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You Should Know … Before You Record a Video or Take a Photo on Your Smartphone!

The latest smartphone to be announced, the Nokia 9 Pureview, has not one, not two, but six cameras.

That’s wonderful news for budding photographers and videographers, but there are a few things you should before you take that Instagram photo or record your next YouTube video.

New Jersey is a one-party consent state: Under the New Jersey Wiretapping and Electronic Surveillance Act, it’s illegal to record a private in-person or telephone conversation unless one party consents. Anyone who violates the Wiretapping Act is guilty of a third-degree felony and may also be liable for money damages and legal fees.

New Jersey Courts have decided, however, that some conversations may be recorded when the parties involved do not have a “reasonable expectation of privacy.” For instance, one court decided it was legal to record a conversation between two police officers out in the field without their permission, because they were talking in a place “more akin to an open, accessible place than an enclosed, indoor rom.”

The Wiretapping Act does not apply to photographs and videos. Generally, it’s legal to take a photo or video of someone if they are in a place where there is no reasonable expectation of privacy, such as on a bus, in a crowd at a concert, or in other public areas.

It’s important to note that both New Jersey and federal law make it a crime to videotape or photograph a third party who is nude or engaging in sexual activity, without their consent, in a place where he or she enjoys a reasonable expectation of privacy, such as a home, a bathroom stall, or a gym locker room.

And generally speaking, you cannot take photos or video in private spaces if the owner or occupant of a property asks you not to, or to stop.

So grab your phone and take that photo, record that video … but be sure you know and follow the rules.

Did you know…you can (and should) call your lawyer before things go wrong 

This is not only the best piece of advice routinely given to clients, it’s also the simplest: as soon as you think you might need a lawyer, make the call.

For instance, recently a landlord client called with a potential tenant problem. Two tenants, paramours sharing an apartment, broke up and one moved out. The remaining tenant could not afford the property on his own for long and called the landlord us to work out a solution before he was in trouble. In turn, the Landlord called us for assistance. Reasonably working out a negotiated lease termination allowed the tenants to end their lease without an eviction and credit impairment, while allowing the landlord to get new tenants in the property. The key is everyone did exactly what they should have, and the outcome benefited all. The tenant talked to his landlord before the rent was late or missing and the landlord called his lawyer for advice, rather than making a similar call a few weeks later when an eviction was necessary.

Everybody wins.

This principle applies to business disputes as well. Unfortunately, most of the business breakups we see are long, dramatic, and expensive. But every now and then a business comes to us early, recognizing things are not working. It’s much easier to dissolve the business and wind things up before there is financial hardship and hurt feelings. Early intervention saves everyone time, money and lowers the stress in what can be a very stressful event.

If you have a real estate or business issue, not yet a problem – just a concern, give us a call and we can talk it through with you.

 

Did you know…..

Did you know…?

The dangers of social media and litigation.

Going through litigation is difficult. It is an expensive, lengthy and stressful process for all involved and it is tempting to want to vent your feelings in public, whether to sway public opinion or just to feel like you are keeping friends, family, and acquaintances informed. This can especially be true if you feel your opponent has treated you unfairly. However, if litigation is in your future, do yourself a favor and keep your thoughts about your case and your opponent between yourself and your lawyer. Public statements in forums like Facebook, can end your case before it even gets started. In the heat of litigation, or potential litigation, tempers can flare and posting comments about your thoughts can make you feel better in the short term, but if you wish to avoid the risk of damaging your case – mum is the word.