Trade Associations Urge Illinois High Court to Reconsider BIPA Decision in Cothron

Nadine Abrahams is office managing principal of the Chicago, Illinois, office of Jackson Lewis P.C. She represents management in employment cases in federal and state courts and before administrative agencies. Prior to joining Jackson Lewis, Nadine was a partner with another prominent national labor and employment firm. She previously was senior counsel for the Employment Litigation Division of the City of Chicago Law Department. She has been based in Chicago her entire career and has extensive experience litigating all forms of labor and employment matters throughout the Midwest, in federal courts, state courts, and before administrative agencies. Nadine practices the spectrum of employment matters, including claims such as race, age, religion, national origin, disability and sex discrimination, sexual harassment, retaliatory discharge, and wage and hour issues. Her class action, collective action, and multi-plaintiff experience includes suits by both private parties and by the Equal Employment Opportunity Commission. Nadine also routinely counsels clients on a variety of employment practices, including employment contracts and employee handbooks. She conducts employee training seminars, harassment investigations, and frequently speaks on employment-related topics.

Jody Kahn Mason is a principal in the Chicago, Illinois, office of Jackson Lewis P.C., and has been with the firm since 2011. She regularly defends employers in disputes pending before federal and state courts and administrative agencies throughout the Midwest. Jody has significant litigation and jury-trial experience, and is a member of the Trial Bar of the U.S. District Court for the Northern District of Illinois. Jody is the co-leader of the firm’s Biometric Privacy Litigation Group, and is also a member of the Disability, Leave and Health Management team. Jody has counseled countless companies regarding compliance with biometric privacy laws, including the Illinois Biometric Information Privacy Act (“BIPA”). She has litigated dozens of putative class action lawsuits involving alleged violations of the BIPA in state and federal courts throughout Illinois. She regularly speaks on biometric privacy issues and is a recognized thought leader regarding this developing and complex area of the law. Jody helps clients to mitigate potential exposure and aggressively litigates biometric privacy cases, when necessary. Jody partners with employers to minimize workplace disputes by providing practical advice, proactive strategies, and creative solutions to potential issues with employees. When litigation is unavoidable, Jody has successfully litigated cases on behalf of employers accused of harassment, discrimination, wrongful termination, retaliation, tortious interference, breach of contract, and Family and Medical Leave Act (FMLA) violations, and other alleged wrongful conduct. Additionally, Jody has experience counseling employers regarding a multitude of employment issues such as the implementation of reductions in force, drafting employee handbooks, negotiating separation agreements, and the enforcement of restrictive covenants. Jody also has wide-ranging experience both conducting investigations of employee complaints and advising clients regarding internal investigations. She regularly conducts workplace training on a number of topics to help employers identify and prevent possible workplace disputes. Jody routinely counsels employers regarding the laws which protect sick and injured employees, including the Americans with Disabilities Act (ADA) and FMLA, and helps employers navigate complex disability, health, and leave management issues. She frequently guides employers through the ADA’s interactive process and helps employers ensure compliance with the technicalities of the FMLA. She also provides guidance to employers regarding the complexities of the Chicago and Cook County Earned Sick Leave Ordinances. More recently, Jody has counseled countless employers regarding complex and ever-evolving issues related to the COVID-19 pandemic. Jody speaks and writes frequently regarding disability and leave management issues. She strives to help employers avoid litigation entirely, or if that is not possible, to mitigate the risks and costs inherent in litigation. Prior to joining Jackson Lewis, Jody worked at a Chicago-based litigation boutique where she represented a number of companies involved in complex litigation, including product liability, pharmaceutical, medical malpractice, environmental, and general tort litigation. Honors and Recognitions The Best Lawyers in America©, "Employment Law – Management" (2023) Legal 500 USA, "Recommended Attorney" (2017) Super Lawyers®, "Rising Stars" (2013-2020) Professional Associations and Activities Federal Bar Association Published Works "Chicago City Council Passes COVID-19 Anti-Retaliation Ordinance," SHRM (June 2020) [Co-Author] "Recruiting Update: Make Sure Your Hiring Practices Comply With Current Law," Illinois Banker (February 2016) [Co-Author]

