Articles Posted in Communications Law

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The Supreme Court affirmed the order of the district court granting Las Vegas Review-Journal’s amended petition for a writ of mandamus under the Nevada Public Records Act requesting that the district court compel the Clark County School District (CCSD) to disclose certain records requested by the Review-Journal, holding that the district court did not err by ordering disclosure of the records, but reversed the court’s redaction order and remanded this case for further proceedings. At issue was CCSD employee complaints alleging inappropriate behavior, including sexual harassment, by an elected trustee. After an investigation was launched into the issue, the Review-Journal sought records regarding the investigation. After reviewing CCSD’s withheld documents and privilege log, the district court granted the Review-Journal’s writ of mandamus regarding the withheld records. In its redaction order, the district court only ordered that the names of direct victims of sexual harassment or alleged sexual harassment, students, and support staff may be redacted. The Supreme Court noted that the list excluded teachers or witnesses that may face backlash for being part of the investigation and then adopted a two-part burden-shifting test to determine the scope of redaction of names of persons identified in the investigative report with nontrivial privacy claims and remanded the case for further proceedings. View "Clark County School District v. Las Vegas Review-Journal" on Justia Law

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Nev. Rev. Stat. 200.620, which prohibits a person from recording a telephone call unless both parties participating in the call consent to the recording, does not apply to the recording of interstate calls when the act of recording takes place outside Nevada. Respondent filed this class action suit against Appellant, a Delaware LLC that has its customer call centers equipped to record telephone calls in Arizona and Minnesota, alleging that Appellant violated section 200.620 by unlawfully recording certain telephone conversations without Respondent’s consent. The federal district court decided to certify a question concerning the applicability of section 200.620. The Supreme Court answered that the statute does not apply to recordings of telephone conservations with a person in Nevada without that person’s consent when the recordings are made by a party who is located and uses recording equipment outside of Nevada. View "Ditech Financial LLC v. Buckles" on Justia Law

Posted in: Communications Law

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CenturyLink, a private telecommunications provider, contracted with Clark County to provide inmate telephone services for the Clark County Detention Center (CCDC) and to make records of the inmates’ calls available to the governmental agency operating the jail. Blackjack Bonding, Inc. made a public records request to the Las Vegas Metropolitan Police Department (LVMPD), the governmental entity that runs the CCDC, seeking records regarding calls to all telephone numbers listed on the various bond agent jail lists posted in CCDC for certain years. LVMPD denied the request. Blackjack then sought mandamus relief to compel LVMPD to provide the requested records. The district court (1) granted in part Blackjack’s request, stating that the requested records were public records that LVMPD had a duty to produce; and (2) denied Blackjack’s motion for attorney fees and costs. The Supreme Court affirmed in part and reversed in part, holding that the district court (1) did not err in granting in part Blackjack’s petition for a writ of mandamus, as the requested information was a public record subject to LVMPD’s legal custody or control; and (2) abused its discretion by refusing to award reasonable attorney fees and costs to Blackjack. View "LVMPD v. Blackjack Bonding" on Justia Law

Posted in: Communications Law