Shows
The AI Arena - Skate to The Puck: A Lewis Brisbois PodcastThe “Skate” Toward AI Advancement and Regulation (feat. Mary Smigielski & Josh Kantrow)In the inaugural episode of The AI Arena—Skate to the Puck podcast, our co-hosts Sean and Daron welcome Mary Smigielski and Josh Kantrow, co-chairs of Lewis Brisbois’ pioneering BIPA (Biometric Information Privacy Act) practice and hosts of The BIPA Radar podcast. Mary and Josh draw parallels between regulation around biometric information and artificial intelligence, and how businesses of all sizes should be focused on looking forward to make sure they stay ahead of the incoming regulation around AI. Sean and Daron also discuss the intersection between AI and various aspects of the law, including public...2024-01-1630 min
The BIPA Radar: A Lewis Brisbois PodcastThe Intersection of Biometrics & Artificial Intelligence (feat. Sean Shecter & Daron Watts)In Episode 8 of The BIPA Radar, co-hosts Mary and Josh discuss a notable Illinois Supreme Court decision relating to the scope of the Illinois Biometric Information Privacy Act (BIPA). In Mosby v. Ingalls Memorial Hospital, the court unanimously decided that BIPA’s health care exemption extends to all biometric information collected, used, or stored for treatment, payment, and operations, and is not simply limited to patient biometrics such as fingerprint scans. In what has been a busy year for BIPA decisions, Mosby v. Ingalls Memorial Hospital signifies the first decision where the Illinois Supreme Court adopted the defendants’ proposed inte...2023-12-2039 min
The BIPA Radar: A Lewis Brisbois PodcastBIPA Class Actions Explode as Small Businesses Struggle with LawsuitsIn Episode 7 of The BIPA Radar, our co-hosts Mary and Josh dive into an eventful summer for the BIPA litigation landscape, as the number of class action lawsuits concerning the Act continues to skyrocket. The Illinois Supreme Court recently denied national restaurant chain White Castle’s petition for rehearing in Cothron v. White Castle, a case which dominated headlines in February when the court ruled that a separate claim accrues under BIPA each and every time a private entity collects or discloses a biometric identifier or information. Cases alleging violations of BIPA jumped over 65% in Illinois circuit courts in th...2023-08-0726 min
The BIPA Radar: A Lewis Brisbois PodcastRisk Transfer: Navigating BIPA Insurance Policies (feat. George Manos)Mary and Josh are excited to welcome insurance attorney George Manos to The BIPA Radar! George is a Partner in Lewis Brisbois’ Chicago office, and has focused his practice on insurance coverage claims and disputes throughout the country. In Episode 6, George breaks down insurance ramifications from the hotly anticipated Illinois Supreme Court decisions in Cothron v. White Castle Systems and Tims v. Black Horse Carriers, which may implicate more insurance policies that were issued several years ago. George also discusses the differences between occurrence-based and claims-made policies, whether general liability insurance can cover BIPA claims, and predictions for the fu...2023-04-1032 min
The BIPA Radar: A Lewis Brisbois PodcastWhat the Cothron v. White Castle Ruling Means for Future BIPA ClaimsIn Episode 5 of The BIPA Radar, Josh and Mary discuss the Illinois Supreme Court's recent opinions in Cothron v. White Castle Systems, which held that a separate claim accrues under BIPA each and every time a private entity collects or discloses a biometric identifier or information. They also dive into Tims v. Black Horse Carriers, which held that a 5 year statute of limitations applies to all sections of BIPA. This timely conversation highlights the court's reasoning behind its decisions and, critically, its rejection of arguments made by White Castle and numerous business groups that filed amicus briefs in support o...2023-02-2721 min
The BIPA Radar: A Lewis Brisbois PodcastClass Action Settlements: Negotiations & MediationOn the heels of two major Illinois Supreme Court decisions in February, this episode of The BIPA Radar dives into the rising wave of class action cases as a result of the Act, and how these cases have been litigated and settled. Mary and Josh break down last year's decision in the first BIPA case ever tried, which resulted in a $228 million judgment against one of the nation’s largest railway companies. They also discuss how private mediators can serve as neutral parties who assist in facilitating settlements of challenging cases, and the unique role they can play in BI...2023-02-2124 min
The BIPA Radar: A Lewis Brisbois PodcastGetting Compliant: Biometrics That MatterIn this episode of The BIPA Radar, Mary and Josh break down common preconceived notions why companies of all sizes might believe, sometimes mistakenly, that they are exempt from BIPA, including that they: (1) operate outside of Illinois (2) do not actually collect biometric data. Mary and Josh also examine prior cases that businesses can look to for guidance, such as workplace time clocks that utilize finger scans or photographs, more sophisticated technological fingerprints, artificial intelligence for job interviews, and online scans of identity documents with facial recognition technology. Our co-hosts delve into the biometric privacy landscape across the country, and...2023-02-1029 min
The BIPA Radar: A Lewis Brisbois PodcastThe Illinois Supreme Court's Response to BIPAIn Episode 2 of The BIPA Radar, co-hosts Mary and Josh break down key Illinois Supreme Court and Seventh Circuit cases involving defenses raised to BIPA litigation, including Rosenbach v. Six Flags, McDonald v. Symphony Bronzeville Park, Cothron v. White Castle, Tims v. Black Horse Carriers, Miller v. Southwest Airlines Co, and Fernandez v. Carey. This conversation provides insights for employers seeking clarity around whether the Illinois Workers' Compensation Act and certain federal laws pre-empt BIPA lawsuits. Mary and Josh also discuss the statute of limitations on filed claims, the sufficiency of written policies made available to the public that...2023-01-2731 min
The BIPA Radar: A Lewis Brisbois PodcastThe Origins of The Illinois Biometric Information Privacy ActIn Episode 1 of The BIPA Radar, Mary and Josh discuss what biometrics are, how their collection and storage has been handled in the past, and the origins of the Illinois Biometric Information Privacy Act. In the past five years, there has been a rapid rise of BIPA related lawsuits, and companies that do business in Illinois need to comply with a number of requirements, including notifying employees and consumers if their biometric data has been collected and stored with prior written consent. This episode provides key takeaways for employers and insurers in Illinois who are looking ahead at the...2023-01-1222 min