News & Analysis as of

Audio Recording

EDRM - Electronic Discovery Reference Model

How Not to Negotiate an ESI Protocol? Say it is “Mandatory”; and, Demand That Discussions be Recorded

In Wilbert v. Pyramid Healthcare, Inc., 2025 WL 873947 (W.D. Pa. Mar. 20, 2025), the court wrote: From the inception of this action, Counsel for the parties could not agree on the scope and methodology for ESI discovery…....more

Miller Nash LLP

Before We Talk, “You Are Being Recorded”: The Ninth Circuit Affirms Oregon’s Restriction on Unauthorized Recordings

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Last week, the Ninth Circuit upheld Oregon’s conversational privacy statute as constitutional, finding that Oregonians have an interest in knowing when in-person conversations are recorded and that these recordings require...more

Snell & Wilmer

Ninth Circuit Upholds Oregon's Ban on Unannounced Audio Recordings, Rejects First Amendment Challenge

Snell & Wilmer on

The U.S. Court of Appeals for the Ninth Circuit has affirmed the dismissal of a lawsuit brought by Project Veritas, a conservative activist group that engages in undercover journalism, challenging the constitutionality of an...more

Miles Mediation & Arbitration

“Get Laid Off with Me” on TikTok: What Employers Must Know About This New Trend

TikTok is unquestionably a modern phenomenon that features dancing, pranks, challenges, and unites the world with cat and dog videos. In the employment arena, it has also introduced the world to the ideas of “Quiet Quitting,”...more

McDermott Will & Emery

Let’s Not Get It On: Battle of the Greatest Hits

McDermott Will & Emery on

The US Court of Appeals for the Second Circuit affirmed a district court ruling that Ed Sheeran’s 2014 hit “Thinking Out Loud” does not infringe the copyright on Marvin Gaye’s 1973 classic “Let’s Get It On.” Structured Asset...more

Fox Rothschild LLP

Chatbot Do’s and Don’ts for Restaurants (and Beyond)

Fox Rothschild LLP on

I recently sat down with the Restaurant Technology Network to discuss some of the many concerns people have regarding chatbots, and the legislation that governs them. Here are some of the key points we talked about:...more

Womble Bond Dickinson

Comparing California’s AI-Likeness Bills with the Federal NO FAKES Act of 2024

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Over the past several years, both Congress and state legislatures have introduced legislation concerning “digital replicas,” or deepfakes created by AI. Many of these bills have been directed to protecting the...more

Goodwin

Navigating New CNIL Sanctions: What You Need to Know

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The Commission Nationale de l’Informatique et des Libertés (CNIL) is an independent French administrative regulatory body whose mission is to ensure that the collection, storage, and use of personal data comply with data...more

Ogletree, Deakins, Nash, Smoak & Stewart,...

With New Record and Transcribe Tools, Should Employers Be Concerned?

New advanced features built into smartphones, mobile devices, and other applications allow individuals to record and transcribe phone calls and meetings more easily than ever before. While such tools can improve employee...more

Jackson Lewis P.C.

California Establishes AI Transparency Act

Jackson Lewis P.C. on

According to the California legislature, audio recordings, video recordings, and still images can be compelling evidence of the truth. However, the proliferation of Artificial Intelligence (AI), specifically, generative AI,...more

Kaufman & Canoles

K&C Sports & Entertainment Law Weekly Roundup - September 2024 #3

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Georgia Gov. Brian Kemp signed an executive order Tuesday that will allow colleges in the state, including the University of Georgia, to pay players directly for the use of their name, image and likeness....more

Cozen O'Connor

Colorado AG Warns Consumers: Beware of AI Deepfakes in Political Ads

Cozen O'Connor on

Colorado AG Phil Weiser issued an advisory on the use of AI-generated “deepfakes” in political advertising, following the passage of House Bill 24-2247, which regulates the use of AI-generated “deepfakes” in political...more

EDRM - Electronic Discovery Reference Model

Deepfakes in Legal Proceedings – A Strategic Framework for Collaborative Solutions

What can we do to address the challenge of Deepfakes being presented as relevant and authentic evidence in the justice system? Deepfake technology poses a serious challenge to establishing and rebutting the authenticity of...more

Dentons

Ep. 28 – Patient Recordings in Non-Residential Care Settings

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Has a patient asked you or one of your providers if they could record a conversation or interaction with you? Would your staff know how to handle such a request? Requests from patients and their families to record...more

Holland & Hart - Employers' Lawyers

Tenth Circuit Court of Appeals Upholds Workplace Policies Against Secret Recordings

In recent years, the issue of secret recordings by employees has sparked considerable controversy. You may recall the recent incident involving an employee at CloudFlare, who filmed herself for nine minutes while questioning...more

McCarter & English, LLP

FCC Makes a Call on AI

On August 7, 2024 the Federal Communications Commission (FCC) adopted a new Notice of Proposed Rule Making (NPRM) proposing regulations that prohibit the use of AI in automated dialing or artificial or pre-recorded voice...more

Venable LLP

Overview of U.S. Copyright Office Report Regarding Artificial Intelligence and Digital Replicas

Venable LLP on

The U.S. Copyright Office published Part 1 of their report on copyright and artificial intelligence (AI), focusing on digital replicas. Digital replicas are "a video, image, or audio recording that has been digitally created...more

Foster Swift Collins & Smith

[Webinar] 2024 Labor & Employment Law Virtual Update - September 18th, 8:30 am - 11:00 am ET

It has been a particularly busy year on the labor and employment law front. To learn more about the major challenges employers face and developments your organization needs to address before year's end, we encourage you to...more

Kilpatrick

Wiretap Laws in the United States

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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

Moore & Van Allen PLLC

Challenging Prosecutors' Use Of Defendants' Jail Phone Calls

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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

BakerHostetler

Viral Layoffs: Important Considerations for Employment Actions in the Digital Age

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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

Husch Blackwell LLP

U.S. Privacy Litigation Update: June 2024

Husch Blackwell LLP on

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

Parker Poe Adams & Bernstein LLP

What to Do When Your Termination Conference Ends Up on TikTok

Some employees who are being fired or laid off from their jobs have started to record the conversations with their managers or human resources representatives and post it on social media platforms like TikTok, Instagram, or X...more

Jackson Lewis P.C.

A Deepfake of a Baltimore High School Principal Raises Significant Employment Issues

Jackson Lewis P.C. on

As reported by CNN, a high school principal in Pikesville, Maryland, found his life and career turned upside down when in January a recording suggesting the principal made racially insensitive and antisemitic remarks went...more

Husch Blackwell LLP

U.S. Privacy Litigation Update: April 2024

Husch Blackwell LLP on

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

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