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Illinois’ Biometric Information Privacy Act (“BIPA”) regulates companies that obtain, use, store, sell, and disclose the biometric data of Illinois residents.  Companies that fall under BIPA must provide notice to and receive consent from Illinois residents before obtaining their biometric data, and must take reasonable care that the biometric data remains secure.  In addition, BIPA includes a private right of action, and if a regulated company fails to comply with its provisions, statutory damages can be as high as $5,000 for each violation.  BIPA litigation is active in Illinois State Court and in Federal Courts across the United States.

A sticking point for litigants has been the statute of limitations for a party to bring a BIPA claim.  BIPA does not include its own statute of limitations.  Generally speaking, plaintiffs have argued that a longer limitations period applies, such as the five-year limitations period under section 13-205 of Illinois’ Code of Civil Procedure.  And generally speaking, defendants have argued that a shorter limitations period applies, like the one-year period under section 13-201 of the Code of Civil Procedure.…

Continue Reading A Statute of Limitations for BIPA Claims? We May be One Step Closer

Please join us for an investigations-focused webinar series where our team of litigators, former prosecutors, and regulatory attorneys will discuss useful strategies for navigating a government probe or ensuring compliance with regulations and corporate policies. Our presenters will provide companies with critical information for navigating commercial risk and enforcement. This webinar series covers broad-reaching investigations…

Crowell & Moring’s E-Discovery and Information Management (EDIM) group is pleased to announce the introduction of “CMD,” an integrated E‐Discovery solution. CMD provides access to cutting-edge analytics, processing and hosting technology, AI-driven workflows combined with our Chambers-rated legal advocacy, consulting, review and professional services to accelerate and improve data analysis.

Please click here to read…

The Virginia Consumer Data Protection Act (CDPA) has become the next major U.S. state privacy law, after being signed into law by Virginia Governor Ralph Northam on Tuesday, March 2, 2021. The new law amends Title 59.1 of the Code of Virginia with a new chapter 52 (creating Code of Virginia sections 59.1-571 through 59.1-581).…

More than 300,000 companies within the Defense Department’s supply chain will need to meet new Cybersecurity Maturity Model Certification (CMMC) requirements and pass a third-party assessment to ensure they are adequately protecting sensitive information on their networks. Now, Crowell & Moring has become the first AmLaw 100 firm to achieve Registered Provider Organization (RPO) status…

On August 14, 2020, California Attorney General Xavier Becerra released final implementing regulations for the California Consumer Privacy Act (CCPA). The CCPA became enforceable on July 1, 2020, and Becerra’s office submitted a final proposed draft of the regulations to the California Office of Administrative Law (OAL) on June 1, 2020. The Proposed Regulations have…

On April 20, 2020, the Supreme Court granted cert in Van Buren v. United States, to resolve an important circuit split over the meaning of “authorized access” under the Computer Fraud and Abuse Act (CFAA). This is the Court’s first foray into analyzing the precise contours of CFAA liability. Van Buren may have far-reaching…

Crowell & Moring has released its Regulatory Forecast 2020: What Corporate Counsel Need to Know for the Coming Year, a report that explores the impact of regulatory changes on the technology industry and other sectors, and provides insight into thehouse counsel can expect to face in the coming year.

For 2020, the Forecast highlights…

Crowell & Moring has released Litigation Forecast 2020: What Corporate Counsel Need to Know for the Coming Year. The eighth-annual Forecast provides forward-looking insights from leading Crowell & Moring lawyers to help legal departments anticipate and respond to challenges that might arise in the year ahead.

For 2020, the Forecast focuses on how the …