In Episode 8 of The BIPA Radar, co-hosts Mary and Josh discuss a notable Illinois Supreme Court decision relating to the scope of the Illinois Biometric Information Privacy Act (BIPA). In Mosby v. Ingalls Memorial Hospital, the court unanimously decided that BIPA’s health care exemption extends to all biometric information collected, used, or stored for treatment, payment, and operations, and is not simply limited to patient biometrics such as fingerprint scans. In what has been a busy year for BIPA decisions, Mosby v. Ingalls Memorial Hospital signifies the first decision where the Illinois Supreme Court adopted the defendants’ proposed interpretation of the BIPA statute.

We are excited to welcome co-chair of Lewis Brisbois’ Government Investigations & White Collar Defense Practice Sean Shecter and chair of the firm’s national Government Affairs & Public Policy Practice Daron Watts to The BIPA Radar! Listen to the full podcast to see what Sean and Daron had to say about the federal government’s response to the rapid rise of artificial intelligence (AI) across numerous industries, and potential biases that the new technology can bring with criminal prosecution and employment practices. This is a can’t-miss episode for attorneys handling cases involving biometrics, healthcare practitioners in Illinois, and those who are looking ahead to AI’s undeniable impact on modern society.

In Episode 7 of The BIPA Radar, our co-hosts Mary and Josh dive into an eventful summer for the BIPA litigation landscape, as the number of class action lawsuits concerning the Act continues to skyrocket. The Illinois Supreme Court recently denied national restaurant chain White Castle’s petition for rehearing in Cothron v. White Castle, a case which dominated headlines in February when the court ruled that a separate claim accrues under BIPA each and every time a private entity collects or discloses a biometric identifier or information. Cases alleging violations of BIPA jumped over 65% in Illinois circuit courts in the first two months since the Cothron ruling. Mary and Josh also highlight Rogers v. BNSF Railway Co., the first BIPA case to proceed to trial, in which an Illinois federal district court ruled on post-judgment motions and vacated the $228 million damages award on June 30. The Rogers decision solidified the Supreme Court of Illinois’ statements in Cothron and a prior Illinois appellate court’s statements, which provide that damages under BIPA are discretionary, and that a jury should hear all evidence for and against entering an award for statutory violations that result in no real world harm. 15 years since BIPA was first introduced, business owners in Illinois and employment attorneys handling these complex cases should stay informed on these latest updates, and seek the appropriate legal guidance to defend claims and shore up compliance.

Mary and Josh are excited to welcome insurance attorney George Manos to The BIPA Radar! George is a Partner in Lewis Brisbois’ Chicago office, and has focused his practice on insurance coverage claims and disputes throughout the country. In Episode 6, George breaks down insurance ramifications from the hotly anticipated Illinois Supreme Court decisions in Cothron v. White Castle Systems and Tims v. Black Horse Carriers, which may implicate more insurance policies that were issued several years ago. George also discusses the differences between occurrence-based and claims-made policies, whether general liability insurance can cover BIPA claims, and predictions for the future of BIPA coverage litigation. This is a can’t-miss conversation for Illinois businesses seeking clarity on how their existing coverage policies may protect them from BIPA lawsuits.