Do You Have Insurance Coverage for That Fingerprint? Liability and Insurance Issues Arising Out of Biometrics

  • Organizer: Anderson Kill
  • Location: Webinar
  • Date: July 25, 2023
  • Time: 01:00 PM-02:00 PM
  • Cort T. Malone
  • Co-Chair, Biometric Liability Group
  • Anderson Kill
  • John M. Leonard
  • Co-Chair, Biometric Liability Group
  • Anderson Kill
  • Kenneth N. Rashbaum
  • Partner
  • Barton LLP
  • Ann M. Longmore
  • Senior Account Associate
  • Marsh McLennan Agency LLC (Northeast)
  • Marc Schein, CIC, CLCS
  • National Co-Chair, Cyber Center of Excellence
  • Marsh McLennan Agency LLC

Learn about the basics of biometric technology, how companies are using it, and how governments are trying to regulate its use via privacy laws that seek to protect individuals’ biometric information. Review some of the claims—and resulting settlements—that have been brought under the Illinois Biometric Information Privacy Act (BIPA), and the resulting potentially massive liability concerns for both businesses and the insurance industry alike. Consider New York City’s recently enacted Biometric Identifier Information Law, which bans the sale of biometric data and imposes notice requirements on certain businesses that use biometric technology, and the status of pending New York State law that mimics BIPA and could lead to an avalanche of class action litigation. Evaluate how laws like BIPA apply—where violation, not injury creates a claim—and how insurance companies have attempted to evade liability despite frequent court rulings finding in favor of insurance coverage under general liability and employment practices liability insurance policies for such claims. Finally, examine how the insurance world is reacting to these biometric privacy issues, including the status of the marketplace and new BIPA and biometric-specific exclusions.


CLE APPROVED – Anderson Kill is an approved CLE provider in New York and New Jersey. This program is appropriate for newly admitted and experience attorneys.

NY 1.0 PP
NJ 1.0 General


NY 1.0 General
NJ 1.0 General

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