Mary Smigielski Comments on Rapid Increase in BIPA Filings Since Ill. Supreme Court White Castle Ruling for Bloomberg Law Article

Chicago, Ill. (May 2, 2023) – Chicago Partner and Co-Chair of Lewis Brisbois’ Illinois Biometric Privacy Act (BIPA) Practice Mary A. Smigielski recently spoke with Bloomberg Law for an article that discusses the rapid increase in BIPA lawsuits filed since the Illinois Supreme Court’s decision in Cothron v. White Castle.

The article, titled, “Illinois Biometric Privacy Cases Jump 65% After Seminal Ruling,” describes how class actions accusing employers of violating BIPA have more than doubled since the White Castle decision in February, which determined that a separate claim accrues under the Act each and every time a private entity collects or discloses a biometric identifier or information. Another pivotal decision in Tims v. Black Horse Carriers Inc. clarified that a five-year statute of limitations applies to violations of the law.

In commenting on this anticipated jump in lawsuits since the White Castle decision, Ms. Smigielski told Bloomberg Law, “I believe filings will continue at a brisk pace given the five-year statute of limitations, new players entering the scene and new theories of liability.”

Ms. Smigielski also explained how smaller companies, who had initially implemented biometric technology as a way to increase efficiency in the workplace with fewer resources, are now having to defend against class action litigation. “Companies are resolving cases not because they have merit, but because limited resources are better expended elsewhere instead of fighting these claims through trial,” she noted to Bloomberg Law.

Ms. Smigielski, who co-founded Lewis Brisbois' BIPA Practice – the first in the nation – also serves as co-host of The BIPA Radar podcast series. She has been on the cutting edge of BIPA litigation, frequently providing commentary to the news media on the topic. In addition to handling BIPA matters, Ms. Smigielski serves as the head of the firm’s Chicago Labor & Employment team. Her practice includes class/collective actions and single-plaintiff employment litigation, administrative charges, nationwide counseling, training, and sensitive workplace investigations, including at the C-Suite level.

Read the full Bloomberg Law article here.