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Josh has nearly two decades of experience representing companies in high-stakes class action litigation, government investigations, and business disputes. A partner in Troutman Pepper’s Privacy + Cyber team and a Certified Information Privacy Professional, he has extensive experience in data breach litigation, having served as one of the court-appointed lead defense counsel for a cloud software company in one of the largest data breach multidistrict litigation proceedings in the U.S. Josh regularly litigates claims under numerous privacy laws, including the FCRA, the DPPA, and the California Consumer Privacy Act.

Q: Does a BIPA claim accrue each time a person’s biometrics are scanned or only with the first such scan?

A: A BIPA claim accrues with each scan.

On February 17, the Illinois Supreme Court issued its long-awaited decision in Cothron v. White Castle, holding that a claim under Illinois’ Biometric Information Privacy Act (BIPA) is triggered upon each biometric scan, rather than just the first. The court’s 4-3 decision significantly expands the exposure BIPA defendants face.Continue Reading Illinois Supreme Court Rules BIPA Claims Accrue With Each Scan