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Welcome back for another week of What’s Next, where we report on the intersection of law and technology. Today, we have a look at biometrics law and privacy. Also, tech companies are moving into the financial services arena, which could create some regulatory headaches if legal departments are not looped in early. And does a new copyright law in the European Union mean the end of memes and gifs? All of that, and more, below.

For those tracking litigation over biometric data, a decision from the Illinois Supreme Court in late January was a game changer. In Rosenbach v. Six Flags Entertainment, the court held that a violation of the state’s Biometric Information Privacy Act, or BIPA, is enough to confer standing even without a concrete showing of harm. Cue the class actions!

Morrison & Foerster partner Julie O’Neill and associate Max Phillip Zidel recently wrote about the decision, highlighting the emerging conflict on BIPA between state and federal courts. We checked in for their take on the standing question and to ask how companies can collect and use biometric data without becoming an easy target for litigation.

What types of businesses need to be aware of the laws around biometric data? Are more companies collecting this data than one might assume?

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