David J Oberly

June 14, 2021 | Legaltech News

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

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

February 18, 2021 | Corporate Counsel

In-house attorneys and other executives are not immune from criminal liability and can be targeted for criminal prosecution for actions taken in connection with corporate matters.

By Joseph G. Poluka and David J. Oberly

9 minute read

January 21, 2021 | New York Law Journal

Known as the New York Biometric Privacy Act, the bill—if enacted—would impose significant compliance burdens on companies handling biometric data. More importantly, the bill, which provides for a private right of action, would likely bring with it a tsunami of class action litigation akin to that seen with BIPA since 2019.

By Jeffrey N. Rosenthal and David J. Oberly

8 minute read

October 14, 2020 | Legaltech News

While lawmakers' efforts have been primarily focused on enacting targeted biometric privacy statutes modeled after the well-known Illinois BIPA, the CCPA demonstrates how legislators will also turn to other ways to impose requirements and restrictions over biometrics.

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

8 minute read

October 09, 2020 | The Legal Intelligencer

Currently, only a handful of domestic laws directly regulate the collection and use of biometric data—such as fingerprints, voice prints, retina scans and facial scans. But that may soon change.

By Jeffrey N. Rosenthal and David J. Oberly

8 minute read

October 05, 2020 | Texas Lawyer

Recently, Illinois' sweeping biometric privacy law—the Illinois Biometric Information Privacy Act ("BIPA")— garnered headlines in connection…

By Jeffrey N. Rosenthal, David J. Oberly & Zachary J. Wyatte

8 minute read

July 27, 2020 | The Legal Intelligencer

Remote working increases the risk of insider threats arising from employee negligence. Given the state of the world, employees may be prone to distraction and mixing personal online endeavors with their work-related activities.

By Jeffrey N. Rosenthal and David J. Oberly

7 minute read

July 17, 2020 | The Legal Intelligencer

As a result of COVID-19, people across the country have been forced to continue their educational endeavors from the confines of their homes. Students are now being engaged from home for everything from school, dance lessons, craft videos and cooking classes.

By Jennifer J. Daniels, Jeffrey N. Rosenthal and David J. Oberly

8 minute read

June 23, 2020 | The Legal Intelligencer

Not long ago it would have been unheard of for a judge to publicly chastise attorneys for attending virtual hearings partially clothed, poolside or while still in bed. Now these are just some of the anecdotes born of widespread remote videoconferencing in the time of a global pandemic.

By Jeffrey N. Rosenthal, David J. Oberly and Heidi G. Crikelair

9 minute read