Employee Privacy

Employers collect, store and manage more data about their employees than ever before, creating unprecedented privacy complexities as well as significant compliance issues. Evolving technologies designed to support employer efficiency, including artificial intelligence (AI), digital monitoring and biometric authentication, as well as the collection and use of sensitive personal information for diversity initiatives and other employee programs, create novel risks.

Successfully defending purported class action employee privacy claims resulting from alleged data breaches.
Obtaining dismissal of FCRA claims resulting from alleged data breaches.
Successfully litigating online defamation claims for businesses and obtaining an injunction prohibiting a former employee’s cyberattacks.
Winning a published appellate opinion breaking new ground on privacy and confidentiality.
Successfully litigating Illinois BIPA claims and other biometric privacy claims nationally, including face scan and fingerprint scan timekeeping claims.
Advising companies concerning managing workplace data in the work-from-home and hybrid work environments, including internationally.
Advised on compliant design of employers’ COVID-19 health and safety programs, including the appropriate collection and retention of temperature, test and symptom data.
Counseling about, advising on compliance with, and litigating matters involving interception and surveillance issues, including the CFAA, the Electronic Communications Privacy Act, the Stored Communications Act and the Wiretap Act.
Litigating defamation, invasion of privacy, intrusion upon seclusion, public disclosure of private facts, false light and misappropriation claims.
Successfully litigating claims involving conduct outside work, including social media activity monitored by employers.
Defending employers accused of improperly requesting or acting on workplace demographic data, including DEI data.
Assisting clients with data retention and governance policies and practices.