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Course Details

Course Information
  • smart_display Format

    On-Demand

  • signal_cellular_alt Difficulty Level

  • work Practice Area

    Employment and Workers Comp

Date & Time
  • event Date

    Wednesday, July 7, 2021

  • schedule Time

    1:00 p.m. ET./10:00 a.m. PT

  • timer Program Length

    90 minutes

Credit Information

  • This 90-minute webinar is eligible in most states for 1.5 CLE credits.


  • Live Online


    On Demand

$297.00

This course is $0 with these passes:

CLE
ALL

This CLE course will provide employment counsel with an update on recent decisions in class actions filed based upon the Illinois Biometric Privacy Act (BIPA). The panel will advise on the current status of BIPA claims in Illinois, potential defenses, insurance coverage, what damages plaintiffs may (or may not) seek when pursuing a BIPA claim and how a collective bargaining agreement may affect rights under a BIPA claim. The panel will also address the future of BIPA class action employment litigation.

Faculty

Gerald L. Maatman
Partner, Chair Class Action Defense Group
Duane Morris LLP.

Mr. Maatman has nearly four decades of experience practicing law and has defended some of the most significant bet-the-company cases ever filed against corporate America. He has represented companies, executive teams and boards across the country in class action litigation, ranging in size from thousands to hundreds of thousands of claims by employees. Among Mr. Maatman's accomplishments, he defended and defeated the largest systemic enforcement action ever brought in the history of the U.S. Equal Employment Opportunity Commission, the first Attorney General prosecution of a Wall Street company for workplace discrimination and harassment, and the largest wage and hour class and collective actions ever brought in Florida and New York. While he is known to be a fierce litigator, Mr. Maatman also helps his clients anticipate large-scale litigation risks before they happen to prevent issues that could turn into litigation. Mr. Maatman pioneered the process of conducting employment-practices audits to assist employers in structuring effective and practical personnel policies and protocols. He also writes and lectures extensively on class action and employment litigation topics. Mr. Maatman has authored six books on employment law topics and has spoken to employer groups throughout the United States, as well as in Asia, Europe, Canada and Mexico.

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Richard R. Winter
Partner
Holland & Knight LLP

Mr. Winter is a commercial litigation attorney. He has tried cases in Illinois, Texas, Washington, Georgia, Nebraska and South Dakota and has appeared in federal and state courts in 20 additional states. Mr. Winter’s experience includes litigation and resolution of disputes for clients involved in manufacturing, warehousing and distribution, insurance, healthcare, life sciences and transportation.  He is a frequent author and lecturer on a variety of legal topics.

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Description

There remains a significant number of class action filings based upon BIPA. Several recent decisions may impact how employers should alter their defense strategies.

Employers' counsel should be aware that the Illinois Supreme Court ruled that alleging a violation of statutory rights under BIPA is sufficient. An individual does not have to allege an actual injury to qualify as an "aggrieved" person entitled to seek liquidated damages and injunctive relief against collecting biometric data for time-tracking or security purposes. All companies with a presence in Illinois--particularly technology companies--must review their policies and protocols now; simply failing to comply with the statute's requirements can result in claims by affected employees.

Presently, The Illinois Workers' Compensation Act (WCA) and its exclusivity provisions do not bar claims for statutory damages under BIPA. But the Illinois Supreme Court has agreed to resolve, on a certified question, whether the WCA pre-empts BIPA claims in an employment context. There are also unresolved issues relating to the appropriate statute of limitations, and whether contribution claims against biometric time clock vendors are viable.

In addition, the U.S. Northern District of Illinois determined that a collective bargaining agreement preempted workers from pursuing a BIPA action in federal court.

To mitigate the risk of a BIPA claim, counsel to companies should evaluate BIPA compliance, identify any biometric information being collected, and examine disclosures currently in place. Employers should make disclosures easily accessible to employees, understand recent court decisions, and be aware of pending BIPA regulations.

Listen as our expert panel discusses BIPA employment class action decisions and what effect these rulings may have on pending litigation in the future. The panel will provide best practices for creating a compliance program to address future risks.

Outline

  1. Illinois Biometric Privacy Act
    1. History of employment class actions
  2. Rosenbach v. Six Flags Entertainment Corp.
    1. Findings
  3. McDonald v. Symphony Bronzeville Park L.L.C.
    1. Findings and status of case before Illinois Supreme Court
  4. Williams v. Jackson Park SLF L.L.C.
    1. Findings
  5. Other open issues and best practices

Benefits

The panel will review these and other important topics:

  • What is the history of BIPA employment class actions?
  • What are recent court decisions related to BIPA employment claims that may affect pending litigation?
  • How must BIPA plaintiffs address injury?
  • What rights do unions have related to BIPA claims subject to a collective bargaining agreement?
  • What are the best practices that employers should institute to comply with BIPA?