To better support our clients’ needs in the ever-evolving areas of privacy and data protection O’Hagan Meyer is at the cutting-edge of defense in the recent wave of class action litigation being brought against Illinois employers and other groups under the Biometric Information Privacy Act (“BIPA” or “the Act”), offering counseling in biometric data compliance and defense. Employing a comprehensive, multidisciplinary approach to advise clients on issues arising from the use of biometric information systems, our specialized practice group includes lawyers from the firm’s privacy, data protection; class action litigation defense; and labor and employment practice areas.  At the forefront of this developing law with some of the first BIPA class actions filed in Illinois, O’Hagan Meyer now has a robust docket in state and federal court representing companies, employers, franchise owners and software companies that develop and use biometric technology in BIPA litigation.

We recognize the challenges that the BIPA raises for organizations, both in terms of compliance with the Act and in avoiding costly violations. BIPA allows plaintiffs to recover $1,000.00 per negligent violation and $5,000.00 per intentional or reckless violation. Legal arguments have been crafted by the plaintiffs’ bar to assert potentially astronomical recovery, for instance, as much as $20,000 per employee, per day, for use of a biometric timekeeping device without consent. We have developed aggressive strategies and defenses to refute these claims.

Our attorneys work proactively with clients and their vendors to develop proper BIPA policies and releases that specifically address the technology in use and the work place environment to minimize all risk.  In defending BIPA litigation our experienced team is at the forefront of novel legal defenses and strategies, working closely with biometric experts, to minimize the risk, attack various class claims and members, and in many cases, extinguished the claims altogether, with several cases dismissed shortly after Complaints were filed as a result of our innovative yet practical strategies.

If you, your organization, or your clients collect and/or maintain any biometric information within the State of Illinois, you need certainty as to your obligations under BIPA. Our dedicated attorneys are available to outline the legal landscape and provide strategic direction to address all aspects of compliance, and litigation and the BIPA horizon.