Erin concentrates her practice in biometric privacy, class action and complex litigation, employment litigation, business litigation and privacy and data security. Erin focuses on the long-term goals of her clients and brings a practical approach to work with private and public entities.

Her practice in privacy and data security includes helping clients deal with the complicated and rapidly changing technical and legal landscapes governing the collection, use, storage and disposal of sensitive corporate and consumer information. As a member of Shook’s Privacy and Data Security group, Erin also provides compliance counseling. 

During the past four years, Erin’s practice has focused on class action defense and compliance under the Illinois Biometric Information Privacy Act (BIPA) litigation, including representation of both employers and technology providers.

In her pro bono work, Erin has represented clients seeking asylum status under the Violence Against Women Act and has obtained legal status for several women faced with deportation, which would have put their children in the custody of their abusers. 

Representative Matters

Represented a food producer before the U.S. Court of Appeals for the Seventh Circuit panel in a Biometric Information Privacy Act (BIPA) dispute. The panel sided with client, ruling that the case did not belong in court because the issue is preempted by the Labor Management Relations Act (LMRA). The appeals court dismissed the five claims brought by workers who asserted their fingerprints were taken without consent in violation of BIPA. See 7th Circ. Won't Revive Workers' Biometric Privacy Suit, Law360, September 21, 2021.

Represented real estate management company in BIPA class action and defeated plaintiff’s second attempt to revive claims preempted by federal labor law as a result of client’s status as a third party beneficiary to the collective bargaining agreement.

Obtained Seventh Circuit decision in favor of auto interiors supplier which set the standard for federal jurisdiction over BIPA claims.

Member of a team that represented FDIC in a case alleging assignee of a bank parent company could not claim $265 million in tax refunds generated by failed subsidiary banks. See, FBOP Can't Grab $265M Bank Tax Refunds, FDIC Says, Law360, June 12, 2014; Banks Say They’re Entitled to Debtor’s Tax Interest, Law360, August 27, 2014; Pensioners Get to Fight for Piece of $265M FBOP Pie, Law360, September 3, 2014; and FDIC Wants FBOP’s ‘Unclean Hands’ Defense Struck, Law360, September 16, 2016.

Obtained a temporary restraining order on behalf of an internet information-monitoring company against former employee who allegedly used cloud storage technology to steal the client's proprietary information. 

Represented major commercial airline against claims by former employee for gender discrimination claims.  Obtained favorable settlement after demonstrating former employee’s termination was for nondiscriminatory reasons.

Presentations

BIPA Trends in 2022, Podcast, January 2022 (with Matthew Wolfe and Yara Rashad).

Litigation Concerns for Hospitals in the Covid-19 Era,
 Illinois Health and Hospital Association, April 30, 2020 (with Karen Harris, Melissa Siebert and Peter O’Neill) .

Biometrics and Hospitals,
Illinois Health and Hospital Association, December 16, 2019 (with Melissa Siebert and Matthew Wolfe).

The Rise of BIPA Lawsuits: What's Next? Webinar, Association of Corporate Counsel, November 21, 2019 (with Melissa Siebert and Adam Shoshtari).

Hot Topics in Privacy and Data Security Law: What Every In-House Counsel Should Know, In-House Counsel Forum, Association of Corporate Counsel, Denver, Colorado, April 4, 2019 (with Dan Rohner, Al Saikali and James Theiss).

Media Coverage

Employers Seek Defenses Versus Rising Biometrics Class Actions, Emboldened Settlement Demands, Cook County Record, February 22, 2022.

Cybersecurity Group of the Year, Shook Hardy, Law360, February 2, 2022.

7th Circ. Further Clarifies Standing of Biometric Privacy Suits, Law360, December 22, 2020.

5 BIPA Cases That Moved The Needle in 2020, Law360, December 2, 2020.

FDIC Settles Tax Refund Row With Defunct Ill. Co. For $240M, Law360, March 29, 2018.

Facebook Biometric Privacy Ruling Offers Plaintiffs On-Ramp, Law360, March 9, 2018.