Mark Eisen Quoted in Crain’s Chicago | “The Latest Illinois Biometric Privacy Lawsuit Target: Steak ‘n Shake”

Mark Eisen, a partner in Benesch’s Litigation Practice Group, was quoted in Crain’s Chicago discussing the shifting legal landscape of biometric privacy lawsuits. The article highlights a lawsuit against Steak ‘n Shake for allegedly violating Illinois’ Biometric Information Privacy Act (BIPA) by using facial recognition technology in its ordering kiosks. Illinois, known for having one of the strictest biometric privacy laws in the country, has seen a wave of similar lawsuits this year, including cases involving White Castle and Crate & Barrel.

“The nature of the biometric cases are evolving again post-pandemic,” said Eisen. “There is a much greater need for usage of technology that requires less face-to-face interaction. The evolution of technology has sparked a new iteration of these cases that I don’t think we otherwise would have seen.”

Read the full article here.