After a yearslong series of mostly unfavorable rulings under the Illinois Biometric Information Privacy Act (BIPA), defendants were given a glimmer of hope in 2023 by two Illinois Supreme Court opinions. That relief may prove short-lived, however, if other courts follow the footsteps of the court in Thompson v. Matcor Megal Fabrication,
in which a summary judgment ruling for the plaintiffs rejected common BIPA defenses. In this guest article, McDermott Will & Emery partners David Saunders and Jonathan Ende examine Thompson
and other recent BIPA rulings and their implications, and offer practical compliance tips to mitigate the risk of BIPA litigation. See “BIPA Decisions Expand Potential Liability: What’s Next in Illinois and Other States?
” (Mar. 8, 2023).