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Duane Morris LLP Publishes Its Privacy Class Action Review - 2023

February 28 2023

Duane Morris LLP Publishes Its Privacy Class Action Review - 2023

February 28 2023

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CHICAGO, February 28, 2023—Duane Morris LLP has released the Duane Morris Privacy Class Action Review – 2023, the inaugural edition of this annual publication. It analyzes the key privacy-related rulings, settlements and litigation developments in 2022 and the significant trends that are apt to impact these types of class actions in 2023. Written by Duane Morris partners Gerald L. Maatman, Jr., Jennifer A. Riley and Alex W. Karasik, the Privacy Class Action Review – 2023 reflects a broad array of “lessons learned” from their extensive experience in defending privacy class action litigation throughout the United States.

“Privacy class action litigation ranks near the top of the list of issues that keep corporate counsel up at night,” says Maatman. “The significant stakes in these cases and the evolving legal landscape in privacy class action rulings and legislation make the defense of privacy class actions a challenge for corporations.”

Karasik comments that the review offers analysis on recent decisions rendered in the past two weeks by the Illinois Supreme Court on the Biometric Information Protection Act (BIPA), which clarified that a five-year statute of limitations is applicable to the BIPA in Tims, et al. v. Black Horse Carriers, Case No. 127801 (Feb. 2, 2023) and decided that each fingerprint scan is its own discrete violation in Cothron, et al. v. White Castle Systems, 2023 IL 1280004 (Ill. Feb. 17, 2023). Karasik indicates that “the impact of the two new decisions could exponentially increase monetary damages in BIPA class actions, especially in the employment context, where employees scan in and out of work multiple times per day for over 200 workdays days per year.”

Riley opines that privacy litigation, in a multitude of forms and theories, revealed itself as the hottest area of growth in terms of activity by the plaintiffs’ class action bar in the past 12 months. While the BIPA continued to drive lawsuits in Illinois, a new wave of wiretapping violation lawsuits targeted companies that use technologies to track user activity on their websites, based on the theory that such practices violate electronic interception provisions of various state laws when done without consent. And while the U.S. Congress has refrained from addressing data privacy through federal legislation, many states have enacted their own laws. Last year saw significant state legislative activity regarding data privacy, with five states preparing for new privacy laws to take effect in 2023, including California, Colorado, Connecticut, Utah and Virginia. Riley asserts that “companies can expect an exponential increase in these types of class actions in 2023.”

Manifesting the collective knowledge of the Duane Morris Class Action Defense Group and over 70 years’ combined class action experience of our editors, the Duane Morris Privacy Class Action Review – 2023 is designed to serve as an essential desktop reference for corporate counsel and business decision-makers to identify privacy risks, implement strategies to mitigate those risks, and best understand the significant monetary exposure for organizations that face a legal challenge regarding these risks.

Download the Privacy Class Action Review – 2023 eBook here. The eBook is fully searchable and able to view from any device.

About Duane Morris

Duane Morris LLP provides innovative solutions to today’s multifaceted legal and business challenges through the collegial and collaborative culture of its more than 900 attorneys in offices across the United States and internationally. The firm represents a broad array of clients, spanning all major practices and industries. Duane Morris has been recognized by BTI Consulting as both a client service leader and a highly recommended law firm.