Going Viral or Going Nuclear: Social Inflation’s Impact on Jury Verdicts …

February 22nd, 2022|Categories: Emerging Litigation & Risk, HB Emerging Law Notes, HB Tort Notes, Journal on Emerging Issues in Litigation, New Featured Post for Home Page|Tags: , , , , , , |

The Authors All three authors are with the law firm of Hall Booth Smith, P.C., and concentrate on various aspects of healthcare defense.  Lindsay A. Nishan (lnishan@hallboothsmith.com) is an Associate in the HBS Charleston office. Samantha Bowen Myers (smyers@hallboothsmith.com) is an Associate in their West Palm Beach, Florida, office. Sandra Mekita Cianflone (scianflone@hallboothsmith.com) is a Partner in the firm’s Atlanta office. She is also a member of the Editorial Board of Advisors for the Journal on Emerging Issues in Litigation, and a frequent contributor to the Emerging Litigation Podcast. Going Viral or Going Nuclear: Social Inflation’s Impact on Jury Verdicts and How to Safeguard Against It By Lindsay A. Nishan, Samantha B. Myers and Sandra M. Cianflone A juror’s perception of companies and healthcare providers is increasingly colored by TV and social media. The same is true [...]

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7th Circuit: Is Each Transmission of Biometric Data a BIPA Violation? | By Jennifer M. Oliver | MoginRubin LLP

January 13th, 2022|Categories: Cyber Risk, Cyber Risk Litigation, Emerging Litigation & Risk, HB Emerging Law Notes, HB Risk Notes, New Featured Post for Home Page|Tags: , , , , , , |

7th Circuit: Is Each Transmission of Biometric Data a BIPA Violation? By Jennifer M. Oliver The outcome of this case will have a dramatic impact on statutory damages. The Seventh Circuit U.S. Court of Appeals has certified a question to the Illinois Supreme Court over the accrual of claims under the Illinois Biometric Information Privacy Act (BIPA). The question, posed by the court in Cothron v. White Castle Systems, Inc., reads: “Do section 15(b) and 15(d) claims accrue each time a private entity scans a person’s biometric identifier and each time a private entity transmits such a scan to a third party, respectively, or only upon the first scan and first transmission?” The case was brought by an employee of the White Castle hamburger chain, which requires fingerprint scans for employees to access computer systems. The plaintiff charged that sharing her fingerprints [...]

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Facial Recognition: How It Works and How It Doesn’t

January 14th, 2021|Categories: HB Emerging Law Notes, HB Risk Notes|Tags: , , , , |

Debbie Reynolds Founder, CEO & CDPO Debbie Reynolds Consulting Website Martin T. Tully Founding Partner Actuate Law Website Facial Recognition: Benefits & Risks Editor's Note: Imagine how great technology would be if it weren't for people. Since the beginning of time man has developed remarkable solutions to common problems. But leave it to nefarious, despicable, criminal or just plain dumb people to ruin them for the rest of us. You know, like gun powder, nuclear power, and the internet. Facial recognition programs and collection of biometric data would appear to have more benefits than risks, but those risks are there. As use of the technology proliferates we can expect more litigation as additional states follow Illinois -- the first to enact a state Biometric Information Privacy Act. Martin T. Tully of Actuate Law LLC and Debbie Reynolds of Debbie [...]

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