These days one would be hard-pressed to find anyone without a smartphone. Smartphones have pervaded our society to such a degree as to make them never appear out of place, yet these seemingly innocuous objects can surreptitiously record audio and video without the slightest indication of doing so. As one would imagine, this expanded ability of almost anybody unilaterally “documenting” conversations has far-reaching repercussions in our adversarial legal system, where “he said, she said” claims are commonplace.

Although only subject to the internal administrative procedures of the National Basketball Association, Donald Sterling, the now-banned owner of the Los Angeles Clippers, recently made headlines after being recorded making racist remarks to his girlfriend, during a seemingly private conversation in his home, which became public. This particular occurrence is illustrative of the impact that these recordings can have.

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