David J Oberly Blank Rome

David J Oberly Blank Rome

January 26, 2022 | Legaltech News

Biometric Privacy in 2022: How to Comply with Emerging Laws (Part 3)

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

Biometric Privacy in 2022: What to Expect This Year (Part 2)

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

Biometric Privacy in 2022: The Current Legal Landscape (Part 1)

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

Virtual Try-On Technology: Practical Guidance to Mitigate Biometric Privacy Liability Risk

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 14, 2021 | Legaltech News

Virtual Try-On Technology: Inside the Current & Anticipated Biometric Privacy Legal Landscape

Virtual try-on technology that relies on facial recognition software is also quickly emerging as the next major target of bet-the-company biometric privacy class action litigation.

By David J. Oberly, Blank Rome

8 minute read

April 19, 2021 | Legaltech News

How to Mitigate BIPA Liability Exposure When Drafting Online Consumer Arbitration Agreements

Many potential Illinois Biometric Information Privacy Act pitfalls lie lurking in wait that may eviscerate a company's ability to arbitrate disputes if the arbitration-related language contained in a company's online terms of use and similar consumer agreements is poorly drafted.

By David J. Oberly, Blank Rome

7 minute read

May 28, 2020 | Legaltech News

Fingerprint Biometric Technology: The Current Landscape & How to Minimize Liability Risk

Fingerprint biometrics is having an increasingly significant impact on businesses of all sizes and across all industries. But this technology is not without its limitations and drawbacks, while states have also greatly increased their efforts in enacting new biometrics laws.

By Jeffrey N. Rosenthal & David J. Oberly, Blank Rome

8 minute read

June 10, 2019 | Legaltech News

Lessons from Rivera: What One Case Reveals About Federal Biometric Litigation

Rivera v. Google offers key insight into the federal standing threshold for BIPA claims, and provides litigants a vital defense strategy for fighting back against, and defeating, BIPA actions in federal court.

By Ana Tagvoryan, Jeffrey N. Rosenthal and David J. Oberly, Blank Rome

8 minute read

May 13, 2019 | Legaltech News

How Effective Employee Education and Training Combats Phishing Attack Risk

Companies can expect to continue to encounter a similar, steady—if not increasing—steam of phishing attacks specifically targeting business entities for the foreseeable future. As such, now is the time for companies to ramp up their employee phishing education and training regimens.

By Jennifer J. Daniels and David J. Oberly, Blank Rome

7 minute read

March 07, 2019 | Legaltech News

Complying With the Toughest Data Privacy Law in the United States

California's new privacy regulation possesses the potential to cause a seismic shift in the landscape of data privacy law not just in California, but across the country.

By Ana Tagvoryan, Jennifer J. Daniels, Ana Amodaj & David J. Oberly, Blank Rome

8 minute read