Audio Recording

News & Analysis as of

New York Federal Court Denounces Debtor’s Attempt To Induce FDCPA Violation

A New York federal district court recently issued a strong denunciation of the practice of debtors attempting to induce debt collectors into committing violations of the Fair Debt Collection Practices Act (FDCPA). Finding...more

The Government’s [Subpoena] Power is Not Infinite

It’s not every day that a federal court likens an Assistant U.S. Attorney’s argument to that “of a grade schooler seeking to avoid detention.” But, in a recent opinion, Judge Emmet G. Sullivan of the D.C. District Court did...more

Kight vs. CashCall – raising the bar for certification in call recording class actions

The California Invasion of Privacy Act, Penal Code sections 630 et seq. (CIPA) is only a credible threat if plaintiffs can achieve class certification. Otherwise, the case is nearly valueless, and will fall to the curb in no...more

"California Consumer Class Actions: What CashCall Means for Businesses in Privacy Cases"

The California Invasion of Privacy Act (CIPA) imposes criminal penalties on anyone who intentionally "eavesdrops upon or records [a] confidential communication" in California without the consent of all parties to the...more

Illinois Amends Eavesdropping Statute in Response to Recent Court Decisions

On March 20, 2014, the Illinois Supreme Court held that significant portions of the Illinois eavesdropping statute, 720 ILCS 5/14-1 et seq., (the Statute) violated the First Amendment. In People v. Clark, 2014 IL 115776, and...more

California Legislature Takes Another Pass at Regulating Drone Operators

As part of our continuing California drone law coverage, today we report on the latest attempt by the California legislature to regulate unmanned aerial vehicles. Introduced yesterday by California State Senator Hannah Beth...more

Recorded Conversations with In-House Counsel Permitted as Evidence in FCPA Trial

Earlier this month, a federal judge in New Jersey held that a secretly recorded conversation between a former chief executive officer and his general counsel may be used by prosecutors as evidence against the former executive...more

Governor Quinn Signs New Eavesdropping Law

As one of his last official actions in 2014, outgoing Illinois Governor Pat Quinn signed Senate Bill 1342, which amends the Illinois eavesdropping law that the Illinois Supreme Court found unconstitutional early in 2014....more

California Privacy Law Update: What to Prepare for in 2015 and Beyond

California Governor Edmund G. Brown has been busy over the last year and a half, signing several bills into law that strengthen California’s privacy laws in various areas. The bills range in scope from invasion of privacy and...more

Trends in N.J. Whistleblowing and Retaliation Law – 2014 Roundup

2014 was another busy year for developments in whistleblowing and retaliation law in New Jersey. This blog post summarizes noteworthy state and federal cases for employers to consider in the new year....more

Employment Law Blog: Going Viral - Why You Need to Add a No-Recording Policy to Your Handbook

It's not just the Millennials who are obsessed with documenting every aspect of their lives. Everyone does it. Smart phones make it incredibly easy to snap pics, video, slo-mo, or time lapse every minute of our lives. ...more

Another Blow to Call Recording Class Actions

Back in February, the California Court of Appeal in Hataishi v. First American Home Buyers Protection Corp., 223 Cal. App. 4th 1454 (Feb. 21, 2014), dealt a significant blow to call recording class actions across California. ...more

Turtles Quick to Leverage SiriusXM Decision in New Suit Against Pandora

Any child familiar with Aesop’s Fables can tell you that turtles are slow. The founding members of the 1960s rock band named after these half-shelled plodders, however, were anything but slow in moving to take full advantage...more

Coming Soon to a Theater Near You: New DOJ Closed-Captioning Rules

The price of movie tickets could be going up soon. Under new proposed regulations issued by the Department of Justice, movie theaters with digital screens would be required to show films with options for closed captioning...more

Lawyers for multiple small companies have accused search engine giant Google Inc. of stealing from their clients’ trade secrets

In the past lawyers for multiple small companies have accused search engine giant Google Inc. of stealing and profiting from their clients’ trade secrets. In the case of VSL Communications, their lawyers claim that Google did...more

Recording Calls? Five Things You Can Do to Avoid the Litigation Frenzy

Restaurant chain Applebee’s has joined other businesses such as Overstock.com, Hilton, Capitol One, and Bass Pro Shops as defendants in purported class action lawsuits alleging that they illegally recorded calls to or from...more

Funkadelic Master Sound Recordings Can Be Involuntarily Transferred to a Court-Appointed Receiver to Satisfy Judgment

Hendricks & Lewis PLLC v. Clinton - Addressing the issue of whether a lower court abused its discretion by appointing a receiver and authorizing the sale of master sound recordings to satisfy monetary judgments, the...more

Calif. Law Does Not Bar Recording of Cell Phone Calls by Participants, Federal Court Rules

A California federal court recently ruled that the state’s call recording statute does not apply to cell phone call participants. This decision should help companies that record consumer calls for monitoring purposes defeat...more

Tariffpalooza 2014

Summer 2014. The living is easy; the Copyright Board is certifying tariffs at a furious pace. As we noted back in May 2014 (Towards Certainty on Webcasting – Re:Sound Tariff 8 Certified), the Board certified Re:Sound...more

Virginia Business Law: Donald Sterling and the Law on Audio Recordings

This isn’t really about Donald Sterling, the now-infamous owner of the Los Angeles Clippers. It’s about what made him a household name. Audio recordings have been causing businessmen and politicians problems for years. What...more

Court Reporters, Transcriptionists – Tips for Transcribing Audio Files

From the beginning of time, the world has been in need of transcripts. Cavemen drew on cave walls trying to capture the events of their time. Egyptian Pharos had scribes that wrote on papyrus their thoughts, edicts, and...more

Florida Appellate Court Reverses Trial Court Orders Excluding Media From Jury Selection: "Overflow" Courtroom With Audio-Only...

- In a first of its kind ruling in Florida, a Florida Appellate Court has issued a 27-page opinion unanimously vacating two orders of a trial court in Jacksonville, Fla., which had excluded the media from critical portions of...more

Court Holds That Prior Notice is Required to Record Cell Phone Conversations

Last month, a federal district court in the Northern District of California issued an order that may affect the policies of any company that records telephone conversations with consumers. The trouble began when...more

“May I Record A Conversation With My Employee Without His Knowledge?”

At the Pullman & Comley Labor, Employment, and Employee Benefits Seminar recently, I was asked by one of the attendees, an HR Director, whether she could record a disciplinary meeting with a troublesome employee without...more

California Federal Court Requires Pre-Recording Notification of All Cell Phone Calls Under California Invasion of Privacy Act

A federal district court in the Northern District of California in March refused to dismiss a consumer class action against wireless telecommunications company Verizon alleging that a third-party collections agency hired by...more

52 Results
|
View per page
Page: of 3