Justin Kay Quoted in Law360 Article on Noteworthy Cybersecurity and Privacy Cases
Chicago partner Justin Kay was quoted in the Law360 article “Cybersecurity & Privacy Cases to Watch In 2018.” 2018 is expected to be a busy year for cybersecurity and privacy litigation, including a pair of privacy disputes due to be heard by the Supreme Court later in the new year. Law360 profiled several upcoming cases and the notable legal issues they center around.
Justin discussed a trio of biometric disputes involving Facebook, Google, and Shutterfly in which the defendants have argued that applying the Illinois Biometric Information Privacy Act outside of Illinois violates the Constitution’s dormant commerce clause. He noted that “[a]ccepting the dormant commerce clause argument would make it much harder to pursue these cases... [i]t would really restrict the scope of the Illinois law because so much activity goes on beyond Illinois that wouldn't be subject to these suits, so it would be very much focused on only what's happening in the state and classes would be much smaller.”
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