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Raymond Lu is a litigator who handles a wide range of complex commercial disputes and class actions in federal and state courts. He represents clients in the technology, financial, and pharmaceutical industries, among others, and maintains an active pro bono practice.

The Illinois Supreme Court recently held that all claims brought under the Biometric Information Privacy Act (“BIPA”) are subject to a five-year statute of limitations, partly overturning a lower court decision that had applied a one-year limitations period to some claims brought under the law.  See Tims v. Black Horse Carriers, Inc., 2023 IL 127801 (Feb. 2, 2023).

The plaintiff, Jorome Tims, filed a putative class action against his former employer, alleging that the trucking and logistics company violated BIPA by requiring its employees to use a time clock with a fingerprint scanner without (i) implementing a publicly available data retention and destruction policy; (ii) notifying employees and obtaining their consent when collecting their biometrics; and (iii) obtaining employee consent before disclosing their biometric information to third parties.  The defendant moved to dismiss the complaint, arguing that the plaintiff’s claims were barred by the one-year statute of limitations under the Illinois Code of Civil Procedure that governs actions for the “publication of matter[s] violating the right of privacy.”

Continue Reading Illinois Supreme Court Holds Five-Year Statute of Limitations Applies to All Claims under BIPA

A court in the District of Kansas recently remanded a data breach class action against a hospital to state court for lack of standing, holding that the named plaintiffs had failed to demonstrate any injury in fact that was fairly traceable to the exposure of their personal and health information.  See Memorandum and Order, Blood v. Labette County Medical Center, No. 5:22-cv-04036-HLT-KGG (D. Kansas Oct. 20, 2022), ECF 27.

Continue Reading Hospital Data Breach Class Action Fails Due to “Speculative” Injury