Jeffrey L. Rudd is a principal in the Chicago, Illinois, office of Jackson Lewis P.C. His practice focuses on employment litigation. Jeffrey has experience in cases involving claims brought under Title VII, the Americans with Disabilities Act (ADA), the Age Discrimination in Employment Act (ADEA), Employment Retirement Income Security Act (ERISA), the Fair Labor Standards Act (FLSA), the Worker Adjustment and Retraining Notification Act (WARN), and various state statutes and common law doctrines relating to employment, including whistleblower claims. In addition to representing clients in federal and state court litigation, Jeffrey also is experienced in representing clients before federal, state, and local administrative agencies. Jeffrey regularly counsels employers regarding various labor and employment law issues, and works extensively with employers in negotiating and preparing employment agreements, managing reductions-in-force, drafting personnel policies, and conducting internal audits and investigations. Jeffrey has experience representing clients in a variety of industries, including manufacturers, consumer lenders, national exchanges, private equity funds, hedge funds, and proprietary trading firms. He also has substantial experience in defending and prosecuting emergency litigation, particularly with respect to claims involving breaches of non-competition agreements, misappropriation of trade secrets, and breaches of fiduciary duty. He has presented at numerous continuing legal education and industry seminars. Honors and Recognitions Super Lawyers®, "Rising Stars" (2009-2010, 2012-2015) Professional Associations and Activities Chicago Bar Association Published Works "Conducting the Employment Practices Audit, Employee Handbooks," Illinois Institute for Continuing Legal Education (2004 and 2010) [Co-Author]

Jason A. Selvey is a principal in the Chicago, Illinois office of Jackson Lewis P.C. With an exclusive focus on representing management in workplace law and related litigation, Jason defends employers before federal and state courts and administrative agencies throughout the Midwest. Jason has significant litigation and jury-trial experience, and is a member of the Trial Bar of the U.S. District Court for the Northern District of Illinois. Jason is co-leader of the Firm’s Biometric Privacy Litigation group, and is also a member of the Class Action and Complex Litigation and Privacy, Data and Cybersecurity practice groups. Jason has counseled countless companies regarding compliance with biometric privacy laws, including the Illinois Biometric Information Privacy Act (BIPA). He has litigated dozens of putative class action lawsuits involving alleged violations of the BIPA in state and federal courts throughout Illinois, and is a recognized thought leader regarding this developing and complex area of the law. He further helps clients to mitigate potential exposure and aggressively litigates biometric privacy cases, when necessary. Jason is also a member of the Background Check team. His experience with Fair Credit Reporting Act (FCRA) compliance and associated class action litigation is noteworthy. For example, he was on a small team that represented two clients in a consolidated nationwide class action, which had well over 100,000 putative class members. Jason also regularly counsels clients regarding the FCRA's requirements, both prior to and after their acquisition of covered consumer reports. He also has counseled countless employers with respect to risks and the necessary analysis prior to disqualifying applicants based on criminal convictions. Jason’s practice also covers a wide range of other employment litigation in both state and federal court, including issues such as: discrimination and harassment; disability accommodation; retaliation, including retaliatory discharge; and whistleblower claims. With his clients, Jason plots a course unique to each litigation, and is well prepared should a matter ultimately proceed to trial. His significant trial experience includes representing employers in trials and merits hearings at the United States District Court for the Northern District of Illinois and Illinois state agencies and courts. Of particular note, Jason conducted a four-week jury trial in the Cook County Circuit Court in 2019. Jason’s practice also includes a broad range of employment counseling, including with respect to handbooks, policies, including with respect to criminal background checks and biometrics, and negotiating and drafting of separation agreements. While attending law school, Jason was a member of the Order of the Coif and received the Rickert Award for Excellence in Academic Achievement. Honors and Recognitions Illinois Super Lawyers®, "Rising Stars" (2011, 2014-2020) and "Super Lawyers" (2022) Professional Associations and Activities The Chicago Bar Association Illinois State Bar Association Published Works Testimonial Privileges. NA: West, 2008. [Assisted in Updating Chapters] 18th Annual ERISA Litigation Conference Course Handbook. NA: West, 2005. [Contributing Author] Speeches "The Speak Out Evolution: Sexual Harassment in the Workplace," Illinois Human Rights Commission Summit (November 2019) Annual Symposium Biometric Information Privacy Act Update (October 2019) "Workplace Violence: Awareness & Best Practices" (October 2017) "Starting at the End: Separations, Releases, EEOC Pitfalls and Other Issues" (April 2015) "Background Checks: Avoiding Liability Under the New ‘Ban the Box’ Statute and the Existing Patchwork of Laws" (October 2014) "The Top Ten Things That Your Supervisors Don't Know That Can Put You in the EEOC's Crosshairs" (April 2014) "The New World of Harassment Claims: The Bar Is Lower/The Costs Are Higher" (October 2013) "Managing Your Vendors to Avoid Litigation" (March 2013) "SHRM Chapter Annual Employment Law Update" (February 2013) "When the Whistle Blows: Strategies for Recognizing Issues and Reacting Appropriately to Situations Involving Employee Whistleblowers" (September 2012) "Getting Off On the Right Foot: How to Vet Job Applicants Without Breaking the Law" (September 2011)