Podcast Episode 181: Making Audio Content Work for Your Firm
[WEBINAR] Exploring the CPRA’s Investigatory Privilege
Judge Learned Hand, American Idol?
Colorado AG Phil Weiser issued an advisory on the use of AI-generated “deepfakes” in political advertising, following the passage of House Bill 24-2247, which regulates the use of AI-generated “deepfakes” in political...more
What can we do to address the challenge of Deepfakes being presented as relevant and authentic evidence in the justice system? Deepfake technology poses a serious challenge to establishing and rebutting the authenticity of...more
Has a patient asked you or one of your providers if they could record a conversation or interaction with you? Would your staff know how to handle such a request? Requests from patients and their families to record...more
In recent years, the issue of secret recordings by employees has sparked considerable controversy. You may recall the recent incident involving an employee at CloudFlare, who filmed herself for nine minutes while questioning...more
On August 7, 2024 the Federal Communications Commission (FCC) adopted a new Notice of Proposed Rule Making (NPRM) proposing regulations that prohibit the use of AI in automated dialing or artificial or pre-recorded voice...more
The U.S. Copyright Office published Part 1 of their report on copyright and artificial intelligence (AI), focusing on digital replicas. Digital replicas are "a video, image, or audio recording that has been digitally created...more
It has been a particularly busy year on the labor and employment law front. To learn more about the major challenges employers face and developments your organization needs to address before year's end, we encourage you to...more
Companies frequently wish to record telephone conversations related to their operations, customers, or business transactions. In response, the U.S. Congress and most state legislatures have enacted statutes and regulations...more
Pretrial detention imposes severe burdens on a defendant's ability to prepare for trial. One such burden is that the prosecution may receive, without a warrant, recordings of the defendant's electronic communications,...more
Social media usage remains ubiquitous in 2024, and a recent trend sees the increased use of social media by employees to document their experiences with layoffs and disciplinary actions in the workplace. ...more
Keypoint: Courts reject personal jurisdiction arguments and suggest the Shopify decision will be overturned; Courts continue to show differing approaches to VPPA claims at the pleading stage with a large VPPA class action...more
Some employees who are being fired or laid off from their jobs have started to record the conversations with their managers or human resources representatives and post it on social media platforms like TikTok, Instagram, or X...more
As reported by CNN, a high school principal in Pikesville, Maryland, found his life and career turned upside down when in January a recording suggesting the principal made racially insensitive and antisemitic remarks went...more
Keypoint: The Central District of California issues a major victory for website owners facing CIPA-arbitration demands, two decisions address whether a plaintiff consented as a defense to wiretapping claims, three courts in...more
Keypoint: Multiple decisions from the same judicial district come down differently on wiretapping claims while three courts in different states each reject VPPA-defendants’ arguments that the plaintiffs lacked Article III...more
Beginning July 1, 2024, Tennessee musicians and artists will have an additional layer of protection for their voices and songs from generative AI cloning models and services that enable human impersonation and create...more
In our January 18, 2024 post, “The Next Chapter of CIPA Litigation: The Pen Register and Trap and Trace Device,” we discussed the new trend in California Invasion of Privacy Act (“CIPA”) litigation, where it came from, and...more
In an age when nearly everyone carries on their person a tiny recording device in the form of a smartphone, the question of whether it is lawful to surreptitiously record conversations with others comes up often. One never...more
“Headlines” and “titles” are related, sometimes interchangeable, items appearing atop news stories. But, in this space, headlines are usually a source of inspiration (so we can write about intellectual property issues that...more
The year 2023 ended with a bang in the cartel space, with a federal court of appeals upending what was long believed to be the scope of conduct that should be considered per se under the Sherman Act. The new year, 2024,...more
The Children’s Online Privacy Protection Rule requires operators of websites and online services that are directed to children under 13 years of age, or that have “actual knowledge” they are collecting personal information...more
[Editor’s Note: This article was first published December 21, 2023 and EDRM is grateful to Tom Paskowitz and Robert Keeling of our Trusted Partner, Sidley, for permission to republish. The opinions and positions are those of...more
On Nov. 16, the Federal Trade Commission (FTC) held an open meeting to discuss the FTC’s new “Voice Cloning Challenge” and present public comments on business practices of cloud computing providers in response to the FTC’s...more
Every day, thousands of people are turning to podcasting as a way to grow their businesses, make new connections, and gain exposure. A recent survey by Techsurvey found that 33% of Americans are listening to podcasts at least...more
A district court in the District of Arizona granted a motion to dismiss in a Telephone Consumer Protection Act (TCPA) case on the basis that multimedia messaging service (MMS) texts do not constitute prerecorded messages...more