Peter Selvin

In an October 19, 2021 decision in Twin City Fire Insurance Co. v. Vonachen Services, Inc., the Northern District of Illinois, applying Illinois law, addressed key insurance coverage issues under the D&O and EPL coverage parts of a management liability insurance policy. In the following guest post, Peter Selvin reviews and analyzes the decision. Selvin is a partner with Los Angeles-based Ervin Cohen & Jessup. A version of this article previously was published in the LA Daily Journal. I would like to thank Peter for allowing me to publish his article on my site. I welcome guest post submissions from responsible authors on topics of interest to this blog’s readers. Please contact me directly if you would like to submit a guest post. Here is Peter’s article.
Continue Reading Guest Post: Court Addresses Biometric Claims and Insurance Issues

In my recent roundup of top D&O stories, I identified privacy as among the top issues for concern in the corporate liability environment. In identifying privacy as a top concern, one specific thing I had in mind was the threat of class action litigation under the Illinois Biometric Privacy Act (BIPA). As if to underscore the significance of corporate exposure from privacy issues, on January 6, 2021, a bipartisan group of New York legislators introduced biometric privacy legislation that, notably, would include remedies along the lines of the Illinois statute. Although there may be reasons to question whether the proposed New York legislation will be enacted, even just its proposal is a concern and underscores the growing importance of privacy issues generally.
Continue Reading New York Legislators Introduce Proposed Biometric Privacy Act with Private Right of Action

The Illinois Biometric Information Privacy Act (BIPA) has been on the books for more than a decade. However, as a result of a January 2019 decision by the Illinois Supreme Court, the statute’s requirements and potential liabilities have become a much more serious concern. Moreover, a number of states have passed or are considering legislation similar to or designed to address the same concerns as the Illinois BIPA. This kind of privacy legislation represents a significant potential corporate liability exposure. As discussed further below, biometric data privacy-related claims present some complicated insurance coverage issues.
Continue Reading The Complicated Threat of Biometric Data Privacy Class Actions