In this CLE webinar, Anderson Kill attorneys, Cort Malone and John Leonard discuss the state of biometric privacy litigation, the regulatory landscape, and insurance coverage considerations and rulings.
The Authors * Cort T. Malone (cmalone@andersonkill.com) is a shareholder in the New York and Stamford offices of Anderson Kill and practices in the Insurance Recovery and the Corporate and Commercial Litigation Departments. He represents policyholders in insurance coverage litigation and dispute resolution, with an emphasis on commercia general liability insurance, directors and officers insurance, employment practices liability insurance, advertising injury insurance, and property insurance issues. Jade W. Sobh (jsobh@andersonkill.com) is an attorney in Anderson Kill’s New York office. Jade focuses his practice on insurance recovery, exclusively on behalf of policyholders, as well as regulatory and complex commercial litigation matters. Interviews with leading attorneys and other subject matter experts on new twists in the law and how the law is responding to new twists in the world. Biometric Privacy Laws:  Companies Will Need Insurance as Protection From New and Expanding Liability "Businesses may look to various types of insurance policies for protection from the sudden and ever-increasing liability under present and soon to pass biometric data privacy laws, including commercial general liability insurance, employment practices liability insurance, cyber insurance, and directors & officers (D&O) insurance." Abstract: As more states follow Illinois in enacting biometric privacy laws, the risk that companies will be hit with lawsuits and extensive damages awards [...]
When most of us upload our selfies and photo bombs to the web, and some do it more than is healthy and way more than is desired -- also, please stop -- we have no idea how much is going on. You might think it's just you photo-bombing a beer bottle, but what exactly happens after that depends on who you ask. One thing is for sure: it's more technical than most of us will grasp or ever want to. Another thing is for sure: the answer could mean millions or even billions of dollars. Is your goofball face being "scanned"? Are the pixels being examined or is some technological magic wand measuring the distance between your eyeballs? And what's being done with that information? Do you know? Do you care? In his blog, "engineer turned attorney" Brian Higgins dives into the questions as being posed in the Facebook facial recognition case pending before U.S. Judge James Donato in San Francisco. Higgins says that next month a jury will have to decide whether Facebook's A.I. technology creates "biometric information" which is regulated under the Illinois Biometric Information Privacy Act, or BIPA. "In some respects," Higgins writes, "the jury’s decision could reflect general sentiment toward AI during a time when vocal opponents of AI have been widely covered in the media. The outcome could also [...]
