In an eye-opening 4-3 decision issued on Friday, the Illinois Supreme Court ruled that a separate Biometric Information Privacy Act (“BIPA”) claim accrues “with every scan or transmission of biometric identifiers or biometric information without prior informed consent.” Cothron v. White Castle System, Inc., 2023 IL 128004 ¶ 45. The decision may have staggering consequences…

The Illinois Supreme Court has issued its highly anticipated ruling in Tims v. Black Horse Carriers, Inc., 2023 IL 127801, which expands the statute of limitations period for certain claims under the Biometric Information Privacy Act (BIPA) from one year to five years. The Court reversed in part a previous ruling by the appellate…

As seen from the recent release of the ChatGPT artificial intelligence (“AI”) tool, AI technologies have a major potential to transform society rapidly. However, the technologies also pose potential unique risks. Because AI risk management is a key component of responsible development and use of AI systems, the National Institute of Standards and Technology last…

Because the use of passwords alone is a relatively weak method to prove identity, enforcement agencies are ramping up pressure for companies to implement multi-factor authentication (MFA) both internally and to customers for online services. MFA makes it more difficult for cyber threat actors to gain access to networks and information systems if authentication information,…

The Ohio Supreme Court recently ruled that the “Electronic Equipment” endorsement of a property insurance policy does not provide coverage for a policyholder’s losses following a ransomware attack.  In EMOI Servs., LLC. v. Owners Ins. Co., 2022-Ohio-4649 (Ohio 2022), the Ohio Supreme Court reversed an appellate court’s decision which held, among other things, that there…

Last week, the Consumer Financial Protection Bureau (“CFPB”) took a significant step forward in enhancing consumer control over private financial data when it launched a rulemaking process under Section 1033 of the Dodd–Frank Wall Street Reform and Consumer Protection Act (“Section 1033”). Section 1033 requires the CFPB to implement a rule to allow consumers to…

On October 12, 2022, a jury returned a verdict against the defendant, BNSF Railway Company (“BNSF”), in the first trial in a class action asserting claims under the Illinois Biometric Information Privacy Act (“BIPA”).  Shortly thereafter, the Court entered a staggering judgment against BNSF in the amount of $228 million.  To the extent that companies…