehbauer authored an article for the Illinois State Bar Association’s Labor & Employment Law News titled, "BIPA Litigation Update: Cothron’s Impact and Employer BIPA Defense Affirmed," published in the July edition.
In the article, the Thompson Coburn team discussed the mixed results in the Illinois Supreme Court's recent rulings on BIPA claims. In Cothron v. White Castle System, the court expanded BIPA liability by ruling that each biometric scan is a separate violation, potentially increasing liabilities for employers. This led to a surge in BIPA filings. In Walton v. Roosevelt University, the court upheld a union agreement that preempted BIPA claims from proceeding in state court. These rulings have significant implications for employers facing BIPA claims.
NOTICE.
Although we would like to hear from you, we cannot represent you until we know that
doing so will not create a conflict of interest. Also, we cannot treat unsolicited
information as confidential. Accordingly, please do not send us any information
about any matter that may involve you until you receive a written statement from
us that we represent you (an ‘engagement letter’).
By clicking the ‘ACCEPT’ button, you agree that we may review any information you transmit to us. You recognize that our review of your information, even if you submitted it in a good faith effort to retain us, and, further, even if you consider it confidential, does not preclude us from representing another client directly adverse to you, even in a matter where that information could and will be used against you. Please click the ‘ACCEPT’ button if you understand and accept the foregoing statement and wish to proceed.