Video Recordings

News & Analysis as of

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

Ontario Court Recognizes New Privacy Tort “Publication of Embarrassing Private Facts”

In Doe 464533 v. X (Doe 464533), the Ontario Superior Court of Justice (Court) found civil liability for the online publication of an intimate video by an ex-boyfriend. The case is significant because it signals the...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

To Record or Not to Record, That is the Question

Eliminating any possibility that it might wind up on employers' "nice list," the National Labor Relations Board (NLRB) ruled on Christmas Eve that a Whole Foods policy featuring an "absolute prohibition" on employees "taking...more

Employers Should Take Care When Prohibiting Workplace Recordings

A number of years ago, one of the nation’s largest grocery stores banned its employees from recording workplace conversations, images, or meetings without prior management approval or consent by all parties to a conversation....more

NLRB Holds That a Ban on Videotaping Workplace Conversations is Unlawful

Recently, the National Labor Relations Board (NLRB) held that an employer violated Section 7 of the National Labor Relations Act (NLRA) by maintaining a policy that prohibited employees from making certain audio or video...more

New NC "Ag-Gag" Law Might Conflict with NLRB View of Concerted Activity Rights

North Carolina’s controversial new “Ag-Gag” Law took effect January 1. The bill was passed at the behest of state pork and poultry interests concerned over animal rights activists using employment as a cover to film...more

"Let's [Not] Go Crazy" with Copyright Takedown Notifications

Stephanie Lenz posted a short home video on YouTubein February 2007 of her two young children dancing to a barely audible recording of the Prince song “Let’s GoCrazy.” In June of the same year, YouTube received a takedown...more

NLRB Invalidates Employer's "No Recording" Policies, Bolstering Employees' Ability to Record in the Workplace

Christmas came a day early for labor unions. On December 24, 2015, the National Labor Relations Board (NLRB) issued a decision that invalidated two employee handbook policies prohibiting employees from recording...more

What’s Ahead in 2016 For Employment Law? Probably Not As Much As You Think

Ah, predictions. Way back at the start of 2015, I made a series of predictions regarding employment law in the then-upcoming year. Not a lot of them occurred in exactly the same way I predicted....more

NLRB Strikes Down Policy Prohibiting Recordings by Employees

The National Labor Relations Board (“Board”) finished the 2015 year in the same way it started: With continued scrutiny of seemingly neutral employer policies. The Board continues to assume that employees will read these...more

NLRB Nixes “No Recording” Rule

In Whole Foods Market, Inc., 363 NLRB No. 87 (Dec. 24, 2015), a divided three-member panel of the NLRB ruled that an employer’s blanket rule prohibiting workplace recording of conversations, phone calls, or images with a...more

NLRB: Employers cannot block employees from recording or taking photos in the workplace

The National Labor Relations Board (NLRB), in a 2-1 decision, ruled against blanket employer policies banning employees from taking photos or recordings in the workplace. Such policies would, in the view of the NLRB, having a...more

New Police Procedures Laws for Illinois Municipalities

Illinois Gov. Bruce Rauner signed Public Act 99-352 into law on Aug. 12, 2015, amending several Illinois statutes concerning local police operations and procedures. The law takes effect on January 1, 2016. Several aspects of...more

“Oh, no: Beta!”

As we gather with family and friends to give thanks this holiday here in the U.S., let’s look back and think of those that won’t be with us at the Thanksgiving dinner table. For me, BETAMAX comes to mind....more

The 3 Biggest Excuses Lawyers Make for not Creating Great Educational Video to Market their Law Firms

Anytime someone tells me they don’t have the time, I call them out on it and tell them “You’re full of it. You do.” The reason they claim they don’t have time is because they don’t see the value investing in their law...more

Benefits of Videoconferencing for your International Depositions

The list of considerations when coordinating international depositions as opposed to domestic can be long and often includes steps which are both pricey and tedious. Visa requirements for certain countries (India, to name...more

California Reaffirms First Amendment Right to Record Police in Public

As deputy U.S. marshals detained a group of people in Beatriz Paez’s neighborhood, the 34-year-old South Gate, Calif. resident began recording the incident. Video from another camera-wielding bystander rolls as a different...more

Social Media Compliance Policies: Your Company Needs One

Use of social media is ubiquitous in today's society. This is astounding when you think back to 2004 and realize that social media did not exist then. Fast forward ten years and by September 2014, 58% of all American adults...more

CAS Legal Mailbag Question of the Week - 10/30/2015

Dear Legal Mailbag: Technology is great. My school received a big school safety grant, and we bought a bunch of security cameras. In fact, I think that we record every step my students take in the building other than in...more

Court of Justice rules that videos on newspapers' website can fall within AVMS Directive

On 21 October 2015, the European Court of Justice (ECJ) ruled that the video section of an online newspaper could be considered an audiovisual service and therefore may be regulated by the Audiovisual Media Services Directive...more

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