In the past year, plaintiffs have filed a wave of lawsuits asserting claims under the Video Privacy Protection Act (“VPPA”) in connection with the alleged use of third-party pixels on websites that offer video content. A recent decision establishes the limits of the VPPA’s reach and provides a well-reasoned ground
Continue Reading Recent Decision Dismissing VPPA Class Action Claim Shows Limits of VPPA’s ReachEric Bosset
Eric Bosset is a senior counsel whose practice encompasses a broad range of complex litigation matters, with an emphasis on (1) privacy, data security and consumer protection, (2) employment and ERISA, and (3) financial products and services. Eric has extensive experience in class actions, MDL proceedings, and other multi-party lawsuits. His trial victories include a jury verdict in an employment class action lawsuit that The National Law Journal ranked among the 25 most notable defense verdicts of the year.
Privacy and Consumer Protection
Eric was named "Most Valuable Player" in Privacy & Consumer Protection by Law360. He has an extensive practice representing Internet service providers, publishers and advertisers in class action litigation involving claims of unauthorized collection and disclosure of personally identifiable information ("PII"). He has successfully represented Microsoft, AOL, CBS, McDonald’s, Mazda, the Indianapolis Colts, and other companies in obtaining the dismissals of putative class action lawsuits that asserted federal law claims under the Electronic Communications Privacy Act ("ECPA"), Computer Fraud and Abuse Act ("CFAA"), and Video Privacy Protection Act ("VPPA"), as well as state law claims under the Illinois Biometric Information Privacy Act ("BIPA") and for unfair practices, trespass, and invasion of privacy.
Eric also represents companies in connection with matters arising under the Fair Credit Reporting Act ("FCRA"), Fair and Accurate Credit Transaction Act ("FACTA"), Telephone Consumer Protection Act ("TCPA"), and other consumer protection statutes.
Employment and ERISA
Eric has extensive experience defending companies in individual and class action litigation brought under federal and state laws concerning discrimination, retaliation, whistleblowing, wage and hour disputes, and wrongful termination, as well as in class action litigation involving the Employee Retirement Income Security Act ("ERISA"). Eric has the rare distinction of having tried and won a jury verdict in a class action lawsuit alleging "pattern or practice" discrimination on the basis of age in connection with a corporate reduction in force. Bush, et al. v. Deere & Company (C.D. Ill.). He also secured the reversal on appeal of a class certification order in a "stock drop" lawsuit that claimed breaches of fiduciary duty in the administration of a company retirement savings plan. In re Schering Plough Corporation ERISA Litig., 589 F.3d 585 (3d Cir. 2009). Eric also represents clients in EEOC investigations.
Financial and Fintech
Eric's practice includes the representation of financial and fintech companies on a broad array of civil litigation, arbitration, and regulatory enforcement matters relating to financial products and services, including matters for Wells Fargo Bank, JPMorgan Chase, Synchrony Bank, Envestnet, Yodlee, and MidFirst Bank.
Emerging Trends: Renewed Wave of Video Privacy Class Actions
Recent months have seen a growing trend of data privacy class actions asserting claims for alleged violations of federal and state video privacy laws. In this year alone, plaintiffs have filed dozens of new class actions in courts across the country asserting claims under the federal Video Privacy Protection Act…
Continue Reading Emerging Trends: Renewed Wave of Video Privacy Class ActionsFourth Circuit Holds Statements About Importance of Data Security Not Actionable
In a new post on the Inside Class Actions blog, our colleagues discuss a recent Fourth Circuit opinion holding that statements about the importance a company places on data security are not actionable following a data breach. The case, In re Marriott International, Inc., — F.4th —-, No. …
Continue Reading Fourth Circuit Holds Statements About Importance of Data Security Not Actionable
Court Rejects Dismissal of Illinois Biometric Information Privacy Act Against Clearview AI in Pending Multidistrict Litigation
An Illinois federal district court recently rejected dismissal of Illinois Biometric Information Privacy Act (“BIPA”) claims in In re Clearview AI, Inc., Consumer Privacy Litigation, No. 21-cv-135 (N.D. Ill.). The Clearview plaintiffs alleged that Clearview violated their privacy rights without their knowledge and consent by scraping more than three…
Continue Reading Court Rejects Dismissal of Illinois Biometric Information Privacy Act Against Clearview AI in Pending Multidistrict Litigation
Illinois Supreme Court Rules Workers’ Compensation Act Does Not Bar BIPA Liquidated Damages Claims
On Thursday, the Illinois Supreme Court unanimously ruled in McDonald v. Symphony Bronzeville Park LLC that the exclusivity provisions of the state’s workers’ compensation statute do not preclude liquidated damages claims under the Biometric Information Privacy Act. The decision narrows the defenses available to employers facing employment-related BIPA claims.