This program, taught by Lewis Brisbois Partners Mary Smigieleski and Josh Kantrow, will provide an overview of the Illinois Biometric Information Privacy Act, including its history, requirements, and the current landscape since the impact of the Illinois Supreme Court’s 2018 decision in Rosenbach v. Six Flags. The course will also discuss the defenses and potential insurance coverage issues under BIPA, anticipated future developments, and similar pending legislation in other states.
Mary Smigielski is a partner in the Chicago office of Lewis Brisbois, a member of the Labor & Employment Practice, and co-chair of the firm’s Illinois Biometric Information Privacy Act (BIPA) practice group. Ms. Smigielski handles class/collective actions and single-plaintiff employment litigation, administrative charges, nationwide counseling, training, and sensitive workplace investigations, including at the C-Suite level. Having spent nearly a decade as in-house employment counsel for a multi-national, Fortune 50 company with responsibility for over 100,000 employees, Ms. Smigielski is in a unique position to recognize the challenges faced by our clients and is committed to achieving creative and cost-effective solutions.
Ms. Smigielski partners with all levels of leadership to achieve complex business objectives, define, assess and control legal risk, and implement workplace policies and best practices. She routinely represents employers in State and Federal Courts, and she has appeared in courts across the United States in individual, class, collective and multi-district litigation as well as mediations and arbitrations. She has extensive experience with administrative agencies, including the U.S. Equal Employment Opportunity Commission, U.S. Department of Labor, Illinois Department of Human Rights, Chicago Commission on Human Relations and various other agencies nationwide.
Ms. Smigielski has been on the cutting-edge of the defense of class action litigation brought against employers and others under the Illinois Biometric Information Protection Act (BIPA). She works closely with national insurance carriers and private clients for defense, compliance and mitigation of risk related to BIPA.
Ms. Smigielski’s counseling practice involves partnering with clients on all aspects of the employee life cycle, including pre-employment screening, the application process, restrictive covenants, orientation, handbooks, policies, compensation programs, exemption analysis, leaves of absence, accommodations, crisis response/threat management, training, wage/hour audits, reductions-in-force, facility closures, termination counseling, separation agreements and responding to inquires from the media and regulatory officials.
Her practice also involves unfair competition law, business-to-business disputes, gig-economy initiatives, executive agreements, non-disclosure agreements, non-competition agreements, non-solicitation agreements, professional services and independent contractor arrangements, mergers and acquisitions, asset purchase/sale agreements, and intellectual property matters such as the defense of trademarks.
Josh Kantrow is a partner in the Chicago office of Lewis Brisbois, is co-chair of the firm’s Biometric Information Privacy Act (BIPA) practice group, and is a vice-chair of the firm’s Professional Liability Practice. Clients frequently retain Mr. Kantrow to litigate complex, high exposure cases throughout the United States and appreciate his ability to generate great results. He defends a wide variety of individuals and companies from professional malpractice claims, and litigates complex insurance coverage, class action, and data privacy/network security cases across the country. Mr. Kantrow also defends class action litigation brought against Illinois-based companies under BIPA, provides counsel on the emerging BIPA legal landscape, and provides strategic direction to address BIPA compliance, insurance coverage, and litigation.
Mr. Kantrow’s experience managing claims enables him to view legal issues from the client’s perspective. Several years ago, Mr. Kantrow worked in London for a Berkshire Hathaway backed insurer. In this role, Josh managed complex professional liability litigation, analyzed claims, counseled on contract wordings, and assessed risk. Mr. Kantrow also served for three years as outside counsel for a national manufacturer based in Chicago, managing claims and providing transactional advice.
Mr. Kantrow has been a speaker at approximately 50 seminars, conducted across the United States, in Europe and in Israel. Mr. Kantrow has also participated as a guest on multimedia platforms (including radio, television and podcasts), has been interviewed by leading industry publications, and has published articles on various legal topics and issues.
Prior to moving to Chicago, Mr. Kantrow spent a semester in law school at the Université Aix-Marseille in Aix-en-Provence, France, interned for a federal judge at the U.S. Claims Court in Washington, D.C., and practiced in New Orleans for four years.
Excellent coverage of this tricky statute.
Information on insurance coverage was helpful