Audio Recording

News & Analysis as of

NJ Attorney General Releases New Directives and Guidance on Police Use-of-Force Investigations and Body Cameras

On July 28, 2015, John J. Hoffman, Acting Attorney General, issued a supplemental directive regarding the Uniform Statewide Procedures and Best Practices for Conducting Police Use-of-Force investigations (“Supplemental...more

Spotlight on Louisiana: 2015 Legislative Session Increases Tax Burdens to Balance State Budget

Even though Louisiana's 2015 legislative session has concluded, the dust may be far from settled as to how increases in tax burdens meant to balance the State's budget will impact taxpayers. At least one industry trade...more

Recording Customer Phone Calls: Is Your Hotel Violating the Law?

In the past few years, class action plaintiffs have recovered billions of dollars in punitive damages by exploiting strict liability laws that punish businesses for failing to properly notify customers when a phone call is...more

7 Questions to Ask Before Selecting a Transcription Vendor

Lawyers, doctors, corporations and government entities often need to have audio files transcribed into text. Examples can include: court hearings and trials, voicemails, examinations, meetings (board, annual, financial, town...more

Insurance May Cover Call Recording Class Actions

Companies often monitor or record conversations between their employees and customers for training or quality control purposes. California law prohibits monitoring or recording unless both parties consent. Class actions have...more

NC General Assembly Overrides Veto of Property Protection Bill

Last week, the North Carolina House and Senate overrode Governor McCrory’s veto of legislation intended to shield employers from video or other data or documents release by employees. H.B. 405, called the “ag-gag” bill by...more

New Guidance Regarding Employee Handbooks Part Five: Rules Restricting Employees From Leaving Work: What Are The Boundaries?

This post is the fifth in a series providing guidance on federal rules regarding permissible and impermissible employer handbook policies and rules. See Guidance Regarding Confidentiality Rules Here, Employee Conduct Rules,...more

“Blurred Lines” Artists Lose Multi-million Dollar Copyright Lawsuit

Pop artists Robin Thicke and Pharrell Williams’ “Blurred Lines” song was the most popular single in 2013, topping the U.S. and international music charts. The song has sold over 6 million copies and its accompanying video has...more

Websites Required to Post "About Us" Contact Info Under New Florida Law

Effective July 1, 2015, many websites will be required to comply with Florida’s new True Origin of Digital Goods Act. This Act adds Florida to the growing list of states with laws aimed at achieving transparency in online...more

New Guidance Regarding Employee Handbooks – Part Four: Permissible Rules Restricting Photography and Recording: A Snapshot

This post is the fourth in a series providing guidance on federal rules regarding permissible and impermissible employer handbook policies and rules. See Guidance Regarding Confidentiality Rules, and regarding Employee...more

Recent Developments in Court Decisions on E-discovery Issues

The duty to preserve and collect data that may be discoverable once litigation is reasonably anticipated is well established. The following are highlights from recent Court decisions affecting the eDiscovery process. Although...more

Balancing the Budget …and Balancing Copyright

The Government of Canada’s Budget Plan for 2015 proposes various measures within the expected areas of tax relief, job creation and economic growth measures.  It also includes a very unexpected proposal to extend the...more

Can You Lawfully Prohibit Secret Recordings in the Workplace?

It is a safe bet that most if not all of your employees own a mobile or smart phone. It is also a safe bet that those phones have the capability of capturing pictures, taking video and recording conversations. ...more

Predominance Lacking in Telephone Recording Case Involving Caller Consent

In a class action brought under a California penal statute that prohibits the intentional recording of telephone calls without the consent of all parties on the call, a California district court denied class certification on...more

Recent Developments in Copyright: Blurred Reasoning and I Won't Back Down Until You Stay with Me

The jury's March 10th verdict in the "Blurred Lines" case has understandably generated a significant amount of interest and attention from the public, and has also led to differing opinions from legal experts as to whether...more

Demonstrative Evidence: When You Want to Show and Tell

An episode of This American Life described the failed effort to get a Tic-tac-toe-playing chicken into evidence in the death penalty case of a mentally ill man with a very low IQ. Defense counsel was trying to rebut a...more

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

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