Representing more companies in biometric privacy class action lawsuits than any other defense firm, Shook, Hardy & Bacon is the national leader in biometric privacy law. 

Litigation

When a lawsuit is filed, Shook’s Biometric Privacy Task Force quickly mobilizes a team to vigorously defend the suit. As most biometric litigation has been filed in Illinois under the state's Biometric Information Privacy Act (BIPA), Shook is uniquely situated to defend such cases from its Chicago office. Our litigators in Chicago have decades of experience in privacy class actions going back to the first ones ever filed. Those attorneys work with other attorneys throughout Shook with robust class action, data security and employment law experience, not only to defend the lawsuit but also prepare Shook’s clients for future compliance with the law.

The Task Force’s work resulted in one of the most frequently cited defense-friendly orders ever entered in a BIPA case, in Howe v. Speedway LLC, No. 17-7303 (N.D. Ill. 2018).

Compliance

Shook has leveraged its biometric privacy litigation experience to counsel some of the largest organizations in the world to help them comply with biometric privacy laws in the United States, the European Union, Latin America and elsewhere. We have:
  • advised clients of their obligations under applicable biometric privacy laws;
  • drafted and revised existing notice and consent forms to ensure compliance with BIPA and similar U.S. and international laws;
  • used our benchmarking experience to counsel clients on the most effective techniques to operationalize biometric laws that can sometimes conflict with security requirements;
  • trained in-house legal and human resource departments to understand their obligations under biometric privacy laws; and
  • advised our clients of changes in this rapidly changing field through the use of client alerts, newsletters and webinars.

Thought Leadership

Shook is one of only a few law firms whose amicus curiae briefs were accepted by the Illinois Supreme Court in the groundbreaking Rosenbach v. Six Flags case. Our team frequently writes and lectures on biometric privacy topics, and our members are go-to sources for Law360, The Wall Street Journal, the employment journal Workforce and Chicago Lawyer. We have presented at national conferences of the International Association of Privacy Professionals (IAPP), the Practising Law Institute and The Sedona Conference. Our members also hold leadership positions in the Sedona Conference’s Working Group on Privacy and Data Security Liability, as well as on IAPP’s Privacy Law Board. Among the achievements of our team are the highest privacy certifications lawyers can hold: the IAPP Fellow of Information Privacy designation and the Privacy Law Specialist designation.  

 

Chambers Logo 2019