In May 2022, the Illinois Supreme Court heard oral arguments in Cothron v. White Castle System, Inc. — a case that will have a substantial impact on the liability for violating the Illinois Biometric Information Privacy Act (“BIPA”).  BIPA is considered to be among the most robust law in the U.S. governing biometric privacy, and Illinois is among the few jurisdictions permitting private suits for the unlawful collection, storage of such data.  Since its inception in 2008, BIPA has been the source of a flurry of lawsuits, many of which have resulted in substantial settlements.  The court is set to determine how to calculate the number of individual BIPA violations, whether damages accrue each time an employee scans her fingerprint, or whether the first recorded scan is the sole violation.  If the Illinois high court determines that damages accrue with each scan and BIPA violations are ongoing, then the potential damages for BIPA lawsuits would increase exponentially and open a flood of new claims.  Fortunately, insurance policyholders have had recent success arguing that coverage exists for BIPA violations under Commercial General Liability (“CGL”) policies.  A plaintiff-friendly ruling in the Cothron case would make the ability to recover under these policies even more important, and potentially open additional avenues for recovery.  In anticipation of this important ruling, this article provides a brief background on BIPA and summarizes the key decisions relating to insurance recovery of BIPA damages.

Linden Capital Partners has completed its acquisition of Aspirion from Aquiline Capital Partners, according to a news release.

Aspirion, based in Columbus, Ga., is a full-service revenue cycle management company. Founded in 2006, the company specializes in motor vehicle accident, third-party liability, workers’ compensation, Veterans Administration, out-of-state Medicaid, and Medicaid eligibility and enrollment…

Last month, the Supreme Court granted certiorari in United States ex rel. Polansky v. Executive Health Resources, Inc., a case presenting the question whether the federal government forfeits the authority to dismiss False Claims Act (FCA) suits brought in its name if it first declines to intervene in them.

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The Riverside Company has announced it has acquired Rockpointe.

Rockpointe, based in Columbia, Md., is a healthcare education company. Founded in 1995, the company provides accredited continuing education activities and related training for healthcare professionals.

Riverside Co., co-headquartered in Cleveland and New York, focuses on acquiring and investing in growing businesses valued at…

Great Point Partners (GPP) has announced a growth investment in Ephicacy Consulting Group.

Ephicacy, based in Iselin, N.J., is a biometrics contract research organization. Founded in 2005, the company provides outsourced statistical programming, data management and “real-world” evidence analytics services to pharmaceutical and biotechnology companies.

GPP, based in Greenwich, Conn., is a private…

Securities and Exchange Commission v. Boron Capital, LLC et al. was filed in the Northern District Court of Texas, Lubbock Division on June 14, 2022, claiming violations of several provisions of the Securities Act and Securities Exchange Act. Specifically, the SEC seeks permanent injunctive relief against all Defendants to prevent future violations of the federal securities laws, disgorgement of any ill-gotten gains, and civil penalties.

The SEC brought this action against Boron Capital, LLC (“Boron”), BC Holdings 2017, LLC (“BC Holdings”), United BNB Fund 2018, LLC (“United”), and Blake Robert Templeton (“Templeton”) (collectively, “Defendants”).

Templeton founded Boron, a Nevada limited liability company, in order to operate a real estate business, and Templeton serves as its CEO and managing member. Templeton also controls Defendants United and BC Holdings. United is a Texas limited liability company formed by Templeton that operates as an investment fund managed by Boron. BC Holdings is a Wyoming limited liability company wholly owned by Templeton through which he offered and sold promissory notes in connection with his real estate business.  Templeton offered and sold securities to investors in three forms: (1) promissory notes issued by Defendant Boron; (2) investment units in Defendant United; and (3) promissory notes issued by Defendant BC Holdings.

Last month, the U.S. Court of Appeals for the Seventh Circuit affirmed summary judgement against an employee-whistleblower who had claimed that her former employer retaliated against her in violation of the False Claims Act’s (FCA) whistleblower protection provision. Lam v. Springs Window Fashions, LLC, 37 F.4th 431 (7th Cir. 2022). The court held that…

WindRose Health Investors has acquired Ganse Apothecary, according to a news release.

Ganse, based in Lancaster, Pa., is a closed-door, long-term care and specialty pharmacy. Founded in 1971, the pharmacy supports patients suffering from severe and persistent mental illness and intellectual and developmental disabilities.

WindRose, based in New York, pursues control equity…