Sean Wieber Discusses BIPA Cases That Moved The Needle In 2020

Chicago Partner and Co-Chair of Winston’s Regulated Personal Information (RPI) Practice Group, Sean Wieber, recently spoke with Law360 about BIPA cases that moved the needle in 2020. The Seventh Circuit ruled in May that federal courts can hear claims that employers violated BIPA by collecting fingerprints without the informed consent of their workers because that’s a concrete and particularized injury that establishes federal standing.

In discussing the two seventh circuit rulings that offer clarity on standing, Sean said, “Even though Bryant was very careful in carving out what it was doing … the contextual reading of that decision maybe got lost in translation.” He continued, “The Dakkota case came around very quickly to right the misdirection perhaps practitioners were having in this space.”

According to Sean, both cases offer plaintiffs a clearer roadmap to craft their claims, and it’s pretty clear now that 15(a) claims alleging a failure to comply with policy can be litigated in federal court. 

Read more of Sean’s insights in the full article here (subscription required).