News & Analysis as of

Audio Recording

FTC’s New COPPA Guidance on Recording Children’s Voices: Five Tips for App Developers and Toymakers to Comply

by Fenwick & West LLP on

The Federal Trade Commission on October 23, 2017, provided guidance on how it will enforce the Children’s Online Privacy Protection Act (COPPA) with respect to audio recordings of children. This comes as part of a wave of...more

Voice-Activated Devices May Collect Audio from Children

by Morgan Lewis on

A new FTC policy eliminates the requirement to obtain parental consent to collect a recording of a child’s voice in certain circumstances....more

FTC Speaks Out on Children’s Voice Recordings

In a new Enforcement Policy Statement, the Federal Trade Commission (FTC) decreased the burden for operators with regard to the collection of certain audio voice recordings of children under the age of 13....more

Surveillance In The Workplace

by Pepper Hamilton LLP on

Q. Can employers prevent employees from recording conversations in the workplace. A. Sometimes. As technology continues to advance, so does the likelihood that everything you say and do is being recorded, even in the...more

FTC Provides Additional Guidance on COPPA Policy for Voice Recordings

The Federal Trade Commission (FTC) clarified in recent guidance how the Children’s Online Privacy Protection Act (COPPA) applies to internet-connected device companies and other businesses that collect and use children’s...more

5 Considerations when Choosing an Audio Transcription Provider

by Planet Depos, LLC on

Though it may seem like a simple process, there are several questions you should ask before hiring a transcriptionist to turn your audio file, whether it is a recorded hearing, meeting, or phone conversation, into a certified...more

Ninth Circuit Reverses CAFA Remand in Call Recording Case

by Goodwin on

On October 20, 2017, the Ninth Circuit reversed the Southern District of California’s remand of a putative class action alleging that defendant Monterey Financial Services improperly recorded calls to individuals in...more

Colts Fail to Score Motion to Dismiss Eavesdropping Suit

Moving the chains forward for the plaintiff, an Indiana federal court judge said allegations that the Indianapolis Colts’ mobile app eavesdropped on users were sufficient to survive a motion to dismiss....more

You v. The Mic: Mitigating Microphone Mistakes

by Planet Depos, LLC on

It’s the middle of your depo, and you pull your mic off, creating a loud sound on the record. You take a quick glance to the left and see the videographer giving you a stern look. You’re embarrassed, but don’t worry — this...more

Recording Conversations with Your Cellphone: with Great Power Comes Potential Legal Liability

by Varnum LLP on

In the cellphone age, nearly everyone walks around with a multi-tasking recording device in their pocket or purse, and it comes in handy for many of our modern problems: Your dog suddenly started doing something adorable?...more

August 2017: The Top 11 Labor And Employment Law Stories

by Fisher Phillips on

It’s hard to keep up with all the recent changes to labor and employment law. While the law always seems to evolve at a rapid pace, there have been an unprecedented number of changes each month in 2017. August was no...more

Another Federal Appeals Court Rejects Workplace Recording Bans

by Fisher Phillips on

The 5th Circuit Court of Appeals recently became the second federal appeals court this year to hold that an employer’s rule prohibiting recording in the workplace violates the National Labor Relations Act (NLRA). In a July 25...more

Plaintiff Sanctioned for Spoliation of Evidence in His Case Against Taylor Swift: eDiscovery Case Law

by CloudNine on

In Mueller v. Swift, No. 15-cv-1974-WJM-KLM (D. Colo. July 19, 2017), Colorado District Judge William J. Martinez ruled that “Plaintiff’s loss or destruction of the complete recording of the June 3, 2013 conversation [between...more

FBI Issues Warning about Internet-Connected Toys

We previously reported about the microphone and video capabilities of Echo technology. The FBI is also concerned about this technology being used in toys that are connected to the Internet....more

Vermont’s New Telemedicine Law Expands Insurance Coverage, Bans Recording

by Foley & Lardner LLP on

Vermont health care providers and patients can now enjoy a revamped, and significantly improved, telehealth commercial insurance coverage law. Vermont Governor Phil Scott signed S. 50 into law on June 7, 2017, expanding...more

Can You Hear Me Now? No-Recording Policies Violate the NLRA

On June 1, 2017, the Second Circuit empowered employees with smartphones by affirming the National Labor Relations Board’s (NLRB’s) recent decision that no-recording policies violate Section 8(a)(1) of the National Labor...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

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

Documentation, Recording, and Credibility

by Zelle LLP on

Credibility matters in many employer-employee interactions. Hiring or promotion decisions may be made, in part, based on a candidate’s apparent trustworthiness. Internal investigations seek to determine who to believe. Jobs...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

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

June Kicks Off with a Flurry of Labor and Employment Law Developments and Activity

by Benesch on

DOL Actions Undercut Obama Administration on Joint Employers and Independent Contractors In the past week, the U.S. Department of Labor (“DOL”) under new Labor Secretary Alex Acosta has moved to dismantle a series of the...more

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