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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
In an age when nearly everyone carries on their person a tiny recording device in the form of a smartphone, the question of whether it is lawful to surreptitiously record conversations with others comes up often. One never...more
“Headlines” and “titles” are related, sometimes interchangeable, items appearing atop news stories. But, in this space, headlines are usually a source of inspiration (so we can write about intellectual property issues that...more
The Children’s Online Privacy Protection Rule requires operators of websites and online services that are directed to children under 13 years of age, or that have “actual knowledge” they are collecting personal information...more
Perhaps you’ve asked an employee to take notes during a Zoom meeting, but they complained the task is difficult to manage while collaborating with teammates. Maybe you intended to document everything that transpired during an...more
Veteran investigative reporter Bob Woodward conducted an audio interview of former President Donald Trump for Woodward’s book, Rage. Woodward later released these recordings as a separate audiobook. Trump claims that Woodward...more
You are in a contentious custody case. You and the other parent argue. Sometimes you are on the “giving” end, but most of the time you are the one receiving an unwarranted and unnecessary earful. While you know better than 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
With the rise of smart security systems that can be placed inside and outside of the home, there are some key privacy issues to be aware of before you set-up that doorbell with a built-in camera that records video and sound....more
In his 1948 memoir, On Active Service in Peace and War, Secretary of State Henry L. Stimson famously wrote, “Gentlemen don’t read each other’s mail.” In Florida, they also don’t record each other’s oral, wire, and electronic...more
Yes, but many states require consent of both parties to the call, and it is advisable to obtain consent regardless of where the caller lives. Under federal law, 18 USC § 2511(2)(d), you only need the consent of one of the...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
The Georgia Senate is considering a bill to expand the state’s laws against unlawful eavesdropping by prohibiting the recording of a conversation unless all parties to the conversation consent. The filing of the bill has led...more
In this episode of The Proskauer Brief, partners Harris Mufson and Howard Robbins conduct the first part in a series of podcasts entitled, “Can My Employees Do That?” In this installment, Harris and Howard discuss workplace...more
Can an employee secretly record conversations with a co-worker, supervisor, human resources manager or executive and use that recording in a claim or lawsuit against his/her employer? ...more
Increasingly, stories are appearing in the news about employees who have secretly recorded their colleagues and supervisors at work. It may come as a surprise that such recordings may be completely legal. The ease with which...more
California court: Employers unwise to permit use of company telephones for personal calls — at least if the employer plans to record those calls. Two-party consent means two-party consent: All parties to a call must be...more
Can employees record conversations at the workplace without the consent of the speakers? Or, can an employer enforce a policy that prohibits employees from recording conversations at work unless they have the consent of all...more
Many businesses monitor or record customer service, telemarketing, and other telephone calls with consumers to help them improve customer service and for evidentiary reasons. Under federal and many state laws, calls may...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
On September 28, 2015, the U.S. Department of Labor Administrative Review Board (“ARB”) held that the recording of workplace conversations can be protected whistleblower activity under the Energy Reorganization Act of 1974...more
Most states have laws restricting surreptitious recording of conversations, although the terms often vary as to what consent is required. While a prior Illinois law had been declared unconstitutional after a citizen was...more
Companies often monitor or record conversations between their employees and customers for training or quality control purposes. California law prohibits monitoring or recording unless both parties consent. Class actions have...more
The Illinois Supreme Court recently issued two opinions that together invalidated Illinois’ eavesdropping statute, 720 ILCS 5/14-2. The statute, which is part of the Illinois Criminal Code, prohibits a person from “knowingly...more