On August 8, 2019, a panel of the Ninth Circuit Court of Appeals affirmed a California district court’s decision allowing plaintiffs to proceed on claims against Facebook under the Illinois Biometric Information Privacy Act (“BIPA”), 740 Ill. Comp. Stat. 14/ (2008). Patel v. Facebook, Inc., 2019 U.S. App. LEXIS 23673. The ruling marks the first federal appellate court decision affirming a broad Article III standing precedent for plaintiffs asserting claims under BIPA – which may impact both BIPA cases as well as data breach cases under the California Consumer Privacy Act (“CCPA”). The appeals court also held that the potential for large statutory damages did not constitute grounds to refuse to certify the proposed class.
Continue Reading Ninth Circuit Affirms Ruling that Plaintiffs Have Article III Standing in Illinois Biometric Privacy Class Action
Anne Johnson Palmer
Anne, a partner in the San Francisco office, has extensive experience in complex commercial litigation matters, with a particular emphasis on class action litigation and corporate disputes. Her practice includes front-line representation in consumer and securities class actions, shareholder derivative actions, and M&A and transaction-related litigation. In addition to representing public companies as well as private equity firms and their portfolio companies in such matters, Anne has led clients through a range of commercial disputes involving unfair competition, antitrust, consumer protection, and business tort claims.
Anne is also a core member of the firm’s data privacy and cybersecurity practice. She has guided clients through forensic investigations and incident response efforts in the wake of large data breaches, and in defending the class action litigation that frequently follows. Anne is part of the firm’s dedicated working group focused on the California Consumer Privacy Act (CCPA). She has counseled clients on how to assess and mitigate the litigation risks introduced by the CCPA, and has presented on the new law at client roundtables that the firm has hosted around the country.
Anne has appeared in federal and state courts in California and a number of other jurisdictions, and in multidistrict litigations. In 2018, Anne was recognized by the Daily Journal in its “Top 40 Under 40” list of leading California attorneys. Anne is a member of the Women’s Forum Steering Committee at Ropes & Gray, and serves as one of the Hiring Partners for the firm’s San Francisco office.