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Litigation Setback for Employers Under Illinois Biometric Information Privacy Act

The Illinois Supreme Court recently held that all causes of action brought under the Illinois Biometric Information Privacy Act (BIPA) are subject to a five-year statute of limitations. The Court’s holding is the latest disappointment for Illinois companies defending BIPA actions and means the scourge of BIPA litigation will continue.

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Illinois Supreme Court Eliminates Defense to Biometric Privacy Class Actions

Illinois’ Biometric Information Privacy Act (BIPA) has spawned a tsunami of class actions against employers who utilize biometric timekeeping or security systems. Now, the Illinois Supreme Court in McDonald v. Symphony Bronzeville Park, LLC has eliminated a defense invoked by employers facing claims under BIPA: the exclusivity of workers’ compensation.

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