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    Oct. 23, 2024

Aftermath of the Ninth Circuit BIPA Liability Shake‑Up in Zellmer v. Meta

Prospective defendants in Illinois Biometric Information Privacy Act (BIPA) cases might rest a little easier following a recent Ninth Circuit Court of Appeals decision finding that biometric identifiers must actually identify someone to be covered under the statute. District courts in the Seventh Circuit, however, have not agreed, setting up a potential circuit split on the issue. With insights from partners at Blank Rome, Bradley Arant Boult Cummings and Locke Lord, this article examines the Zellmer v. Meta Platforms, Inc. decision and its implications, including in the context of other decisions and a recent BIPA amendment, and offers practical BIPA compliance lessons. See “Progress? Recent Rulings Are One Step Forward, Two Steps Back for BIPA Defendants” (Feb. 7, 2024).

Emerging Issues in Workplace Privacy: Data Collected and Employees’ Perspectives

Companies have an increasing range of technological tools at their disposal to monitor employee behaviors. For all the opportunities such tools may bring, the collection of employee data raises risks, including employee resentment and scrutiny from regulators. Counsel from the California Privacy Protection Agency, Sidley Austin and Center for Democracy & Technology recently delved into workplace monitoring trends and issues at IAPP’s Privacy.Security.Risk. 2024 conference. This first article in a two-part series distilling their insights covers the types of employee data companies are collecting and how and why they collect it, as well as employees’ concerns and how to navigate them. Part two will address the law and regulatory efforts relevant to employee monitoring as well as best practices and compliance strategies companies should consider when collecting employee data. See “Checklist for Addressing Employee Data Rights Requests” (Jul. 26, 2023).

Answers to Six Key Questions About How Enforcers View Gatekeepers

The SEC and DOJ often speak about their commitment to holding individuals accountable for corporate wrongdoing. One way in which they uphold this principle is by focusing on company gatekeepers – those with unique access to knowledge who are in the best position to prevent, detect and mitigate issues. A recent program hosted by the Practising Law Institute dove deep into corporate gatekeepers and their possible liability for corporate crime. This article draws insights from two separate panels at the program to answer six fundamental questions about gatekeepers. See “Former SEC Officials Discuss Aggressive Enforcement Climate” (Oct. 11, 2023).

Cyber, Data Privacy and Technology Litigator Joins Pierson Ferdinand As Partner

Pierson Ferdinand has welcomed Rachel Rivers as a partner in its cyber-risk, privacy and data security practice. She is based in Palo Alto, California, and arrives from Gordon Rees Scully Mansukhani.

Frost Brown Todd Welcomes Former Homeland Security CPO As Partner in Washington, D.C.

Frost Brown Todd has announced the addition of former Department of Homeland Security CPO Mason Clutter as a partner in its data, digital assets and technology practice group in Washington, D.C.

Most-Read Articles

Spotlight on Trailblazing Women

To mark International Women’s Day 2024, women editors and reporters of ION Analytics interviewed outstanding women in the industries and jurisdictions we cover. In this part, Jill Abitbol, Managing Editor of the Cybersecurity Law Report and Anti-Corruption Report, features notable women in data privacy, cybersecurity, white collar defense, compliance and anti-corruption law, including Christina Montgomery, Leslie Shanklin, Palmina Fava, Alexandra Ross and Lucinda Low. Enjoy reading their inspiring remarks here.

We Celebrate Data Privacy Day 2024

Read the full brief here.