The New York Law Journal recently published an article from Tanenbaum Keale LLP attorneys Dennis Vega and Will Miedel on the legal and ethical considerations related to recording remote depositions without the consent of the participants. Specifically, they looked at the distinctions between one-party states and all-party consent states, in a virtual setting where the physical location of all attendees may be unknown.
“Presumably, in one-party consent states, like New York, anyone attending a deposition can record a portion of the video feed,” Vega and Miedel wrote. “In an all-party consent state, the question becomes more complicated. Because everyone must consent in that circumstance, the question becomes: Have the attendees consented to any and all recordings given that the stenographer is already transcribing the testimony?”
The full article can be read here. Please note, a subscription may be required.
Vega is a partner at Tanenbaum Keale and focuses his practice in areas of product liability, environmental and toxic tort, and asbestos, representing clients in high-stakes and sophisticated matters in state and federal court. Miedel is an associate and focuses his practice in areas of product liability and mass tort litigation and has represented industrial equipment manufacturers, automotive manufacturers, and contractors.