May 20, 2026

BIPA Litigation Dynamics Following Seventh Circuit Clay Decision

A new Seventh Circuit decision sharply limits potential Illinois Biometric Information Privacy Act damages exposure. In reaching its holding, the court applied a 2024 amendment that eliminates damages for separate violations retroactively, altering the risk calculus for both plaintiffs and defendants. This article, with insights from defense and plaintiffs’ counsel at Blank Rome, Cozen O’Connor, Edelson PC and Lewis Brisbois, analyzes the Clay v. Union Pacific Railroad Company ruling and discusses how it is likely to influence litigation strategy, forum selection and settlement dynamics. See “Texas AG’s Billion-Dollar Settlement With Google Highlights Biometric Data Use Compliance Considerations” (May 21, 2025).

Bans on Location Data Sales Take Privacy Law Beyond Notice-and-Consent Approach

Companies and data brokers are finding it increasingly difficult to justify collecting highly granular location data. In recent state privacy law amendments, Virginia and Connecticut have banned the sale of precise geolocation data, and two May settlements penalized companies for selling it. This article examines the new laws and latest settlements, discusses the location data practices of businesses and data brokers, and offers practical compliance strategies and steps – some easy – that companies can consider for governing granular location data, with insights from experts from Prince Lobel, Womble Bond Dickinson, ZwillGen and a senator who sponsored the Connecticut ban. See “How to Adjust to the FTC’s Crackdown on Sensitive Location Data” (Jan. 8, 2025).

Navigating Insurance Coverage Issues for AI‑Related Losses

The rapid adoption of AI is amplifying cybersecurity and other business risks while creating new ones. Although existing insurance policies are generally broad enough to cover many AI-related exposures, increased use is likely to drive higher claim frequency and severity, prompting insurers to tighten underwriting and, in some cases, introduce AI-specific exclusions. This article, distilling insights offered during a Barbri program featuring partners from Anderson Kill, Duane Morris and K&L Gates, examines key AI-related risk areas, the coverage available for such risks under legacy policies, potential AI policy exclusions and how organizations can assess their coverage. See our three-part series on using cyber insurance to mitigate risk: “Finding an Insurer and Navigating the Application Process” (Oct. 3, 2018); “Getting Savvy About Cost and Policy Terms” (Oct. 10, 2018); and “Policy Management and Breach Response” (Oct. 17, 2018).

Baker McKenzie Adds Cybersecurity and Data Privacy Partner in Washington, D.C.

Katherine Doty Hanniford has joined Baker McKenzie’s data and cyber practice as a partner in Washington, D.C. She arrives from Alston & Bird. For commentary from Hanniford, see “Strategies for Addressing Cybersecurity Threats to a Prime Critical Infrastructure Target – Data Centers” (Sep. 24, 2025). For insights from Baker McKenzie, see “Pain Points and New Demands in AI Contracts” (Jun. 18, 2025); and “Cookie Compliance Lessons From the Todd Snyder Settlement” (Jun. 11, 2025).