Chicago Law Firm in Hot Water Over Biometric Privacy Concerns

A recent lawsuit filed against Mandell Menkes accuses the firm of violating Illinois' Biometric Information Privacy Act (BIPA).

Chicago Law Firm in Hot Water Over Biometric Privacy Concerns

In a world where technology is advancing at an unprecedented rate, the ethical and legal implications of biometric data collection are becoming increasingly important. A recent lawsuit filed against a Chicago law firm, Mandell Menkes, brings these concerns to the forefront. The firm is accused of violating Illinois' Biometric Information Privacy Act (BIPA) by allegedly scanning and storing the fingerprints of a former legal secretary, Nancy Gagen.

Nancy Gagen, who worked at Mandell Menkes from 2006 to 2019, filed a complaint on August 18, 2023, in the Cook County Circuit Court. She alleges that the firm unlawfully collected, used, and stored her "personal biometric identifiers and biometric information" without her consent. According to Gagen, the firm installed a Fingertec Biometric device in 2015 and required her to scan her right index finger at the beginning and end of each workday, as well as during her lunch breaks.

The Biometric Information Privacy Act (BIPA) was enacted in Illinois in 2008 to regulate the collection and storage of biometric data. The law mandates that companies must inform individuals why and for how long their biometric data will be stored. Gagen claims that Mandell Menkes failed to provide this information and never obtained her written consent for the data collection.

The lawsuit emphasizes that this is Gagen's "one and only chance" to seek compensation for the alleged violations. The complaint also warns about the potential future risks of losing control over personal biometric data, stating that the "full ramifications of biometric technology are not fully known."

Gagen is seeking statutory damages, and as of now, neither the counsel for Gagen nor Mandell Menkes have responded to requests for comment.

Customer Stories

See how leading enterprise in-house teams have scaled smarter with Legal.io's high-caliber flex talent.

More from Legal.io


May 19, 2023 Edition #159
May 19, 2023 Edition #159

Published weekly on Friday, the Legal.io Newsletter covers the latest in legal, talent & tech

May 19, 2023
Read More
Four Practices to Power Big Law Growth in 2024
Four Practices to Power Big Law Growth in 2024

Antitrust, M&A, litigation, and restructuring drive Big Law's growth engine this year.

Jan 04, 2024
Read More
Community Perspectives: What do you keep in-house and what do you outsource to outside counsel?
Community Perspectives: What do you keep in-house and what do you outsource to outside counsel?

In-house legal professionals talk about how they manage in-house vs. outside counsel duties.

Feb 23, 2023
Read More
Major Law Firms Join AI Training Consortium
Major Law Firms Join AI Training Consortium

Hogan Lovells, Norton Rose and other major law firms partner with SkillBurst Interactive to help provide specialized AI training.

Oct 05, 2023
Read More
Legal.io Newsletter - December 16, 2022 Edition #137
Legal.io Newsletter - December 16, 2022 Edition #137

Published weekly on Friday, the Legal.io Newsletter covers the latest in legal, talent & tech.

Dec 16, 2022
Read More
Ready to hire?

Schedule a free consultation to discuss your hiring needs.

Free 15-min consultation
Legal.io Platform
5 star reviews
Hiring made smarter

Easy-to-use platform for hiring legal talent, managing spend, and optimizing your panel — plus an average savings of 50%.

Need Immediate Help?

Submit a hiring request and let our experts handle the entire process for you.