Illinois’ Intent Loomed Over BIPA Retroactivity Appellate Debate

If the Illinois Legislature didn’t want amendments to its Biometric Information Privacy Act to apply retroactively, it knows how to and should’ve been explicit, counsel for Union Pacific Railroad Company told the Seventh Circuit during oral arguments Thursday.

One judge from the US Court of Appeals for the Seventh Circuit asked Gary Feinerman of Latham Watkins LLP—arguing for Union Pacific and other companies—if he knew what the sponsors of the amendments were referring to “with respect to their comments about judicial notice of the ...