Is BIPA the Proverbial “Next Big Thing”?   Plaintiffs’ lawyers are always on the lookout for “the next big thing.” It may be here. In 2008, Illinois became the first state to enact a biometric privacy law that prohibits private companies from collecting, capturing, purchasing, receiving through trade, or otherwise obtaining a person’s biometric information without informing and receiving written consent.... Read More

In May 2021, the Illinois Supreme Court ruled on the seminal Illinois insurance coverage case for underlying actions alleging violations of the Illinois Biometric Information Privacy Act 740 ILCS 14/1 et seq. (West 2018) (“BIPA”), West Bend Mut. Ins. Co. v. Krishna Schaumburg Tan, Inc., 2021 IL 125978.  It held West Bend had a duty to defend because the... Read More

Defense Expenses Exhaust SIR The Southern District of Florida, applying Florida law, held that class action defense expenses incurred by a Florida agricultural business eroded the applicable $1 million self-insured retention (“SIR”) despite the fact that the policy contained another contradictory SIR endorsement.   The coverage dispute arose when US Sugar Corporation (“US Sugar”) successfully defended itself against a class-action lawsuit alleging... Read More