IUA Circular 052/23

Biometrics, Pixels and Tracking Technologies Lawsuits: What Underwriters Should Know about US Privacy Litigation

 

with guest speakers from Clark Hill PLC:
Myriah Jaworski, Member Law and Technology and Melissa Ventrone, Attorney Cybersecurity, Data Protection and Privacy 

 

Event Date:  Monday 26 June 2023
Time: 3pm for approx 1 hour  (UK/London time)
Venue: This maket briefing will be online only
Subject:  This market briefing will provide an overview of the privacy litigation landscape in the US, and provide practical tips for underwriters and insurers to mitigate the risk of wrongful collection and unauthorized disclosure claims

This is a free event, but names and email addresses of all attendees are required for registration.
Please click here to register

A major uptick in US privacy litigation filings over the last years have caused concern for insurers and policyholders a like.  From biometrics to Metapixel, plaintiffs filing these privacy class actions leverage old laws to address new data collection practices, disclosures and technologies, and have seen general success.  

There have been two major cases of note brought under the Illinois Biometric Information Privacy Act (BIPA). In Cothron v White Castle System, Inc. it was decided that a separate claim accrues under BIPA every time a private entity scans or transmits an individual’s biometric identifier or information in violation of the law. In Tims v Black Horse Carriers Inc. it was decided that a five-year limitations period arises to all claims arising under BIPA. Beyond Illinois, the states of California, Colorado, Connecticut, Utah and Virginia have all passed consumer privacy laws that, once effected, will regulate the use of biometric information and with them will come an increase in the amount of litigation in this area. 

Our Speakers:  
Myriah Jaworski:
Myriah represents clients in defense of data breach class actions, privacy torts and statutory claims (IRPA/BIPA/VPPA/CIPA), pixel tacking and commercial surveillance matters, internet defamation, technology disputes, and cyber subrogation and media liability claims. Myriah defends clients in response to regulatory inquiries and investigations arising out of data incidents and privacy practices, including before state Attorney General offices, the Federal Trade Commission and the Department of Human and Health Services – Office of Civil Rights (HHS/OCR). Myriah litigates in many state and federal jurisdictions throughout the United States.

Melissa Ventrone: 
Melissa leads Clark Hill’s Cybersecurity, Data Protection and Privacy business practice, where she directs her skilled, multidisciplinary team of first responders to minimize security risks, ensure regulatory compliance, and curtail damage in the event of a data incident.  Melissa reviews data security policies, procedures, and incident response plans and works with clients to create a tactical action plan to establish compliance with state, federal and international laws and regulations and minimize cyber risks.  When a damaging data breach or cybersecurity attack occurs, Melissa and her team are available 24/7 to manage the end-to-end process from containment to recovery, minimizing operational disruption, negative repercussions and costs. Melissa has managed thousands of data security incidents across all industries, ranging from lost devices at small companies to high-profile cyberattacks impacting millions of customers’ data.