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Overview

With the integration of biometric technology in the workplace and elsewhere, companies are now exposed to numerous legal liabilities under the Illinois Biometric Information Privacy Act, or BIPA. With statutory damages accruing for each violation, companies that are not in compliance can face potentially crippling financial liability.

Goldberg Kohn's attorneys are well-versed in the nuances of BIPA and assist Illinois-based companies as well as those with operations in the state in ensuring their policies and processes are in compliance with the law. When companies have been the subject of a class-action or individual claim, Goldberg Kohn has successfully defended them in and outside of the courtroom.   

In addition, with a team of attorneys focused on policyholders' insurance coverage litigation, Goldberg Kohn offers the added benefit of attorneys skilled in analyzing insurance policies, who help ensure every aspect of coverage is tested and applied and determine if there is applicable coverage for claims.

As a full-service firm, Goldberg Kohn advises and counsels clients on all matters related to BIPA, including:

In addition, Goldberg Kohn attorneys are at the forefront of BIPA developments and have authored several articles and spoken publicly about evolutions in the law’s interpretation, including at Meritas’ conferences.

Representative Matters

  • Represented a leading public financial technology firm in the successful defense of several BIPA claims. 
  • Represented several manufacturers with Illinois operations in drafting BIPA policies and defending BIPA claims, including obtaining voluntary dismissal of class-action claims, where feasible, and negotiation of class-action settlements where appropriate. 
  • Advised asset-based lenders on BIPA liability risks as part of a due diligence and underwriting process. 

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