In G.T., et al. v. Samsung Electronics America, Inc., et al., No. 21-CV-4976, 2024 WL 3520026 (N.D. Ill. July 24, 2024), an Illinois federal judge dismissed claims brought under the Illinois Biometric Information Privacy Act (“BIPA”). The decision is significant because it narrows the scope of conduct and data that can expose a business to liability under the statute. The decision is particularly important for companies engaged in technology design, sales, or licensing, especially those that do not handle or store any ‘biometric’ data generated by customer use.

Illinois Gov. J.B. Pritzker signed S.B. 2979, the “BIPA Amendment,” into law on Friday, August 2, 2024. The long-awaited BIPA Amendment is effective immediately, and should bring welcome relief to those doing business in the State of Illinois. 

A recent Delaware Court of Chancery decision is required reading for anyone who wants to know the requirements for validly transferring a member’s interest in an LLC, for example, upon death or bankruptcy of a member.

On July 31, 2024, in a long-awaited decision written by Justice Elizabeth Welch, the Michigan Supreme Court ruled by a 4-3 margin in Mothering Justice et al. v. Attorney General that a pair of citizen-initiated ballot proposals – the Improved Workforce Opportunity Wage Act (the “Wage Act”) and the Earned Sick Time Act (“ESTA”) – will go into effect on February 21, 2025, as they were initially proposed by the citizens of Michigan and adopted by the Legislature in 2018.

Although passed in the 2023 legislative session, the Colorado Job Application Fairness Act (JAFA) finally took effect on July 1, 2024. JAFA applies to private employers of all sizes (and their agents), as well as state or local government employers.

On July 10, 2024, the U.S. Department of Commerce’s Bureau of Industry and Security (“BIS”) published a new guidance document addressing risks associated with the export, reexport, and transfer of controlled items under the Export Administration Regulations (“EAR”). The guidance outlines both (1) methods by which BIS informs affected parties about export diversion risks, outside of its public screening lists and (2) BIS-recommended practices to comply with related regulations and mitigate diversion risks.

It has been another busy year for developments under the Illinois Biometric Information Privacy Act, 740 ILCS 14 et seq. (BIPA), with three recent decisions providing key insight into the scope and contours of the statute - specifically concerning what constitutes a biometric identifier/biometric information.

On July 25, 2024, in a unanimous decision, California’s Supreme Court ruled it was constitutional for companies such as Lyft, Uber and DoorDash to classify their drivers as gig workers, commonly referred to as independent contractors.