Hunter Ferguson

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Illinois Court of Appeals: Statute of Limitations for Most Biometric Privacy Claims Remains at Five Years

In Illinois, the Biometric Information Privacy Act (“BIPA”) regulates the collection and use of “biometric information” such as fingerprints, facial images, and voice records.  It imposes significant penalties and has generated a cottage industry of class action litigation—hundreds of cases have been filed and millions of dollars in liability have been assessed.  It is also … Continue Reading

Don’t let Cyber Insurance be Your Cybersecurity Plan

In a recent letter to insurers, the New York State Department of Financial Services (“NYDFS”) acknowledged the key role cyber insurance plays in managing and reducing cyber risk – while also warning insurers that they could be writing policies that have the “perverse effect of increasing cyber risk.” If a cyber insurance policy does not … Continue Reading

Portland’s New Facial Recognition Ban Increases Litigation Risk, Creates Uncertainty

Is your business using or thinking of using facial recognition technology for activities in Portland, Oregon? Think again. That’s the message to businesses operating in Portland in a new ordinance that broadly bans the use of facial recognition technology in the city, subject to certain exceptions. The ordinance, which took effect January 1, 2021, restricts … Continue Reading

Working from Home? Here are 12 Steps to Reduce Data Privacy and Security Risk

Businesses are instituting widespread remote work policies and procedures to facilitate social distancing and “flatten the curve.” Enterprises simultaneously need to be mindful of increased data privacy and security risks. The risks can range from pandemic-related phishing emails to increased pressure on network architecture to well-intentioned employee shortcuts. Hackers will try to take advantage of … Continue Reading

Family Educational Rights and Privacy Act in the Age of COVID-19

The U.S. Department of Education released some FAQs related to the Family Educational Rights and Privacy Act (FERPA) and corona virus. The Department’s Student Privacy Policy Office prepared the FAQs to assist officials in educational agencies and institutions such as school districts, schools, colleges and universities in managing public health issues related to COVID-19 while … Continue Reading

CCPA is Coming – Is Your Business Prepared For The Data Requests & Lawsuits?

Does your business collect personal information from residents in California? Does it monitor user activity on its website? If so, there is a good chance it will need to comply with the California Consumer Privacy Act (“CCPA”), which takes effect January 1, 2020. Following the European Union’s implementation of GDPR, California adopted the CCPA, which … Continue Reading

Privacy Attorney Dustin Berger Achieves (ISC)2 CISSP Certification

Stoel Rives LLP is pleased to announce that information privacy & data security attorney Dustin Berger has been recognized as an (ISC)2 Certified Information Systems Security Professional (CISSP). This certification demonstrates an individual’s understanding of cybersecurity strategy and its hands-on implementation. It also confirms that the holder has the advanced knowledge and technical skills to … Continue Reading
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