Alan S. Wernick Analyzes Illinois BIPA Damages Issue and Implications


Aronberg Goldgehn’s Alan S. Wernick discussed the outcome of the first-ever Biometric Information Privacy Act (BIPA) trial in the American Bar Association’s Business Law Today, Month-In-Brief: Internet Law & Cyber-Security.

In the trial of Richard Rogers, individually and on behalf of similarly situated individuals, Plaintiff, v. BNSF Railway Company, Rogers' class of more than 44,000 truck drivers sued BNSF Railway on allegations of 45,600 willful or reckless BIPA violations. Based on the BIPA provided rule stating that each time a company intentionally or recklessly violates the act, the plaintiff may recover the greater of liquidated damages of $5,000 or actual damages, the jury awarded the Rogers’ class $228 million.

Both parties filed motions regarding the jury’s judgment:

  • BNSF moved for entry of judgment in its favor as a matter of law, and in the alternative moved for a new trial or to alter or amend the damages award
  • Rogers moved to amend the judgment and for a partial new trial

As the U.S. District Court approved BNSF’s motion for a new trial to reevaluate the issue of damages, Alan stated the outcome of the pending trial regarding the damages issue may clarify BIPA’s damages calculations.

Read the full article here.

Alan is a business transactions attorney and advocate, with a background in accounting and technology, who focuses on matters of information technology, privacy/cybersecurity and intellectual property law. His in-depth experience as a seasoned legal counselor and advocate, arbitrator and mediator and as a bridge builder among business, technology and intellectual property communities is well respected by individuals across professional industries.

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