Karin O'Connell

On May 16, 2024, the Illinois General Assembly passed amendments to the Illinois Biometric Information Privacy Act clarifying that each time a company collects biometrics from the same individual constitutes a single potential violation of BIPA… Read More. #ProudtobeRSHC

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The Illinois Senate took the first step toward amending the Illinois Biometric Information Privacy Act, which has been the subject of multitudes of litigation in the last couple years. The Illinois House of Representatives will now consider whether to approve the amendment. The amendment addresses the Illinois Supreme Court holding in Cothron v. White Castle, holding each violative scan constituted a separate compensable violation. The amendment would instead state that the initial collection of a fingerprint or other biometric data amounts to one violation and thus only one recovery. However, the amendment would not be retroactive. What substantive impact this change may have is dubious since settlements of class action lawsuits, such as those reached in In re: TikTok and In re: Facebook, do not appear to be based on number of scans per class member. Supporters for legislative action to curb the impact of BIPA will likely argue this amendment does not go far enough; however, this seems to at least be a battle won for businesses in the ongoing war of BIPA litigation. #bipa #bipalegislation #illinois

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I had the pleasure of being interviewed on the State Bar of Michigan podcast. The episode is titled, "How Lawyers Can Enhance Legal Services and Stay Ahead in the Industry with AI." https://lnkd.in/gbKPs957 If you're interested in seeing how lawyers can be faster and better, and why AI is making good lawyers great, then give this episode a listen.

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Caroline A. Grech, Executive Partner, Troy, authored a Secrest Wardle Employment Law Newsline article, “Supreme Court Recognizes that the Michigan Anti-Discrimination Statute Protects Against Associational Retaliation.” > https://bit.ly/4bAUKej If an employee complains of discrimination, the employer cannot fire the employee’s friends, family, or associates who also work at the same place to further retaliate against the complaining employee. Employers must be vigilant when conducting investigations and not act against others who are closely associated with the complaining employee. Information re: Ms. Grech > https://bit.ly/44A8F1W; contact cgrech@secrestwardle.com or 248-539-2859; to sign up for Secrest Wardle newsletters > https://bit.ly/3PtRmKg. #secrestwardle #employmentlaw #legalnewsletter

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SCOTUS's exposition of Lincoln's Law continues. After construing the SOL and materiality and scienter elements in recent decisions, the Court will explain how to interpret the False Claims Act's definition of a "claim." Our FCA Team takes a closer look. #fca #falseclaimsact #doj #fwa #healthcare #government

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Latest and greatest on the Illinois privacy litigation front at Privacy World below, with thanks to James Brennan for coauthoring an update on a major BIPA amendment #BIPA #Illinoisprivacy #biometric

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Our latest #FMG blog covers an Illinois case which highlights why it is so important for attorneys to document various aspects of client representation in writing, from issuing a written engagement letter to memorializing advice that is given. Click below to read the full blog by FMG’s Donald Patrick Eckler and Josh Zhao.                                  #FMGlaw #ProfessionalLiability #legalmalpractice #lawyers #lawyer #Illinoislaw #legalwork https://lnkd.in/gr8TznMG

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In a matter of first impression in Illinois, and reviewing case law across the country to determine the correct outcome on whether the validity of a mechanics lien is subject to arbitration, Justice Mitchell, writing for the Illinois Appellate Court, First District in Portage Park v. ALL Masonry, held that "[t]he issue on appeal is whether the circuit court erred by determining that the validity of a mechanic’s lien is subject to arbitration. For the reasons stated below, we hold that the circuit court did not err and affirm." The court distinguished between validity and enforcement of the lien, the latter of which is reserved to the circuit court as provided by the Mechanics Lien Act. The decision is below and Episode 208 of the Podium and Panel Podcast where Dan Cotter and I discussed the case on our new segment on arbitration is in the comments. Regula 9(d)(2) emendanda est #law #lawyers #appeals #attorneys #civilprocedure #arbitration

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#Minnesota joins the #privacylaw trend with the adoption of its own comprehensive #privacy law! Thanks SecureWorld for including my comments on how this law compares to other US state privacy laws!

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The processing of new #ERC claims is on hold, guidance is often dense and retroactive, legislation is in limbo, and audits and investigations are starting in earnest. This article explores recent administrative, legislative and executive actions to address ERC issues.

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One focus of the Illinois Supreme Court Commission on Professionalism's Courthouse Professionalism Training is how court users are navigating a complex experience without the knowledge lawyers & judges take for granted. Investigative tools like these by the National Center for State Courts make these considerations known. https://hubs.li/Q02x4x9p0

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Confirming the broad scope of the absolute litigation privilege, the Illinois Appellate Court, First District affirmed the dismissal of counterclaims against a two lawyers and their firm arising out of communications to interested parties in the litigation that the counter-plaintiff alleged were defamatory. Under Illinois law, so long as the communications are pertinent to the litigation and made to someone with an interest in the litigation, the statements, even if made before or after the litigation, are protected. The decision is below. My posts on recent cases related to the litigation privilege and articles I have written on the topic with Jennifer Berard and Matthew Reddy are in the comments. Regula 9(d)(2) emendanda est #law #lawyers #appeals #attorneys #civilprocedure #professionalliability

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Supply chain contract law in Michigan is evolving at a rapid pace, with several new decisions building off of our work on the AirBoss case. We discuss the latest development in our blog post below. Bottom line: all suppliers should take a fresh look at their core contract documents (Supply Agreements, POs, Terms & Conditions, etc.) to ensure they pass legal muster.

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Michigan's Uniform Power of Attorney Act is now in effect. Partners Rebecca Wrock and Kathleen Cieslik break down the new changes made in an effort to increase accessibility, effectiveness and standardization for Power of Attorney agreements. Read more in our latest advisory. https://lnkd.in/gveyeeHa

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Listen to Jorden Rutledge: whether the FTC ban survives or not, states are becoming increasingly hostile toward noncompetes, requiring companies to bolster their trade secret protection programs. #ProtectYourTradeSecretsNow

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In the Law360 article, “Biggest Transportation Decisions: Midyear 2024 Review,” my Foley colleague, Vanessa Miller, comments on a series of recent Michigan court decisions impacting the automotive supply chain. Click below to read more. #Automotive #SupplyChain #Michigan

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This year has already seen a wave of rulings concerning the Illinois Biometric Information Privacy Act (#BIPA). In a new #ClientAlert, Associate Cameron Liljestrand and Partner and Illinois BIPA Practice Co-Chair Mary Smigielski highlight three recent decisions that provide key insight into the scope and contours of the statute, specifically concerning what constitutes a #biometric identifier/biometric information. Learn more: https://ow.ly/EVjJ50SKzmU #BiometricPrivacy #DataPrivacy #IllinoisLaw

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