Video Recordings

News & Analysis as of

Video Recordings Act 1984 (Exempted Video Works) Regulations 2014

The Department for Culture, Media & Sport has published regulations (“Regulations”) that amend the Video Recordings Act 1984 (“Act”)....more

NBA Scores Hit With Music Video Fan Code of Conduct – Why Not Apply The Same Concept To Business Ethics Training?

I haven’t been to an Atlanta Hawk’s basketball game this season, but apparently they are heating it up with their video fan Codes of Conduct. In November, the Hawks released a video Code of Conduct, modifying Robin Thicke’s...more

Police and Body Cameras: Will Cameras Reduce Claims and Increase Transparency?

1600 hours: After briefing, the officer starts her shift. She straps on a body camera. But what next? Can the officer activate or deactivate the recording? Can the footage be deleted during her shift? What if the suspect, the...more

Texas Supreme Court Issues New Framework for Spoliation Sanctions

On July 3, 2014, the Texas Supreme Court issued an opinion intended to clarify the circumstances in which a trial court may impose sanctions for spoliation, including specifically the submission of a spoliation instruction to...more

Business Litigation Alert: "What You Don't Keep Can Hurt You"

A recent Texas Supreme Court decision has important implications for the policies companies follow in Texas to avoid accusations that they have tampered with evidence or destroyed records improperly. The Supreme Court...more

Let's Go to the Video!

Barry P. Goldberg recognizes that more and more cases are being decided by video evidence from many different sources. The cost of surveillance video and equipment has dropped dramatically over the years and is not limited to...more

Basketball, Surreptitious Recordings, and Antitrust

Donald Sterling — yes, that Donald Sterling — filed an antitrust lawsuit a few days ago against the National Basketball Association... ...It’s not clear if the complaint has now been mooted — Mr. Sterling apparently...more

Court upholds citizen surveillance of police activity

We often worry of growing privacy intrusions due to surveillance. But surveillance comes in different flavors, and some surveillance can even affirm and support individual interests in personal liberty. For example, a recent...more

Criminal Defense Update: New DOJ Policy Promotes Recording Arrestee Interviews

The Department of Justice has released a new policy that establishes a “presumption” in favor of recording post-arrest interviews of individuals in the custody of the FBI, DEA, ATF, or U.S. Marshals Service. The policy,...more

Jay Z Captured in a New Era of Private Video of Official Video

Rapper Jay Z and his sister-in-law reminded us this week that, prior to revelations about NSA data collection efforts, it was the lives of the rich and famous that often sparked debate about privacy in our country....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

Court Reporters and Legal Videographers – On and Off the Record – Federal Rules v. CA CCP

Court reporters and legal videographers need to know when to be on and off the record. The first thing the court reporter needs to know is what jurisdiction the deposition they are reporting falls under. Is it a California...more

Raspberry Berate

About two weeks ago, the artist (known as, then formerly known as, and now again known as) Prince filed a copyright infringement suit against 22 “accused bootleggers” (most likely fans) that had been posting links to...more

Insurance Coverage for "Unauthorized Recording" Privacy Lawsuits

A California law against unauthorized recording is spawning consumer class action lawsuits against companies across the country. The statute provides for a $2,500 fine per violation and potential imprisonment for a "person...more

Deposition Parameters Start to Take Shape in Inter Partes Review Proceedings

As more IPR proceedings wind their way through the discovery phase, issues relating to depositions are starting to pop up in PTAB decisions. Here, we take a look at some recent Board decisions that help clarify those issues...more

Avoiding Potential Litigation Pitfalls Associated With On-Board Video Cameras

The transportation industry is always searching for new technology and best practices that can eliminate or reduce risky driving behavior, improve the overall efficiency and effectiveness of fleets, and avoid frivolous and...more

Week in Review - August 8, 2013

Attorneys often counsel and represent clients as they deal with the consequences of their online misdeeds. This week, for example, a fired employee sued his former employer, claiming that his co-workers shocked him with a...more

CNIL Cracks Down on Employee Video Monitoring and Password Strength

In a recent decision (deliberation CNIL May 30, 2013 n°2013-139), the French Data Protection Agency (CNIL) sanctioned a company for implementing a CCTV system without informing employees and because the CCTV enabled the...more

BB&K Police Bulletin: Public Records - Pitchess Motion Not Required to Disclose Officers Named in Independent Report

Overview: A California appellate court recently upheld the release of two reports disclosing the names of UC Davis police officers who were videotaped pepper spraying nonviolent, seated protestors at close range. ...more

Employer’s Social Media Ban on Photographs, Video Is Unlawful, According to NLRB

The National Labor Relations Board (NLRB) continues its scrutiny of social media policies....more

Google Glass Sounds Exciting — But What About Privacy?

Beta testing is underway for Google Glass, a new technology that provides the functionality of a smartphone in a headset worn like glasses. Much like a smartphone, the Glass headset is able to exchange messages with other...more

The Next Frontier for NLRB: Videos & Photos in the Workplace?

At the Connecticut Bar Association’s Annual Meeting, NLRB Boston Regional Director Jonathan Kreisberg gave a thorough update on the agenda of the federal agency....more

Plaintiff's Rights Regarding an Independent Medical Examination

When plaintiff receives a demand for a physical examination he or she have 20 days after the service of the demand to serve their response. More likely than not, plaintiff counsel is going to allow the plaintiff to submit to...more

CPUC Rulemaking to Decide if Localities will be Shut Out of State Video Franchise Renewal Process - Opening Comments Must Be Filed...

The California Public Utilities Commission (CPUC) recently launched a proceeding to establish the rules that holders of state video franchises (such as Comcast, Time Warner Cable, Verizon, AT&T and others) must follow to...more

Quick Hits: From I-9s to Workplace Surveillance

The Connecticut Law Tribune’s quarterly supplement on Labor & Employment Law was published this week and as usual, it is chock full of articles of relevance to attorneys and employers. ...more

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