Jason Rosenthal, chair of the firm’s Commercial Litigation group, spoke with Law360 about the Illinois Supreme Court’s long-awaited decision that employees may file Biometric Information Privacy Act (BIPA) claims each time their companies or employers unlawfully collect their data, instead of just the first time.
The court also clarified that damages awarded under BIPA are discretionary, not mandatory, which Rosenthal saw as a “… helpful sign and signaling that courts can and perhaps should exercise restraint and caution in awarding damages for violations of the act.”