News & Analysis as of

Video Recordings

Gearing Up for Battle - How to Prepare Your Deposition Witness Effectively

by JD Supra Perspectives on

When a witness' deposition has been noticed, it is important to educate the witness first about what to expect and what a deposition is. These are a few key pieces of information to share with a deponent and help set her...more

First Amendment Protects Right to Record Police Activity, Third Circuit Holds

by Blank Rome LLP on

The Third Circuit recently joined the growing consensus of courts recognizing that the First Amendment protects the act of recording police officers conducting their official duties in public. In Fields v. City of...more

Office of Open Records Holds That School Videos Depicting Student In An Altercation Is Not An Educational Record Of The Student...

by Tucker Arensberg, P.C. on

Hawkins v. Central Dauphin School District, AP 2016-0583, 2016 PA O.O.R.D. LEXIS 760. The Office of Open Records reverses its earlier decision and holds that a video from a school bus video system showing an altercation...more

Why Videotaped Deposition Testimony can be More Powerful than Live Witnesses

by Gray Reed & McGraw on

Although our judicial system historically prefers live witness testimony over testimony of witnesses through a deposition, today’s technology allows even seasoned trial lawyers the ability to present witnesses through...more

Updates in Federal Employment Law

by White & Case LLP on

No-Recording Policies at Work Must Be Limited - On June 1, 2017, the United States Court of Appeals for the Second Circuit held in Whole Foods Market Group, Inc. v. National Labor Relations Board that the federal National...more

Another Facially Neutral Employment Policy Bites the Dust

About a year ago, the National Labor Relations Board (NLRB or Board) struck down another neutral employer workplace rule – this one against making unauthorized recordings in the workplace. The NLRB’s decision just was...more

Top Five Labor Law Developments In May 2017

by Jackson Lewis P.C. on

1. Handbook rules requiring employees to obtain preapproval to use cameras and other recording devices at work are not per se unlawful, according to the National Labor Relations Board. Mercedes-Benz U.S. Int’l Inc., 365 NLRB...more

Second Circuit Upholds NLRB Whole Foods Decision Allowing Employee Recording in the Workplace

by Franczek Radelet P.C. on

With little fanfare, the Second Circuit Court of Appeals recently upheld a National Labor Relations Board decision striking down Whole Foods’ policies prohibiting workplace audio or video recording without prior approval from...more

International Depositions: Should I Stay or Should I Go?

by Planet Depos, LLC on

Should I stay or should I go? Not only is this a catchy 1980s hit single, but it’s also a common question from attorneys and paralegals when planning depositions abroad. With the advancement of video streaming technology,...more

Second Circuit Upholds NLRB Ban on No Recording Policy

Last year, the National Labor Relations Board (NLRB) surprised many employers when it declared illegal Whole Foods’ policy that prohibits employees from video or audio recording in the workplace. The Board concluded that the...more

Second Circuit Upholds NLRB Ruling That Employer’s “No Recording” Policy Violated National Labor Relations Act

by McCarter & English, LLP on

Employers need to be mindful about policies prohibiting employees from recording or videotaping in the workplace, as such rules, if not drafted carefully, may run afoul of the National Labor Relations Act (the Act). This...more

Court Grants Summary Judgment After Plaintiff’s Spoliation Motion Denied: eDiscovery Case Law

by CloudNine on

In Taylor v. Thrifty Payless, Inc., d/b/a Rite-Aid, No. 16-00474 (D. Oregon, May 12, 2017), Oregon District Judge Marco A. Hernandez granted the defendant’s motion for summary judgment after denying the plaintiff’s request...more

Are We Being Taped? – The Second Circuit Weighs in on Workplace Taping

by Kelley Drye & Warren LLP on

In the era of the ever-present cell phone, where many people seem to video and record (and then post to social media) virtually everything that goes on in their lives, employers have tried to limit such activity in the...more

A Hint Of Change: NLRB Allows Employer To Defend Blanket Prohibition On Use Of Cameras/Video Recording Devices

by SmithAmundsen LLC on

Recently, there has been much discussion about the composition of the five-member board in Washington, D.C., including President Trump’s appointment of Philip Miscimarra as National Labor Relations Board (NLRB) Chairman, and...more

Labor Board Allows Evidence To Explain Employee Handbook Ban On Video Recording

by Jackson Lewis P.C. on

The National Labor Relations Board has denied a motion for summary judgment by the NLRB’s General Counsel in a case involving Mercedes-Benz U.S. International Inc.’s maintenance of an employee handbook rule prohibiting the...more

Jersey Boys: The Curtain Call For Two Copyright Claims

Last month, the Broadway hit-musical Jersey Boys closed its doors after a spectacular eleven-year run. As someone who hails from the great state of New Jersey and who saw the show twice, I thought it was only appropriate to...more

Estate Planning Pitfall: You’ve videotaped your will

Technology enables a deceased person to express wishes to his or her assembled family from beyond the grave, but states generally require wills to be physical documents that are written, signed and properly witnessed during a...more

Insight on Estate Planning - February/March 2017

In This Issue: - Stretch out estate tax on business interests - Maintaining family harmony: Balance beneficiaries’ needs with a total return unitrust - Is a donor-advised fund right for you? - Estate planning...more

FAA $200K settlement with UAS operator: before you take flight, do you know the rules?

by DLA Piper on

A recent settlement announced by the Federal Aviation Administration of a series of enforcement cases it brought against a commercial unmanned aircraft (UAS) operator demonstrates the importance of knowing and understanding...more

2016 eDiscovery Case Law Year in Review, Part 4

by CloudNine on

As we noted yesterday, Tuesday and Monday, eDiscovery Daily published 74 posts related to eDiscovery case decisions and activities over the past year, covering 62 unique cases! Yesterday, we looked back at cases related to...more

Legislation Update: How Should Law Enforcement Video Recordings Be Handled in NC?

House Bill 972 was signed into law last summer, and took effect on October 1, 2016. The law is a significant change in the way municipalities are required to handle video recordings made by law enforcement, both with dash...more

Police Arrest Videos Not Considered Confidential

by Best Best & Krieger LLP on

The California Supreme Court recently denied considering an appellate court ruling from a case in Eureka that police arrest videos cannot be considered confidential officer personnel records and therefore kept from public...more

Was Spoliation Intentional? Court Will Let Jury Decide: eDiscovery Case Law

by CloudNine on

In Cahill v. Dart, No. 13-cv-361 (N.D. Ill. Dec. 2, 2016), Illinois District Judge John Z. Lee adopted, with modifications, the Report and Recommendation of Magistrate Judge Cox regarding the plaintiff’s motion to sanction...more

NLRB Says Social Media Policy Cannot Prohibit Employees from Posting Pictures of Company Uniforms

At least for now, the National Labor Relations Board (NLRB) continues its assault on employer social media policies. In a recent Board decision, G4S Secure Solutions (USA), Inc., the majority declared a variety of policies...more

No Winners in Rolling Stone Verdict

by Robins Kaplan LLP on

A verdict was announced November 4, in Nicole P. Eramo v. Rolling Stone, LLC, et al., Civil Action No. 3:15-CV-00023, striking a legal and financial blow for the publication and its journalist, Sabrina Rubin Erdely. A...more

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