Legal Alert | Wiretap Laws in the United States
Anti-Wiretap Class Actions Against Website Operators Surge, but Proper Consent Can Reduce Risk
Webinar Recording – Assessing the Surge in Wiretap Litigation
Is Edward Snowden a Whistleblower?
Rajaratnam Judge: Wiretaps in Insider Trading Cases are "Radical"
Companies frequently wish to record telephone conversations related to their operations, customers, or business transactions. In response, the U.S. Congress and most state legislatures have enacted statutes and regulations...more
Pretrial detention imposes severe burdens on a defendant's ability to prepare for trial. One such burden is that the prosecution may receive, without a warrant, recordings of the defendant's electronic communications,...more
Social media usage remains ubiquitous in 2024, and a recent trend sees the increased use of social media by employees to document their experiences with layoffs and disciplinary actions in the workplace. ...more
Keypoint: Courts reject personal jurisdiction arguments and suggest the Shopify decision will be overturned; Courts continue to show differing approaches to VPPA claims at the pleading stage with a large VPPA class action...more
Keypoint: The Central District of California issues a major victory for website owners facing CIPA-arbitration demands, two decisions address whether a plaintiff consented as a defense to wiretapping claims, three courts in...more
Keypoint: Multiple decisions from the same judicial district come down differently on wiretapping claims while three courts in different states each reject VPPA-defendants’ arguments that the plaintiffs lacked Article III...more
The year 2023 ended with a bang in the cartel space, with a federal court of appeals upending what was long believed to be the scope of conduct that should be considered per se under the Sherman Act. The new year, 2024,...more
Keypoint: April 2023 saw developments in chat, session replay, voice recording, and VPPA litigation along with two new trends to watch in May. This is our second installment in our monthly data privacy litigation reports to...more
Keypoint: Slurry of litigation filed by privacy-plaintiffs has survived its first motion to dismiss challenge in a California court but faces tougher challenges ahead. Anyone who has called into customer service for any...more
Keypoint: In states with “two-party” consent laws, Privacy-Plaintiffs are bringing class action lawsuits against companies that use “session replay” technology on their websites. Last month in the Northern District of...more
More and more, employers have considered using surveillance within the workplace, whether it is to prevent theft, measure productivity, or simply monitor what employees are doing when they are on the clock. While these are...more
A sales adviser of an exclusive car dealer proved to be overly enthusiastic when he confided to a customer, in a phone call during working hours, that he was starting out for himself "in the background" and asked the customer...more
The First Circuit’s recent opinion in Project Veritas Action Fund v. Rollins, upheld a challenge to the Massachusetts anti-wiretap law, Mass. Gen. Laws ch. 272, § 99, carving out an exception for certain activity protected by...more
Closed circuit TV now may be streamed into web storage. These cameras can recognize faces and may unlock doors for known individuals. Keyless entry systems have moved from fobs and key cards to phone apps. Motion sensors can...more
In an age of smartphones and wearable technology, one cannot escape the possibility that he or she is being recorded at any given time. The workplace is not immune from such possibilities as employees often carry—or sometimes...more
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
With President Obama’s inauguration next week, I am reminded of the surreptitious recording that played a significant role in the final weeks of his campaign last year—the infamous “47%” recording. Secret recordings can have...more