Kelly S. Johnson and Melanie J. Condon, members of Goldberg Segalla’s Global Insurance Services practice group, analyzed growing cybersecurity litigation trends in a recent article in Law360. The pair delved into the legal and cyber perspective of disclosure of individuals’ protected private and health information.

Kelly and Melanie discussed two cases involving Illinois’s Biometric Information Privacy Act (BIPA), Cothron v. White Castle and Rogers v. BNSF Railway Co.

“These cases are important to watch for their potential to influence expected damages in future BIPA cases,” they said. “Most BIPA cases have settled prior to trial, and there are not any significant cases that test the law in court to demonstrate how a jury may award damages.”

Since these cases are the first to go to trial under the BIPA on the issue of damages, there will be precedent set for future lawsuits.

The attorneys also discussed Meta Pixel in three related cases: John v. Advocate Aurora Health Inc., Jane Doe v. Regents of the University of California, and John Doe v. Meta Platforms. Given the extensive data recorded and tracking conducted by Meta Pixel, a number of cyber and legal concerns have risen. These include data breaches on healthcare websites and alleged use of healthcare information for targeted advertisements.

“The effects of a cyberbreach have a broad reach. Attorneys should be aware of these pivotal decisions and outcomes as it is likely that such breaches could affect their clients and their practice,” they concluded.

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READ THE FULL ARTICLE: “BIPA, Meta Pixel Suits Could Reshape Cybersecurity Litigation,” Law360, July 21, 2023 [Subscription Required]