BIPA, Privacy Litigation, and Facebook Class Action Settlement: Creating Data Retention Policies and Opt-In Clauses
A live 90-minute CLE video webinar with interactive Q&A
This CLE webinar will provide corporate counsel with guidance on the current state of the law and mitigating the risk associated with litigation like In re Facebook Biometric Information Privacy Litigation. The $650 million Facebook and other recent settlements have an immediate impact on technology and other companies that retain biometric data, particularly photographs, and these settlements provide guidance regarding the collection, use, safeguarding, handling, storage, retention, and destruction of such biometric data. The panel will discuss best practices to mitigate future risk, including developing a data retention policy and opt-in program.
- Overview of BIPA and data concerns
- Recent decisions on BIPA
- Six Flags
- Best practices
The panel will review these and other key issues:
- How do claims alleging breach of privacy under BIPA differ from claims about data breaches?
- What constitutes a "violation" under BIPA?
- What does the Facebook settlement mean for other online companies' use of biometric data?
- What are best practices for using biometric data by national and international companies?
David T. Biderman
Mr. Biderman focuses his practice on mass tort litigation and consumer class actions. He heads the firm's Mass... | Read More
Mr. Biderman focuses his practice on mass tort litigation and consumer class actions. He heads the firm's Mass Tort/Toxic Tort Defense group and has represented a wide variety of companies in state and federal courts in California for 30 years. On consumer class actions, Mr. Biderman represents packaged food companies, coffee companies, dairy companies, footwear companies and others whose nutritional or health claims have been challenged. He speaks and writes regularly on class action issues.Close
Ada W. Dolph
With 17 years of experience as a labor and employment litigator with Seyfarth Shaw, Ms. Dolph is an advisor to clients... | Read More
With 17 years of experience as a labor and employment litigator with Seyfarth Shaw, Ms. Dolph is an advisor to clients in the airline, retail, healthcare and manufacturing industries. Her practice focuses on advice and counsel and innovative litigation involving complex procedural defenses, including preemption of state law claims under ERISA, Railway Labor Act, Airline Deregulation Act, Federal Aviation Act, and the Servicemembers' Group Life Insurance Act (SGLIA); Article III and statutory standing; statute of limitations; and administrative exhaustion requirements, among others; Illinois Biometric Information Privacy Act (BIPA) claims, prevailing as lead counsel in the first BIPA case to be heard by the U.S. Court of Appeals for the Seventh Circuit; whistleblower claims under state law, AIR21, Dodd-Frank and Sarbanes-Oxley; discrimination claims in state and federal jurisdictions across the country, including under Title VII, ADA, Section 1981, and the ADEA, and their state law counterparts, including systemic actions brought by the EEOC; ERISA single, multi-plaintiff and class action matters involving denial of health, disability, life, pension and 401(k) benefits, including defense of high profile “stock drop,” retiree medical and 401(k fee class actions.Close
Mary A. Smigielski
Lewis Brisbois Bisgaard & Smith
Ms. Smigielski is head of the firm’s Labor & Employment Practice in Chicago, and co-chair of the firm’s... | Read More
Ms. Smigielski is head of the firm’s Labor & Employment Practice in Chicago, and co-chair of the firm’s Illinois Biometric Information Privacy Act (BIPA) practice group. She handles class/collective actions and single-plaintiff employment litigation, administrative charges, nationwide counseling, training, and sensitive workplace investigations, including at the C-Suite level. Ms. Smigielski partners with all levels of leadership to achieve complex business objectives, define, assess and control legal risk, and implement workplace policies and best practices. She routinely represents employers in state and federal courts, and she has appeared in courts across the U.S. in individual, class, collective and multi-district litigation as well as mediations and arbitrations. Ms. Smigielski has been on the cutting-edge of the defense of class action litigation brought against employers and others under BIPA. She works closely with national insurance carriers and private clients for defense, compliance and mitigation of risk related to BIPA. Ms. Smigielski spent nearly a decade as in-house employment and business counsel for a multinational, Fortune 50 company with responsibility for over 100,000 employees.Close