Biometric Data Privacy: Why Illinois Regulation Is Relevant to Manufacturers Nationwide

Our federal system and the often dysfunctional nature of Congress can be vexing for cutting-edge manufacturers. Emerging technologies are rarely addressed at the federal level, leaving states to pass piecemeal regulations that can frustrate even the most attentive compliance officers. If you’re bringing a product to market nationwide, you need to be aware of which states have the most stringent regulations. When it comes to biometrics, Illinois tops that list.

The Illinois Biometric Information Protection Act (BIPA) generally is considered the most stringent in the United States, and lawmakers in Florida and New York City are currently working on passing similar measures. So just what is the current state of biometric data privacy in Illinois? The answer lies in three rather unexpected topics: roller coasters, robot dogs, and pizza.

Continue reading

Third Circuit Tackles Third-Party Funding Issues in In Re: National Football League Players’ Concussion Injury Litigation

Third-party litigation funding has received increased scrutiny over the past several years, particularly in the context of mass torts, class actions, and multidistrict litigation. Most of this scrutiny has focused on pre-litigation or pre-resolution commercial loans to fund the litigation, and particularly whether parties are required to disclose such funding during the course of the litigation.
Continue reading

Beware of the “Influencer”

The proliferation of social media has transformed the world in many ways including how people communicate, becoming a preferred vehicle for political discourse and an important source of information in litigation.  It has also changed the way companies market their products.  Gifting “influencers” with products to promote in their posts has proven to be a successful marketing strategy for increasing brand awareness.  However, companies may be held accountable for claims made by influencers about their products.

Continue reading

The Early Bird Avoids the Class Action: Recent California Decision Reminds That Winning Summary Judgment Can Be the Ultimate Preemptive Tactic for Beating Class Certification

Defendants faced with putative wide-reaching class action litigation are equipped with a variety of strategies for defeating class certification.  One potential silver bullet, however, expires early, and defendants must deploy it even before a class certification motion is filed in order to wield it effectively.  The United States District Court for the Central District of California’s recent decision granting summary judgment to Unilever United States, Inc. in a would-be class action concerning its St. Ives Apricot facial scrub underscores this strategy for (successfully) defeating class certification: Win the case on summary judgment first.

Continue reading