Audio Recording

News & Analysis as of

CAS Legal Mailbag Question of the Week – October, 2016 #2

Dear Legal Mailbag: As an assistant principal, my responsibilities include dealing with students who have disciplinary issues. While most of these students are good people just caught doing bad things, I am afraid that a...more

Recording Conversations in the Workplace—Take Two: Can an Employer Have a Policy Forbidding the Recording of Conversations in the...

Our October 7th blog post explored the question whether or not employers could legally record conversations in the workplace. The answer was of course . . . it depends. But that blog generated a new question from our...more

Competition News October 2016

The General Court of the European Union validates the admission of illegally obtained telephone recordings to prove an anticompetitive agreement - In the Goldfish BV e.a. versus Commission case, the General Court of...more

Beyoncé’s copyright case was destined for dismissal

For an entertaining education in how to analyze copyrightable similarity, you can’t do much better than U.S. District Cout Judge Jed S. Rakoff’s decision in Fulks v. Knowles-Carter (which you may wish to think of as Fulks v....more

CMS Issues Guidance on Privacy Concerns at Nursing Homes

Earlier this month, CMS issued guidance regarding privacy concerns in nursing homes. In a letter entitled “Protecting Resident Privacy and Prohibiting Mental Abuse Related to Photographs and Audio/Video Recordings by Nursing...more

CMS Issues Warning to Nursing Homes Regarding Abuse of Residents Via Social Media

On August 5, 2016, the Centers for Medicare & Medicaid Services (CMS) issued guidance to nursing homes in a letter to state survey agencies that addresses nursing homes’ obligations to protect residents. The Letter focuses on...more

Courts Wrestle with Work Product Protection for Interview-Related Documents: Part II

Last week's Privilege Point described a common but illogical judicial approach to witness interview notes, summaries, and reports — finding that witnesses' verbatim statements in such documents at most can deserve only fact...more

Monitoring and Recording Consumers’ Calls in California Can Be a Risky Practice

Many businesses monitor or record customer service, telemarketing, and other telephone calls with consumers to help them improve customer service and for evidentiary reasons. Under federal and many state laws, calls may...more

Under the Dome: Inside the Maine State House

Under the Dome: Inside the Maine State House provides a high-level overview of recent activity at the Maine State House. Pierce Atwood’s 2016 Summary of New Maine Laws Now Available! We are pleased to share our 2016...more

NLRB Invalidates Employee Handbooks and Work Rules that Aim to Create Workplace Harmony and Privacy

In a decision on April 29, 2016, the National Labor Relations Board (NLRB) ruled that employers do not have the right to prohibit employees from arguing with each other or recording each other, or require them to communicate...more

Wells Fargo Learns That Recording Calls In California Can Be Costly

In the past few years, many organizations such as Capital One, Bass Pro Outdoor, and the Cosmopolitan Hotel have faced class actions alleging violations of California’s call recording law. This week, California’s Attorney...more

This Call May Be Recorded: Wells Fargo to pay $8.5 million in consumer privacy case

On March 29, 2016, Wells Fargo settled a suit brought by California State Attorney General Kamala Harris and five district attorneys from Los Angeles, Riverside, Ventura, San Diego and Alameda counties, alleging the San...more

FTC issues warning to app developers about use of microphone software—it monitors consumers’ TV use without their knowledge

Most people don’t think about the microphone on their mobile phone unless it isn’t working. Most people don’t know that if it is on, it is working all of the time and is capturing private data that it has access to....more

Can Healthcare Providers Prohibit Employees From Using Recording Devices in the Workplace?

In the wake of the National Labor Relations Board’s (NLRB) decision in Whole Foods Market, Inc., 363 NLRB No. 87 (Dec. 24, 2015), hospitals and healthcare providers will need to revisit their employee recording policies. This...more

Are Pennsylvania Employers Safe to Prohibit Recordings in the Workplace?

In an age of smartphones and wearable technology, one cannot escape the possibility that he or she is being recorded at any given time. The workplace is not immune from such possibilities as employees often carry—or sometimes...more

The Employment Law Authority - January/February 2016

A federal appellate court recently held that an employer did not violate Title VII of the Civil Rights Act when it discharged an employee shortly after she informed her manager that she was pregnant. According to the Fifth...more

NLRB Says Employers Cannot Stop Employees From Recording Conversations In Meetings

On December 24, 2015, employees who want to make video and audio recordings of co-workers and company meetings received a holiday gift. In Whole Foods Inc. and United Food and Commercial Workers, Local 919, the National...more

Flying Witnesses: Admissibility of Drone-Gathered Evidence in Florida

Unmanned flight isn’t new, nor is aerial photography. Hobbyists have been rigging cameras to model airplanes since long before the word “drone” became commonplace. What’s new is the proliferation of massproduced, inexpensive...more

Workplace Recording Bans and the NLRA: Are "No-Recording" Policies Still Allowed?

The ubiquity of smartphone applications ("apps") that record audio and/or video – coupled with the risk of workplace discussions being uploaded to social media for all to hear – has led many employers to implement...more

Utah Proposal Legislation Would Allow Security Cameras within Assisted Living Rooms

On February 1, 2016, the Utah Legislature's House Health and Human Services Committee debated proposed legislation permitting an assisted living facility resident, or their representative, to install a video or audio...more

Presenting and Recording Evidence During a Deposition

Lawyers and their support staff are usually familiar with basic trial technology. However, they don’t always consider the possibilities offered by using these technologies earlier — in the deposition setting. With some...more

Recent NLRB Work Rule Decision Strikes Down Another Commonly Promulgated Policy

Issuing yet another blow to commonly promulgated workplace rules, the National Labor Relations Board (“NLRB”) struck down a Whole Foods Market policy prohibiting employees from recording conversations, meetings, phone calls...more

NLRB Again Says Employers Cannot Impose Blanket Ban on Employee Recording in Workplace

Like many employers, Whole Foods adopted a policy prohibiting employees from conducting unauthorized recording of conversations, phone calls or meetings, regardless of the recording technology used. Employers generally...more

Are You on Candid Camera? The NLRB Just Made It More Difficult to Ban the Use of Recording Devices in the Workplace

On December 24, 2015, the National Labor Relations Board (NLRB) issued a decision in Whole Foods Market, Inc., 363 NLRB No. 87 (Dec. 24, 2015), finding for the first time that it is unlawful for an employer to adopt a work...more

NLRB rules employees can record conversations at work

Next time your boss is breaking a labor law, the National Labor Relations Board (NLRB) ruled that Whole Foods cannot prohibits its employees from recording conversations, taking photos or video at work....more

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