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Illinois Supreme Court BIPA Decision Highlights Need to Pair Strong Privacy Measures with Robust Insurance Coverage

By Peter Halprin, Jeffrey Schulman, and Tae Andrews, from Pasich LLP

Learn about the implications of the decision by the Supreme Court of Illinois in Cothron v. White Castle System, Inc. (February 17, 2023), which determined that violations under the US Biometric Information Privacy Act (BIPA) accrue each time an individual’s biometric data is illegally scanned or transmitted.

Articles

What Employers Need to Know Today About Class and Collective Actions: A View Through 2023’s Cultural, Regulatory and Political Goggles

By Jackson Lewis P.C.

The United States is in the midst of a unique cultural moment. A post-pandemic economy, a fractured political climate, a newly aggressive regulatory state, a deeply conservative U.S. Supreme Court and the relentless advance of technology have profoundly impacted our workplaces. This article looks at some of the class and collective actions at this historic juncture.

Articles

CMS Expert Guide to Digital Litigation

By CMS

This multi-jurisdictional guide highlights several key aspects of digitalization, including among others, online claim filing, virtual hearings, case management systems and the use of these mechanisms in practice. The CMS Expert Guide to Digital Litigation offers a focused comparative analysis of more than 27 jurisdictions worldwide, examining the implementation of digital tools and mechanisms, prevailing legal regulations, ongoing projects as well as the general impact on access to justice and potential risks for businesses.

Articles

Assignment of arbitral claims and arbitral awards: uncertain legal landscape in France (Eversheds Sutherland)

By Eversheds Sutherland

The assignment of arbitral claims and arbitral awards is a fast-growing market practice. When entering into agreements for such assignments, it is crucial to ensure that they comply with all the applicable legal requirements. In this context, the assignee should carefully assess the risks that may arise out of the award debtor's rights pursuant to the provisions of the law applicable at the seat of arbitration and/or at the place(s) of enforcement of the award. Under French law there is a specific mechanism called the right of "retrait litigieux" ("disputed withdrawal"). In accordance with this singular legal mechanism, which is designed as a tool to fight against speculation, when a disputed claim is assigned to a third party in the course of any judicial or arbitral proceedings, the debtor is entitled to discharge its debt by paying the assignee the actual price of the assignment, plus interest and costs, instead of the full amount of the original debt (article 1699 of the French Civil Code ). As has been seen in the FG Hemisphere v Democratic Republic of the Congo saga, the conditions and requirements for exercising the right of retrait litigieux in the context of assignment of arbitral claims or arbitral awards are uncertain under French law.

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