Gathering Employee Biometric Data: Regulatory Update, Employer Risks, Lessons Learned From Recent Settlements
A live 90-minute CLE video webinar with interactive Q&A
This CLE webinar will examine the current state of biometric privacy laws in the U.S. and how these are impacting employers. The panel will address applicable federal law and notable state/municipal regulations. The panel will also discuss lessons that can be learned from recent settlements and offer best practices for developing compliant company policies and procedures for gathering employee biometric data.
Outline
- Introduction
- Reasons for collecting employee biometric data
- Data collection methods
- Federal regulation
- FTC
- State and local regulation
- Illinois
- Texas
- Washington
- Colorado
- NYC
- Other
- Notable settlements
- Best practices for policy development
- Practitioner takeaways
Benefits
The panel will review these and other important issues:
- In what ways and for what purposes are employers using technology to gather employee biometric data?
- What is the status of federal protection related to using biometric data?
- What notable state and local biometric privacy laws are impacting employers?
- What are best practices for creating company policies and procedures governing the use of employee biometric data?
Faculty

Anna Mercado Clark
Partner, Data Privacy and Cybersecurity and e-Discovery Practice Teams Leader, Cryptocurrency and Blockchain Team Co-Leader
Phillips Lytle
Ms. Clark focuses on complex e-discovery and digital forensics, cybersecurity and data privacy, and complex commercial... | Read More
Ms. Clark focuses on complex e-discovery and digital forensics, cybersecurity and data privacy, and complex commercial litigation. As a former assistant district attorney, she also handles white collar criminal matters and investigations. Ms. Clark routinely counsels sophisticated clients on data governance issues to address business needs while minimizing risks and complying with a rapidly evolving regulatory landscape and other legal obligations. She has extensive experience advising businesses in the technology, consumer, health care and financial industries regarding information management and disposition policies, litigation readiness, data transfers, third-party/vendor negotiation and management relative to data administration, and disaster recovery and avoidance. As an experienced litigator, Ms. Clark is well positioned to identify and minimize litigation risks and assist with internal investigations, including managing digital forensic investigations. Additionally, Ms. Clark has successfully leveraged the latest technology, including AI and TAR, to streamline high-volume discovery, establish defensible document review workflows and minimize litigation costs. She regularly speaks at national and international conferences as a subject matter expert.
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Daniel R. Saeedi
Partner, Co-Lead Biometric Privacy Team
Blank Rome
Mr. Saeedi is a nationally renowned attorney in biometrics, class action litigation, privacy law, information security,... | Read More
Mr. Saeedi is a nationally renowned attorney in biometrics, class action litigation, privacy law, information security, trade secrets, and employment law, with groundbreaking wins in biometrics (BIPA), data privacy, and information security litigation and counseling. With a successful track record of first-chairing high-profile cases, he consistently delivers favorable outcomes for clients entangled in consumer and employee privacy disputes across various industries, including manufacturing, logistics, IT, gaming, marketing, healthcare, entertainment, and retail. Mr. Saeedi has experience in a variety of different technologies, including those relating to biometrics, artificial intelligence, and machine learning. He also represents clients nationwide in trade secret theft, non-competition agreements, and breaches of fiduciary duties, while advising businesses on best practices and policies for litigating unfair competition claims. Additionaly, Mr. Saeedi conducts complex internal investigations on intellectual property theft, computer fraud, and unfair competition issues. He is an active member of the Sedona Conference’s Working Groups 11 (Data Privacy) and 12 (Trade Secrets) and is a frequent speaker on privacy law, trade secrets matters, and class action litigation.
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Johner T. Wilson, III
Member
Epstein Becker & Green
A diverse lead trial attorney, Mr. Wilson helps his clients manage risks and minimize financial exposure in... | Read More
A diverse lead trial attorney, Mr. Wilson helps his clients manage risks and minimize financial exposure in arbitrations; in proceedings before various federal, state, and local administrative agencies; and in single, multiple, class, and collective plaintiff lawsuits filed in federal and state courts across the country involving a panoply of employment-related issues. He has represented clients in matters involving the Illinois Biometric Information Privacy Act, Title VII of the Civil Rights Act of 1964, the Americans with Disabilities Act, the Age Discrimination in Employment Act, the Federal Employers' Liability Act, the First Amendment, joint employers, Monell claims, official/police misconduct, OSHA violations, retaliation, wage and hour disputes, whistleblowing, and worker misclassification, among others. Mr. Wilson also conducts fast yet thorough internal investigations into alleged claims of misconduct in the workplace and provides trainings, workshops, and lectures on employment-related topics. Additionally, clients seek his practical advice and counseling on various complex business operations and employment initiatives, as well as cybersecurity and data privacy matters.
CloseEarly Discount (through 07/25/25)