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In a much-anticipated decision, the Illinois Appellate Court for the First District has ruled that two separate statutes of limitations apply to violations of the Illinois Biometric Information Privacy Act (“BIPA” or the “Act”). Specifically, the court in Tims v. Black Horse Carriers, Inc., 2021 IL App (1st) 200563 (Sept. 17, 2021), held that violations of Sections 15(c) and (d) of the Act must be brought within one year, while violations of Sections 15(a), (b) and (e) must be brought within five years.

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Photo of Kara E. Angeletti Kara E. Angeletti

Kara E. Angeletti is an associate in the Labor and Employment practice group. Kara focuses her practice on matters involving employment discrimination, retaliation, harassment, wage-and-hour, and trade secret claims. She has experience handling all stages of litigation, including analyzing a case from its…

Kara E. Angeletti is an associate in the Labor and Employment practice group. Kara focuses her practice on matters involving employment discrimination, retaliation, harassment, wage-and-hour, and trade secret claims. She has experience handling all stages of litigation, including analyzing a case from its inception to presenting it on appeal. In addition to litigation, Kara also assists in counseling employers and drafting employment documents on issues involving employment termination, mass layoffs and plant closings, and health and safety precautions.

Prior to joining Greenberg Traurig, Kara also gained experience handling cases involving negligence, contractual disputes, insurance coverage and indemnity agreements, consumer fraud, section 1983 claims, prisoner’s rights issues, and professional liability.

Photo of Frank Citera Frank Citera

Francis A. “Frank” Citera is a nationally-recognized trial lawyer representing clients in product liability, toxic torts, class actions and other complex litigation matters in federal and state courts. Frank has over 35 years of experience and is co-chair of the firm’s Product Liability

Francis A. “Frank” Citera is a nationally-recognized trial lawyer representing clients in product liability, toxic torts, class actions and other complex litigation matters in federal and state courts. Frank has over 35 years of experience and is co-chair of the firm’s Product Liability and Mass Torts Litigation Practice and co-chairs the Chicago Litigation Practice. An experienced architect of litigation strategies, Frank defends companies in various industries and business sectors including retailers such as Albertson’s, Claire’s Stores, Inc., Sears, and Whole Foods to technology and electronics companies like Qualcomm, Sony Electronics, and Underwriters Laboratories. He has achieved success in defeating class certification, disputing alleged claims in court, and obtaining summary judgments and outright dismissals prior to trial.

Ranked in Chambers USA for Product Liability: Consumer Class Actions (Band 2), Frank handles multi-state consumer class actions and often serves as national coordinating counsel for companies facing multidistrict and overlapping class action proceedings. He advises clients on risk management, crisis management and communications, and product safety matters and has appeared before federal and state agencies such as the Consumer Product Safety Commission, the National Highway Traffic Safety Administration, the Food and Drug Administration, and the National Transportation Safety Board. Frank has been recognized by Chambers USA and Leading Lawyers Network, and The Legal 500 United States describes him as being “highly experienced and capable” and “renowned for his toxic tort and product liability work.”

Photo of Brett M. Doran Brett M. Doran

Brett Doran focuses his practice on class action defense and privacy litigation in federal and state courts, arbitration, and enforcement actions. He defends clients in consumer and product liability litigation, including class actions, and matters involving the Illinois Biometric Information Privacy Act (BIPA)…

Brett Doran focuses his practice on class action defense and privacy litigation in federal and state courts, arbitration, and enforcement actions. He defends clients in consumer and product liability litigation, including class actions, and matters involving the Illinois Biometric Information Privacy Act (BIPA), the Telephone Consumer Protection Act (TCPA) and other federal and state laws.

Photo of Tiffany Fordyce Tiffany Fordyce

Tiffany S. Fordyce is Co-Chair of the firm’s Labor & Employment Practice’s Workforce Compliance & Regulatory Enforcement group and Co-Chair of the Chicago Labor & Employment Practice. She concentrates her practice on commercial litigation, with an emphasis on labor and employment. Her employment…

Tiffany S. Fordyce is Co-Chair of the firm’s Labor & Employment Practice’s Workforce Compliance & Regulatory Enforcement group and Co-Chair of the Chicago Labor & Employment Practice. She concentrates her practice on commercial litigation, with an emphasis on labor and employment. Her employment litigation practice includes virtually all types of discrimination and retaliation claims, wage and hour claims, trade secret misappropriation claims, whistleblower claims, restrictive covenants, Fair Credit Reporting Act claims, Illinois Biometric Information Privacy Act (BIPA) claims and WARN Act claims. Tiffany defends single plaintiff, class action and collective action employment cases. Tiffany represents employers in federal, state and administrative courts, as well as before administrative agencies.

In addition to litigation, Tiffany also presents group and one-on-one employment training seminars. She advises clients on how to avoid litigation by counseling on employment related matters such as managing leave policies, responding to employee performance issues, national and local reductions in force, handbooks, BIPA compliance, drug testing policies, employment and consulting agreements, severance packages, social media policies, proper employee classification, and non-competition and separation agreements. She also is frequently called upon to conduct investigations and audit human resources practices and protocols, including as it relates to pay equity, whistleblower, harassment and discrimination complaints.

Photo of Gregory E. Ostfeld Gregory E. Ostfeld

Gregory E. Ostfeld is Vice Chair of the firm’s Pharmaceutical Medical Device & Health Care Litigation Practice and Co-Chair of the Chicago Litigation Practice. For more than two decades, Greg has focused on providing outstanding representation and exceptional service to clients in regulated…

Gregory E. Ostfeld is Vice Chair of the firm’s Pharmaceutical Medical Device & Health Care Litigation Practice and Co-Chair of the Chicago Litigation Practice. For more than two decades, Greg has focused on providing outstanding representation and exceptional service to clients in regulated industries, with a focus on pharmaceutical and medical device companies, the financial services sector, and the consumer products sector.  Greg focuses his litigation and appellate practice on class actions, products liability, and other high-stakes litigation, combining innovative strategies with a deep understanding and appreciation of his clients’ business goals and objectives to deliver superior outcomes. Greg’s litigation practice is nationwide; he has handled individual, multi-district, and consolidated cases at the trial court level in dozens of states, and has led appeals in nearly every federal appellate court and approximately two dozen state appellate courts. The pillars of Greg’s practice are: understanding the client’s business; frequent and consistent communication and collaboration; tailoring legal strategy to client objectives; and principled representation meeting the highest standards of professionalism.