Bs”d Subject: Urgent Legal Matter; Photography Rights, Defamation, and Harassment Dear Attorney, I’m reaching out for legal assistance regarding a dispute with a former client involving photography rights, defamation, and ongoing harassment. Key Details: 1. Photography Copyright and Usage Rights; A. I am the sole photographer and copyright holder of the images taken during a session commissioned by the client. B. After editing, I delivered the photos to the client in good faith via USB drive, along with a clearly attached limited-use license stating that usage was for personal purposes only, and that any promotional or public display required prior written approval. This license was sent via message and included as a PDF in the drive. C. Despite these clear terms, t

These were my last two messages in reply to her legal messages to me: Bs”d Subject: Licensing Rights & Final Terms Regarding Event Photos Hi Jessica Albaian, As a courtesy, I’ve already agreed to remove any photos of your children and immediate family from my platforms. I will begin working on this tonight, outside of my regular working hours, as the Jewish holiday of Passover (Pessach) just resumed. However, I have since received multiple messages and interference from individuals connected to your circle, people not part of our original agreement or private messages. This interference has severely disrupted my business and damaged my professional relationships due to your defamatory actions. At this point, in order to move forward cleanly and close out this matter once and for all, I am offering you the option to purchase the licensing rights to the event album. This will give you formal control over the images and allow you to prevent any future use by me. This is also an opportunity for you, your friends, and community members, to stop the bullying and harassment you triggered on Friday, April 18, 2024, with your “copy paste” messages, phone calls and text messages. Here are your options: 1) Exclusive Use Rights: $1,200 (you may use the images personally, and I will agree not to use them in any marketing materials or social media platforms moving forward, ONLY on my PERSONAL portfolio, to present to potential customers), minus your $350 session fee: $850 balance due. 2) Full Copyright Transfer: $1,800 (you would legally own the images and have all rights, including editing, distribution, and usage. I will not use them in any personal portfolios, media, social media platforms, or marketing materials). This would require a formal contract), minus your $350 session fee: $1,450 balance due. Please let me know which option you’d like to move forward with. Once payment is received, I will move forward on the option you agree on, and I will remove pictures from my social platforms. I will also provide a simple licensing release to reflect the agreed upon terms. I truly wish to close this chapter respectfully and professionally. If I do not hear from you within five (5) business days from today, I will consider the matter resolved and retain full rights to use the photos per standard photographer copyright law in Nevada. Thank you, 
Esther Bengio
EstherB Photography + Esther Bengio Photography

Bs”d Subject: Cease and Desist + Defamation, Harassment, and Tortious Interference with Business Relations To: Jessica Albaian
From: EstherB Photography + Esther Bengio Photography
 Date: April 20, 2025 Dear Ms. Jessica Albaian, Please accept this letter/message to serve as a formal Cease and Desist Notice in response to your recent actions, which have resulted in defamation of character, tortious interference with business relationships, and harassment directed toward me and my business, EstherB Photography + Esther Bengio Photography. On April 18, 2025, you contacted multiple individuals, including current and former clients and members of the Jewish community, and my husband, with the intent to coarse and discredit me professionally, personally, and publicly. Your conduct includes, but was not limited to: 1) Spreading false, misleading, or defamatory statements regarding me, my work, or the nature of our photography agreements, 2) Encouraging or enabling others to harass, bully, or pressure me into removing images that I legally own the rights to, 3) Interfering with existing and potential business relationships, thereby damaging my professional reputation and income, 4) Repeated actions that constitute harassment and cyberbullying (yes, text messages, phone calls and voicemails fall under cyberbullying), which violate both civil and criminal statutes. These actions are legally actionable under Nevada Revised Statutes and broader U.S. civil law concerning defamation, harassment, and tortious interference with business expectancy. I demand that you immediately: A. Cease and desist from making any further defamatory statements or accusations about me or my business; 
B. Cease and desist from contacting or encouraging others to contact any of my clients or associates or family member for that matter, 
C. Refrain from all further direct or indirect actions, communications, or behaviors that may be construed as harassment, intimidation, coercion or interference. Please be advised that if these actions persist, I reserve the right to pursue legal remedies, including but not limited to seeking monetary damages, injunctive relief, and all other remedies available under law. If you wish to resolve this matter amicably, I encourage you to comply fully with both this notice and the licensing terms communicated in my prior message. Sincerely, 
Esther Bengio
EstherB Photography + Esther Bengio Photography

Clark County Nevada Case No: A-25-917247-C

Btw, I recently adopted THREE survival needs children, and she knows, my haves are tied in their severe needs. I don’t have the leisure of freedom alike her. I hope you can help. Do I need an attorney? To sue for damages? Or can I resolve this on my own with your help?

