Judge Learned Hand, American Idol?
In the past four years, droves of call recording class actions have been filed in state and federal courts across California. The gist of each is that a company violates the law when its customer service department records...more
The Department for Culture, Media & Sport has launched a consultation seeking opinions from stakeholders on the practical effects of the proposed changes to the Public Lending Right Scheme (the “PLRS“). ...more
Key labor law developments of 2013 are reviewed here for employers to consider as they look ahead to National Labor Relations Board (NLRB) developments in 2014. Employers should prepare to respond to the NLRB's continued...more
The Commodity Futures Trading Commission’s Division of Swap Dealer and Intermediary Oversight and the Division of Market Oversight issued No-Action Letter No. 13-77, which extends the oral communications recording compliance...more
Many employers prohibit employees from recording conversations during working time. Employers believe that such recording inhibits or intimidates employees and managers from having frank and open discussions relating to work....more
A National Labor Relations Board (NLRB) Administrative Law Judge (ALJ) recently found that a policy of Whole Foods Markets, Inc., prohibiting employees from recording conversations in the workplace did not violate the...more
My firm recently stenographically reported a two-week FINRA arbitration in Boston. Typically, there is no court reporter present for FINRA arbitrations. The official record is a simple cassette tape recorder that is turned...more
We have recently observed a dramatic uptick in California consumer class actions alleging that businesses have illegally recorded telephone conversations between consumers and customer service, telemarketing and/or...more
Three Wins and A New Rule -
In this edition of the Manatt newsletter, we take a look at several new cases that examine an array of important insurance issues. First, though, we report an important victory for...more
Beta testing is underway for Google Glass, a new technology that provides the functionality of a smartphone in a headset worn like glasses. Much like a smartphone, the Glass headset is able to exchange messages with other...more
June 17 (Bloomberg) -- Judge Learned Hand was an esteemed jurist and had perhaps the best name of any judge ever. But did you know he could also rock the mic?
Professor Ross Davies, of the George Mason University School of...more
It is widely (and incorrectly!) believed that it is unlawful in the UK in any circumstances to monitor and record telephone calls without drawing this to the attention of the parties to the call. There are in fact broad...more
The California Supreme Court recently held that work product protection applies to recordings of witness interviews conducted by attorneys or their agents and information concerning the identity of those witnesses in Coito v....more
Look around any conference room, coffee shop or elevator and you will find almost everyone has their smart phone in hand or nearby. While these hand-held devices are still used for talking on the phone, they are also used for...more
Federal law and most states only require one party to a phone call to consent to recording it, which means the person recording the call doesn’t need anyone else’s permission; however, a minority of states, including...more
Good news for companies that routinely record or monitor calls to or from California residents – the Ninth Circuit Court of Appeal’s January 17 decision in Faulkner v. ADT Security Services, Inc. has made it harder for class...more
With President Obama’s inauguration next week, I am reminded of the surreptitious recording that played a significant role in the final weeks of his campaign last year—the infamous “47%” recording. Secret recordings can have...more
On December 13, 2012, the Office of the Privacy Commissioner of Canada released Report of Findings #2012-004 (August 22, 2012) relating to the unauthorized disclosure to an imposter of a cell phone customer’s account...more
Audio Recordings of Police Are Protected By First Amendment According to Two Different Courts Of Appeal.
The U.S. Supreme Court on Monday delivered a blow to Illinois’ 50-year-old anti-eavesdropping law according to trial...more
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