Gathering Employee Biometric Data: Regulatory Update, Employer Risks, Lessons Learned From Recent Settlements

As leader of Phillips Lytle’s Data Security & Privacy and E-Discovery & Digital Forensics Practice Teams, Ms. Clark focuses on complex e-discovery and digital forensics, cybersecurity and data privacy, and complex commercial litigation. As a former Assistant District Attorney, she also handles white collar criminal matters and investigations. Additionally, Ms. Clark has been awarded the following ANSI-accredited credentials by the International Association of Privacy Professionals (IAPP): Certified Information Privacy Professional/Europe (CIPP/E); Certified Information Privacy Professional for the U.S. Private Sector (CIPP/US); and Certified Information Privacy Manager (CIPM). CIPP/E and CIPP/US are preeminent certifications for advanced concentration in European data protection laws and U.S. private-sector laws, standards and practices, respectively. The CIPM certification recognizes Ms. Clark’s ability to design, build and operate data privacy management programs that are compliant with privacy laws and regulations. Ms. Clark has also been designated as a Fellow of Information Privacy (FIP). The FIP designation signifies that she has demonstrated her comprehensive knowledge of privacy laws, privacy program management and essential data protection practices with significant data security and privacy experience in these areas. Ms. Clark is among a select group of individuals around the world who have received this designation.

Mr. Saeedi is a nationally renowned attorney in biometrics, class action litigation, privacy law, information security, trade secrets, and employment law, with groundbreaking wins in biometrics (BIPA), data privacy, and information security litigation and counseling. With a successful track record of first-chairing high-profile cases, he consistently delivers favorable outcomes for clients entangled in consumer and employee privacy disputes across various industries, including manufacturing, logistics, IT, gaming, marketing, healthcare, entertainment, and retail. Mr. Saeedi has experience in a variety of different technologies, including those relating to biometrics, artificial intelligence, and machine learning. He also represents clients nationwide in trade secret theft, non-competition agreements, and breaches of fiduciary duties, while advising businesses on best practices and policies for litigating unfair competition claims. Additionaly, Mr. Saeedi conducts complex internal investigations on intellectual property theft, computer fraud, and unfair competition issues. He is an active member of the Sedona Conference’s Working Groups 11 (Data Privacy) and 12 (Trade Secrets) and is a frequent speaker on privacy law, trade secrets matters, and class action litigation. 

A diverse lead trial attorney, Mr. Wilson helps his clients manage risks and minimize financial exposure in arbitrations; in proceedings before various federal, state, and local administrative agencies; and in single, multiple, class, and collective plaintiff lawsuits filed in federal and state courts across the country involving a panoply of employment-related issues. He has represented clients in matters involving the Illinois Biometric Information Privacy Act, Title VII of the Civil Rights Act of 1964, the Americans with Disabilities Act, the Age Discrimination in Employment Act, the Federal Employers' Liability Act, the First Amendment, joint employers, Monell claims, official/police misconduct, OSHA violations, retaliation, wage and hour disputes, whistleblowing, and worker misclassification, among others. Mr. Wilson also conducts fast yet thorough internal investigations into alleged claims of misconduct in the workplace and provides trainings, workshops, and lectures on employment-related topics. Additionally, clients seek his practical advice and counseling on various complex business operations and employment initiatives, as well as cybersecurity and data privacy matters.