David J Oberly

December 29, 2022 | Legaltech News

From class action filings to settlements to a significant jury verdict, 2022 was a big year for litigation under the Illinois Biometric Information Privacy Act, with major implications for future BIPA compliance requirements.

By David J. Oberly, Squire Patton Boggs

9 minute read

October 20, 2022 | Legaltech News

The recent jury verdict against BNSF is a sign that defendants may face an uphill battle in future BIPA trials and the larger biometric privacy landscape as a whole.

By David J. Oberly, Squire Patton Boggs LLP

9 minute read

October 14, 2022 | Legaltech News

A recent motion ruling in the BNSF class action broadens the scope of liability exposure under BIPA to include vicarious liability as a basis for finding a violation of the law's notice and consent requirements.

By David J. Oberly, Squire Patton Boggs

7 minute read

September 15, 2022 | Legaltech News

A powerful defense has emerged for the targets of VTO suits, and online eyewear retailers in particular—BIPA's health care exemption.

By David J. Oberly, Squire Patton Boggs

7 minute read

August 25, 2022 | Law.com

While the the California Privacy Protection Agency kicked some of the more difficult issues down the road for further consideration, its first draft of proposed Regs is quite comprehensive with respect to the issues addressed. The authority for some of what is proposed is questionable and will likely be challenged in comments, if not judicial action, if such provisions become final.

By Kyle Fath, Alan Friel, Shea Leitch and David J. Oberly

16 minute read

January 26, 2022 | Legaltech News

Companies should brace themselves for more complex, time-intensive compliance burdens and greater liability exposure risks as we move through 2022. To get ahead of the compliance curve, now is the time to proactively put in place flexible, adaptable biometric privacy compliance programs.

By David J. Oberly, Blank Rome

8 minute read

January 11, 2022 | Legaltech News

In this second article in a three-part series analyzing key developments in the area of biometric privacy, David J. Oberly looks ahead to 2022—where the Illinois Supreme Court, the FTC and more will play key roles.

By David J. Oberly, Blank Rome

8 minute read

December 21, 2021 | Legaltech News

This first part of a three-part series analyzing key developments in the area of biometric privacy takes a look back at the major developments of 2021 and the current legal landscape as it exists as we enter 2022.

By David J. Oberly, Blank Rome

8 minute read

July 07, 2021 | Legaltech News

With regulatory and litigation issues surrounding virtual try-on technology, brands should take proactive steps to build out their biometric privacy compliance programs in order to mitigate their liability exposure. Fortunately, there are several key best practices they can implement today.

By David J. Oberly, Blank Rome

9 minute read

June 25, 2021 | New York Law Journal

The TDPA is the latest in a string of new laws specifically targeting the collection and use of biometrics, but is the first of its kind to provide targeted requirements and limitations focused on residential "smart access" technology.

By David J. Oberly

8 minute read