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Articles by Charles A. DeVore
External - 2023.06.22 - Privacy, Data and Cybersecurity Quick Clicks
Is Your AI Intelligent Enough? The CFPB Says It Will Actively Police the Use of Chatbots and Warns of Risks The Consumer Financial Protection Bureau (CFPB) issued a June 6 report summarizing its research into the use of artificial intelligence (AI) in consumer finance. The report focuses on the shift away from "human support" to "algorithmic support" in the banking and consumer finance industry, and provides an analysis of the use of chatbots and its associated risks.
Katten Financial Markets and Funds Quick Take | Issue 15
Four Key Considerations Since SEC Amended Form PF In early May, the Securities and Exchange Commission (SEC) adopted a final rule amending Form PF, the confidential reporting form for certain SEC-registered investment advisers to private funds. Form PF is designed to facilitate both the Financial Stability Oversight Council's ability to monitor systemic risk, as well as the SEC's regulatory oversight of private fund advisers and investor protection efforts.
Financial Industry Must Beware Rising BIPA Litigation Tide
In recent years, litigation under the Illinois Biometric Information Privacy Act has become one of the top class action trends in the U.S. - and this trend has accelerated on the... To view the full article, register now.
Financial Industry Must Beware Rising BIPA Litigation Tide
By Charles DeVore, Geoffrey Young and Anna Mikulski (June 1, 2023, 1:13 PM EDT) -- In recent years, litigation under the Illinois Biometric Information Privacy Act has become one of the top class action trends in the U.S. - and this trend has accelerated on the heels of two pivotal decisions by the Illinois Supreme Court in the first quarter of 2023.[1]... Stay ahead of the curve In the legal profession, information is the key to success.
Privacy, Data and Cybersecurity Quick Clicks | Issue 4 | JD Supra
Utah Is the First State to Limit Teens Under 18 From Social Media Access - Utah Gov. Spencer Cox (R) signed two bills on March 23 (SB 152 and HB 311) prohibiting children under the age of 18 from using social media between the hours of 10:30 p.m. and 6:30 a.m., and requiring age verification for anyone who wants to use social media in the state.
Katten Privacy, Data and Cybersecurity Newsletter Issue 4 | April 2023
Utah Is the First State to Limit Teens Under 18 From Social Media Access Utah Gov. Spencer Cox (R) signed two bills on March 23 (SB 152 and HB 311) prohibiting children under the age of 18 from using social media between the hours of 10:30 p.m. and 6:30 a.m., and requiring age verification for anyone who wants to use social media in the state.
BIPA: What Recent Court Decisions Mean for the Financial Industry
Class action plaintiffs' firms — spurred on by a significant recent expansion of available damages for biometric privacy suits — have begun targeting the financial industry. The Illinois Biometric Information Privacy Act (BIPA) is the most expansive biometric privacy law in the country, and has strict requirements for businesses collecting, storing or using biometric data (including voiceprints, fingerprints and facial scans).
Privacy, Data and Cybersecurity Quick Clicks | Issue 3 | JD Supra
Ever-Expanding BIPA Damages: Illinois Supreme Court Holds Each Collection or Dissemination of Biometric Data Constitutes a Separate Violation of BIPA - In an eagerly-awaited decision in Cothron v.
Katten Privacy, Data and Cybersecurity Newsletter Issue 3 | March 2023
Ever-Expanding BIPA Damages: Illinois Supreme Court Holds Each Collection or Dissemination of Biometric Data Constitutes a Separate Violation of BIPA In an eagerly-awaited decision in Cothron v.
Illinois Supreme Court Holds Each Collection or Dissemination of Biometric Data Constitutes a Separate Violation of BIPA | JD Supra
In an eagerly-awaited decision in Cothron v. White Castle System, Inc, the Illinois Supreme Court recently held, by a 4-3 margin, that a separate claim for damages accrues under the Illinois Biometric Information Privacy Act (“BIPA”) every time a private entity scans or transmits an individual’s biometric identifier or information in violation of BIPA. In so holding, the Court rejected the commonly asserted position that a BIPA violation occurs only upon the first scan and first transmission.
