BIPA Amendment Making Waves in Litigation Trends The landscape of biometric privacy in Illinois is poised for a significant shift following the recent amendment to the Illinois Biometric Information Privacy Act (BIPA). On August 4, 2024, Governor JB Pritzker signed S.B. 2979 into law introducing a crucial modification that could…
Articles Posted in Lawsuit
BIPA Amended to Limit Damages
Lawmakers Amend BIPA When a class action lawsuit against the fast food chain White Castle teed up what could have been a $17 billion dollar verdict the Illinois Supreme Court decided to “respectfully suggest” that the state legislature revisit and clarify certain provisions of the Biometric Information Privacy Act (BIPA)…
Real Estate Brokers’ Commissions Upended by Recent Settlement
Antitrust LawsuitNational Association of Realtors Decades-old norms regarding Realtor commissions and other policies surrounding home buying and selling have been swept away by the March 15 court settlement between the National Association of Realtors and groups of homeowners who filed suit against the realtors’ group arguing that home buyers should…
If the Alex Jones Text Fiasco was in Illinois?
Texts can be held against you in court. Alex Jones lawyers (perhaps inadvertently) turned 2-years of texts to the lawyers for the Sandy Hook families. What would be the repercussions for the disclosure if the trial were in Illinois? The parents of a 6-year-old child that was killed in…
Text Messaging Approved for Illinois Courts
December 9. The Illinois Supreme Court approved a new rule which authorizes any Illinois court to develop and use a text message notification system. Amended Rule 14 is effective immediately and the full text of the rule can be viewed here. This is part of an effort by the Illinois…
Is an E-Signature valid in Illinois?
As Chicago area business litigation lawyers this is a question we frequently are asked. Electronic Signatures are Enforceable under Illinois Laws. E-Signatures are permissible and valid in Illinois under the Illinois Electronic Commerce Security Act (the ECSA). Under the ECSA e-signatures can be used for all contracts except for real…
After Health… Businesses Must Consider Legal & Economic Impacts of COVID-19
Did someone say force majeure? COVID-19 Pandemic and Force Majeure clauses According to Black’s Law Dictionary, force majeure is defined as “An event or effect that can be neither anticipated nor controlled.” It is generally viewed as an unexpected event that prevents someone from doing or completing something that he…
Illinois Freedom to Work Act – Another Problem for Employers
The Illinois Freedom to Work Act, which prevents non-governmental employers from requiring that low-wage employees enter into non-compete agreements, has begun to impact case law in the past three years since it was enacted. Employers would be wise to take note. Chicago Business Lawyers The act, which defines “low-wage employees”…
Employers Need Permission to Collect Biometrics
Employers who collect fingerprints, face scans, or other biometric information such as retina or iris scans from employees or customers would be well-advised to ask permission and explain their purpose for collecting this data. If they don’t, they could be legally liable. That’s in the wake of a relatively liberal…
The End of “Wholly Groundless Exception” in Arbitration Agreements
An arbitration agreement is a contract, in which two or more parties agree to settle a dispute outside of court. Usually, an arbitration agreement is a clause in a larger contract. The arbitration clauses are often subjects to hotly disputed litigation, stemming from the vague verbiage and possible inconsistencies with…