Overview
Overview
O’Hagan Meyer provides strategic defense and compliance counsel to organizations navigating biometric data collection, evolving litigation risks, and regulatory obligations.
The increasing use of biometric technologies, including fingerprint scanning, facial recognition, and retinal identification, has created significant legal exposure for employers and businesses, particularly under statutes such as the Illinois Biometric Information Privacy Act. We work with clients to address these risks through practical, forward-looking strategies designed to reduce exposure and support compliant operations.
Our multidisciplinary team draws on experience in privacy, data protection, class action defense, and labor and employment law to advise clients on implementing and maintaining compliant biometric data practices. We work closely with organizations and their vendors to develop tailored solutions that align with both the technologies used and the operational environment. Our work includes:
- Development and implementation of biometric data policies and procedures
- Drafting of written consents, releases, and retention and destruction schedules
- Risk assessments related to biometric technologies and vendor relationships
- Coordination of vendor agreements and third-party compliance measures
These efforts are designed to identify vulnerabilities early and mitigate risk before claims arise.
Biometric privacy laws, particularly under BIPA, have become a significant source of class action litigation, with statutory damages that can quickly create substantial exposure. We represent employers, franchisors, technology companies, and service providers in state and federal courts facing claims involving:
- Alleged failure to obtain informed consent
- Improper data retention or destruction practices
- Unauthorized collection, use, or disclosure of biometric information
- Data sharing and vendor-related compliance issues
Our team has been involved in biometric privacy litigation from its early stages and has developed defense strategies that respond to evolving case law and aggressive plaintiff theories. We focus on challenging key elements of these cases, including:
- Standing and statutory interpretation
- Class certification requirements
- Scope and calculation of damages
Given the potential exposure in biometric privacy litigation, early case assessment and strategic motion practice are critical. We develop tailored litigation strategies aimed at narrowing claims, limiting liability, or achieving dismissal where appropriate. Our approach often involves:
- Early evaluation of legal and technical issues
- Strategic motion practice targeting threshold defenses
- Coordination with biometric and technical experts
- Analysis of system functionality and compliance practices
Where resolution is appropriate, we guide clients through mediation and settlement strategies designed to manage risk, control costs, and minimize business disruption while addressing reputational considerations.
Biometric privacy law continues to evolve rapidly, with expanding regulation and increased scrutiny across jurisdictions. We help clients stay ahead of these developments by integrating compliance counseling with litigation defense, ensuring that policies and practices remain aligned with current legal standards. Our team provides ongoing support to organizations managing biometric data, helping them balance operational efficiency with legal risk.