Ever-Expanding BIPA Damages: Illinois Supreme Court Holds Each Collection or Dissemination of Biometric Data Constitutes a Separate Violation of BIPA
In an eagerly-awaited decision in Cothron v. White Castle System, Inc, the Illinois Supreme Court recently held, by a 4-3 margin, that a separate claim for damages accrues under the Illinois Biometric Information Privacy Act (“BIPA”) every time a private entity scans or transmits an individual’s biometric identifier or information in violation of BIPA. In so holding, the Court rejected the commonly asserted position that a BIPA violation occurs only upon the first scan and first transmission.
Katten Financial Markets and Funds Quick Take February 2023
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SEC Announces Inspection Priorities for 2023 On February 7, the Securities and Exchange Commission (SEC) announced its inspection priorities for the current year.
By Richard Marshall, Adam Bolter, Alexander Kim, Chris DiAngelo, Anna-Liza Harris, Howard Schickler, Prachi Gokhale, Dylan Caffrey, Danette Edwards, Johnjerica Hodge, Ifedapo Benjamin, Janet R. Widmaier, Charles A. DeVore, Christopher Cole, Cynthia Martens, Karen Ash, Edward Tran, Oliver Williams, Gavin Vollans, Omar Malek, Trisha Sircar
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Illinois’ Highest Court is Poised to Make Impactful BIPA Claim Accrual Determination | JD Supra
In early February, the Illinois Supreme Court made the first of two crucial rulings defining the scope of Illinois’ Biometric Information Privacy Act (“BIPA”), holding that the law is governed by a five-year statute of limitations. The second issue, to be decided in Cothron v. White Castle Sys., Inc., No. 128004 (Ill.), is claim accrual.
Reading the Tea Leaves: Illinois’ Highest Court is Poised to Make Impactful BIPA Claim Accrual Determination
In early February, the Illinois Supreme Court made the first of two crucial rulings defining the scope of Illinois’ Biometric Information Privacy Act (“BIPA”), holding that the law is governed by a five-year statute of limitations. The second issue, to be decided in Cothron v. White Castle Sys., Inc., No. 128004 (Ill.), is claim accrual.
Privacy, Data and Cybersecurity Quick Bytes | Issue 2 | JD Supra
Katten's Privacy, Data and Cybersecurity Quick Bytes is a monthly newsletter highlighting the latest news and legal developments involving privacy, data and cybersecurity issues across the globe. Please see full Newsletter below for more information. Download PDF
Katten Privacy, Data and Cybersecurity Quick Bytes Issue 2 | February 2023
Illinois' Highest Court Holds That BIPA Claims Are Subject to a Five-Year Statute of Limitations, Not One Year In a significant shift in law, the Illinois Supreme Court recently held that all claims under the Biometric Information Privacy Act (BIPA) are subject to a five-year statute of limitations. This reverses prior case law that required certain BIPA claims to be asserted within one year of the alleged violations.
Illinois’ Highest Court Holds That BIPA Claims are Subject to a Five-Year Statute of Limitations, Not One Year | JD Supra
In a significant shift in law, the Illinois Supreme Court recently held that all claims under the Biometric Information Privacy Act (BIPA) are subject to a five-year statute of limitations. This reverses prior case law that required certain BIPA claims to be asserted within one year of the alleged violations. This change in law substantially increases potential liability for employers and businesses operating in Illinois. On February 2, 2023, in Tims v.
Katten Privacy, Data and Cybersecurity Quick Bytes Issue 1 | January 2023
Editor's Note: Welcome to the inaugural issue of Katten's Privacy, Data and Cybersecurity Quick Bytes. Each month, Quick Bytes will highlight the latest news and legal developments involving privacy, data and cybersecurity issues across the globe.
Importing BIPA to New York: Biometric Law Enforcement on the Horizon
Recently, a Chicago federal jury awarded $228 million in damages to a class of truck drivers based upon the defendants’ alleged violation of Illinois’ Biometric Information Privacy Act (BIPA), which strictly confines an organization’s ability to use, sell or disclose biometric information without an individual’s express consent. See Rogers v. BNSF Railway Company, No. 19-cv-3083 (N.D. Ill. Oct. 12, 2022).
FINRA Proposes Trade Reporting Requirements for OTC Options Transactions
Wednesday, September 7, 2022 The Financial Industry Regulatory Authority (FINRA) released Regulatory Notice 22-14, which proposes to establish new trade reporting requirements for certain over-the-counter (OTC) options transactions. Listed options are traded through registered options exchanges, while OTC options are traded directly by the parties to the option contract.
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