Audio Recording

News & Analysis as of

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

Exeter v. Canada (Attorney General): An audio recording of a hearing is not a replacement for a transcript under Rule 344 of the...

On May 8, 2014, the Federal Court of Appeal rendered judgment in Exeter v. Canada (Attorney General) on an appeal from an order of the Federal Court upholding a Prothonotary’s interlocutory order. The appellant submitted as a...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

Next Generation State Privacy Law: Regulating the Commercial Use of Drones

When most Americans think of drones, they think of unmanned, often weaponized aircraft that are used by governments in areas of conflict for intelligence or combat purposes. However, the proverbial sky is the limit on the...more

Illinois Supreme Court Strikes Down Eavesdropping Statute as Overly Broad

The Illinois Supreme Court recently issued two opinions that together invalidated Illinois’ eavesdropping statute, 720 ILCS 5/14-2. The statute, which is part of the Illinois Criminal Code, prohibits a person from “knowingly...more

Recording Special Education Team Meetings: Three Reasons Why Your School District Should Have a Written Policy

The audio recording of special education team meetings [“PPTs”] by parents and advocates has become a relatively accepted and common practice. Technically, school districts are only obligated to permit the recording of such...more

Caught Snooping on Privacy Rights: Illinois Supreme Court Invalidates State Eavesdropping Law

Late last month, the Illinois Supreme Court essentially gutted the state’s long-standing eavesdropping law, placing the state into an unprecedented “no-mans-land” for the recording of private conversations. In two separate...more

Illinois Supreme Court Strikes Down State Eavesdropping Statute

The Illinois Supreme Court recently declared unconstitutional a state law criminalizing the recording of conversations without the consent of all parties. However, significant risks remain for companies and individuals in...more

Illinois Supreme Court Strikes Down Prohibition on Non-Consensual Audio Recordings, Raising New Issues for Employers

Illinois employers had been able to rely upon Illinois' prohibition against all non-consensual recording of conversations, whether private or not. As of March 20, 2014, that prohibition no longer exists. ...more

Impact On Employers And Schools Of Illinois Supreme Court’s Rejection Of Eavesdropping Law

Employers, schools, and other entities have long relied on the Illinois Eavesdropping Act to prohibit individuals from recording conversations, meetings, classes, and other activities without the consent of all participants....more

Case Alert: Covert recordings of private discussions at disciplinary and grievance hearings could be admissible evidence

What happened? In Punjab National Bank (International) Ltd and others v Gosain, the EAT decided that covert recordings made by an employee of public and private discussions at her disciplinary and grievance hearings...more

Are Call Recording Class Actions Doomed?

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

Public Lending Right Scheme Consultation

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

NLRB 2013 Year in Review and 2014 Initiatives

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

CFTC Extends Relief from Oral Communication Recording Requirement

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

Federal ALJ Says Ban on Voice Recording Does Not Violate NLRA

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

Employer Voice-Recording Ban Is Lawful, NLRB Administrative Law Judge Finds

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

38 Results
|
View per page
Page: of 2