Siebert Weighs in to Law360 on Top Privacy and Cybersecurity Rulings Mid-Year 2019

Law360 turned to Shook Partner Melissa Siebert for her deep knowledge of biometrics law for an article highlighting the “Top 7 Privacy and Cybersecurity Rulings so Far in 2019.” Siebert leads Shook’s biometric privacy task force and advises clients on biometrics matters.

Coming in at number seven, the legal publication chose Rosenbach v. Six Flags Entertainment Corp., No. 123186, in the Supreme Court of Illinois. The court ruled that plaintiffs may bring claims for alleged violations of the Biometric Information Privacy Act (BIPA) without alleging actual injury.

“It was a big decision, but it only resolves one question,” Siebert told Law360.

“All Rosenbach resolved was [the definition of] 'aggrieved,' and that BIPA codifies a right of privacy. That doesn't get any plaintiff from A to Z," she said. “There are still so many open issues being briefed that we are far away from saying its all 'gloom and doom' for the defense bar.”

During the past two years, Siebert’s focus on BIPA litigation has grown into a substantial practice, including class action defense, compliance, and BIPA employment-related counseling. Siebert represents both employers and timekeeping technology providers in a substantial number of BIPA class action matters and is considered one of the leading BIPA defense lawyers.