Clark Kaericher | Vice President, Government Affairs | 217-522-5512 ext. 296

September 25th, 2020

The Technology Council seeks to aggressively and proactively promote the interests of the Illinois technology community by advocating for public policy that fosters innovation and promotes economic growth. The Council will seek to promote workforce development policies, advocate for world-class technology infrastructure, avoid overregulation on the industry and support innovators access to the capital they need to grow.
Hello everyone, there is a lot to celebrate as it's less than 40 days until Election Day and Big Ten football is back. Nothing can keep me down this week, not even hosting my daughter's birthday party full of 5 year olds with a mask mandate.

Illinois Appellate Court Hands Down Significant BIPA Ruling 

In McDonald v. Symphony Bronzeville Park LLC, 2020 IL App (1st) 192398 (issued September 18, 2020), the Appellate Court ruled the exclusivity provisions of the Workers' Compensation Act do not bar a claim for statutory, liquidated damages, where such damages arise under Illinois' Biometric Information Privacy Act where an employer is alleged to have violated an employee's statutory privacy rights under the Biometric Information Privacy Act. The court ruled a claim under the Privacy Act is not the type of "injury" that fits within the purview of the IL Workers' Compensation Act. 

This appellate court ruling is significant as defense counsels have sought to utilize the framework of the Illinois Workers' Compensation Act instead of the BIPA statutory damages arguing that any alleged harm occurred in the context of an employment relationship. A large majority of claims brought under BIPA arise out of a workplace "injury". I put "injury" in quotes as no BIPA plaintiff to date has been able to demonstrate any actual harm. . Since the Workers' Compensation Act would require a actual harm, if biometric cases arising out of an employment relationship were sent through the Workers' Compensation system, plaintiffs would be unable to prevail.  

Illinois Chamber Virtual Technology Conference Will be Held October 15th- Register Now!

Agenda (Subject to Change)
Opening Remarks
Clark Kaericher, Executive Director Technology Council, Illinois Chamber of Commerce
Legislative Update from State Representative Keith Wheeler, Assistant Republican Leader, Illinois State Representative, 50th District, Minority Spokesperson for the Illinois House Cybersecurity

What's new with Illinois' controversial Biometric Information Privacy Act? An update from one of the nation's leading BIPA litigators, Melissa Sievert of Shook, Hardy and Bacon
 Ghosts of Christmas Future? US Chamber Of Commerce  experts provide a looking into the impact of technology legislation across the county that is heading to Illinois.  Lana Skelo, Senior Director of State Legislative Affairs, US Chamber of Commerce and Jordan Crenshaw, Executive Director and Policy Counsel, Chamber Technology Engagement Center

I am very excited for our lineup of speakers and hope you will attend.  You can Register Here

We have a couple of sponsorship opportunities available as well. Please contact Joan Olivier for more information about sponsorships:

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