In a recent New York Law Journal article, HSE Partner F. Paul Greene, chair of the firm’s Privacy and Data Security Practice Group, discussed the ongoing litigation risks companies face under Illinois’ Biometric Information Privacy Act (BIPA). The article examines a surge of new class action lawsuits against companies including Microsoft and Walmart, noting that while a 2024 amendment and a subsequent Seventh Circuit ruling reduced potential damages by treating repeated scans of the same person as a single violation, plaintiffs continue to file new kinds of claims. Greene explained that the amendments “certainly curbed some of the fervor in BIPA litigation, but these cases show that it’s still alive and well.” He also cautioned that companies should pay particular attention to their third-party artificial intelligence vendors, ensuring they understand whether and how those vendors collect biometric data rather than relying solely on the vendors’ own representations.