Video Recordings

News & Analysis as of

Business Litigation Report - August 2015

Extradition for U.S. Antitrust Crimes: An Anomaly or the New Normal? - In April 2014, Germany extradited Romano Pisciotti, an Italian national, to the United States to face criminal charges related to his alleged...more

“Notes” Update Shows Facebook’s Continued Efforts to Increase Already Impressive User Engagement

As the number of social media platforms continues to grow, users’ online activity is becoming increasingly divided, requiring social media companies to prove to potential advertisers that they not only have a lot of...more

August 2015: Trial Practice Update

Use of Video Testimony at Trial. There’s an old saying that a picture is worth a thousand words, and a newer saying that a video is worth a thousand pictures. In our experience, this is especially true in jury trials, where...more

Can You Videotape Someone Else’s Conversation?

Careful about protecting the safety of his customers, A.R. Remington, owner of Fishinabarrel Gun Range, installed surveillance cameras to blanket his premises, except the restrooms. Last week while target practicing with his...more

Food and Beverage Alert (US)

This regular publication by DLA Piper lawyers focuses on helping clients navigate the ever-changing business, legal and regulatory landscape. Blue Bell resumes ice cream production in Alabama. The Alabama Department...more

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

Beme, or BeHBO / BeShowtime / BePayPerView?

It has been a tumultuous year for copyright owners. The old cliche is “if you love something, set it free,” but it seems plenty of third parties are happy to take on that task when it comes to copyrighted content....more

BAG bestätigt außerordentliche Kündigung wegen Herstellung privater „Raubkopien“ am Arbeitsplatz

Unabhängig davon, ob darin zugleich ein strafbewehrter Verstoß gegen das Urheberrechtsgesetz liegt, kann das Kopieren von Bild- und Musik-Dateien auf dem Dienstrechner eine fristlose Kündigung rechtfertigen. Diese Meldung des...more

Depositions in London

London has produced several literary giants, among them Chaucer, Shakespeare, and my own personal favorite, P.G. Wodehouse (great light reading for a long plane ride). London is home to well-known historic sites: the House of...more

A Picture Paints a Thousand Words: Video Recording an Accident Demonstration

One of the more frustrating aspects of defending power tool cases occurs during the deposition of the plaintiff – at the point where he attempts to describe in minute detail how his accident happened. Then, at trial, just...more

Site Inspection in Denmark

If you need a site inspection at a location in Europe (Denmark, for example) to document evidence in a case, a skilled videographer is essential for an effective recording. Europe is a popular destination, and while...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

"WTF", Under the NLRB, Employers Should "Cut the Crap?" The NLRB on Employer Rules, Handbooks, and Increased Employee...

As you have likely seen by now, on March 18, 2015, the National Labor Relations Board Office of the General Counsel ("GC") issued an extensive memorandum offering guidance on employer rules and handbooks. This memorandum...more

Preemption of State-Law Tort Claims by the Copyright Act - Ray v. ESPN

Addressing the issue of the preemption of state-law claims by the Copyright Act, the U.S. Court of Appeals for the Eighth Circuit upheld the district court’s dismissal of several state-law tort claims because the claims are...more

Seizure of memory cards from digital cameras allowed under plain view doctrine

Courts today are faced with applying traditional Fourth Amendment search and seizure doctrines to twenty-first century digital technology. In one such case, the Massachusetts Appellate Court upheld a lower court’s holding in...more

Applying the Video Privacy Protection Act to Online Streaming

Passed in 1988, the VPPA prohibits a “video tape service provider” from “knowingly” disclosing a consumer’s “personally identifiable information” (“PII”) to third parties without his or her consent. The VPPA defines a “video...more

Alert: FCC Expands Disability Access Requirements to Tablets, Laptops and Smartphones

Consistent with its recent actions expanding the Federal Communications Commission's ("FCC") oversight of the Internet and of privacy, the FCC has further extended its reach in another area—disability access. Expanding on its...more

LinkedIn acquires Lynda.com for $1.5 billion

LinkedIn has announced that it will acquire Lynda.com, a subscription online education service that offers hundreds of thousands of educational videos and over 6,000 online courses to its customers....more

Rise of the Video Vigilantes: Handling Secret Workplace Recordings

Video vigilantes are on the rise, and their recordings can quickly go viral. What should employers do to prepare for, handle and prevent covert recordings made in the workplace? Just a few short years ago HR and...more

Using Video Footage From Your Auto Accident

Today’s technological advancements mean that almost everyone has a way to take video footage of what goes on around them. The ability to capture footage can be especially useful when a car accident in the San Fernando Valley...more

Mobile Videoconferencing in Trial

In my last blog I discussed dynamic evidence that can grab a jury’s attention. This month I’ll discuss the use of mobile videoconferencing in trial and compare it to the use of de bene esse videotaped depositions....more

New ACLU App Will Allow Californians to Capture and Share Video on Police Encounters

In response to the increasing tensions between law enforcement agencies and the public, the ACLU announced it is launching an app to allow people to film law enforcement officers in action and automatically download a copy of...more

Vetting Court Reporters, Videographers, and Interpreters for International Depositions

Retaining certified and highly experienced court reporters, videographers and interpreters when taking depositions abroad will save money and ensure that the proceedings run smoothly. The following questions should be asked...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

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