Shook Partner Tells Law360 Why BIPA Cases Are Being Closely Watched This Fall

Law360 reports on “Illinois Biometric Privacy Cases to Watch in 2nd Half of 2021,” focusing on biometric privacy litigation which could be impacted by pending state and federal cases considering the timing of claims under the Biometric Illinois Privacy Act (BIPA). 

“They’re key cases to watch because they’re causing numerous other cases to get stayed pending their resolution,” said Partner Melissa Siebert, who leads Shook’s BIPA litigation team.

The article explores three cases including Latrina Cothron v. White Castle System, Inc., which will be heard this fall by the U.S. Circuit Court of Appeals for the Seventh Circuit Court. At issue is whether a lower court ruled incorrectly when it held that BIPA claims accrue with each violation instead of only the first violation.

“The Seventh Circuit’s eventual ruling is important because it will determine if these are per-scan damages cases,” explained Siebert, one of the attorneys representing White Castle in the case.

Siebert concentrates her practice in complex class action litigation. She leads Shook’s Biometric Privacy practice, defending technology providers and employers in more than 75 BIPA class actions pending in federal and state courts. Siebert’s experience handling BIPA cases has made her one of the leading lawyers in the rapidly developing area of biometric privacy. She oversees a team of more than 20 legal professionals organized into five subteams, each dedicated to various aspects of biometric privacy litigation.