Typos fixed: Personal Note: Just so you're aware of my situation, I recently finalized the adoption of three special needs children, all of whom require intensive care and support. The client in question is fully aware of my responsibilities and limited availability, yet has continued to escalate this situation rather than seek a mutual resolution. My time, energy, and financial resources are deeply tied to my children’s needs, unfortunately. I don’t have the same flexibility or means as she does to engage in prolonged legal conflict. I’m hoping you can guide me here. Do I need to retain an attorney to sue for damages, or is there a way to resolve this more efficiently with your guidance and possibly without full litigation? I want to protect myself, my work, and my name, but I also need a path that considers the demands of my family life. Any support or strategic advice you can offer would mean a lot.

Additional Context for Your Review: I want to clarify that I acted entirely within the boundaries of the client’s written consent (see attachment). I published select photos from the session on my professional Facebook platform only after receiving her permission, which she granted prior to formally booking me as her photographer for the bat mitzvah. A copy of that permission is attached to this message. This use was consistent with our agreement and done in good faith on my part. It was only after, I delivered the final edited photos on a USB drive that she began to retroactively and forcefully, revoke her consent, assert ownership over my work, and attempt to micromanage how and where the images could be used, despite the clear terms of the attached license agreement. To be clear: 1. I did no harm and acted with full integrity at every stage. 2. The promotional use was based on her written consent, not arbitrary use on my part. Since then, her behavior has escalated dramatically. In addition to attempting to damage my professional reputation, she has gone as far as reaching out to two of my other clients, involving them inappropriately in this matter in what appears to be an attempt to exert control and discredit me. She damaged and defame my reputation and character within my community. This pattern of escalation, harassment, and manipulation is why I am seeking your legal guidance and protection at this time.

YES

Yes, I do have copies of our messages. I'm currently having some difficulty uploading the screenshots, but I can provide them. I have a full log of communications, including and not limited to: 1. Messages from individuals who contacted, harassed, or threatened me. 2. The copy paste message she sent to her guests, instructing them to contact me and demand the removal of photos. 3. Proof that this effort only began after, I informed her that she did not have legal guardianship or the right to control how other guests' images were handled. Let me know your preferred format for receiving these PDF, Google Drive, or another method, and I’ll make sure everything is properly compiled and shared. Once, I figure all this out.

I can send you via copy paste messages from when it all began. Her demands and my responses. Will that help to understand the whole situation?

I feel that since she gave clear consent prior to the photography session, the matter should be legally settled. The issue now seems to be that, she’s attempting to backtrack and impose legal pressure after the fact, possibly because she regrets giving that permission once she realized the images were used professionally, especially as I was just launching my business. I never intended to escalate this or pursue damages. It’s only after her intimidation, threats, and legal maneuvers that I’ve had to consider protecting myself. This entire situation feels retaliatory, stemming from her own misjudgment, not from any wrongdoing on my part.

yes, this message offering a goodwill gesture on my part, in response to her Cease and Desist message: Bs”d Hello Jessica, As requested, I will be removing all images of your daughter and immediate family members. However, I must clarify once again, that I own the rights to all images I take, particularly in public or communal settings, and these images I captured, and any part of my business, are part of my professional portfolio. I cannot continue to remove or alter photos of other attendees or guests, nor can I entertain ongoing requests to delete or modify content I post on my social media platforms. These photos are integral to my business and brand, which you agreed upon when you hired me for your photography services. Had I received the following message earlier prior to my work: “Thank you!! I’m so excited! Also, I prefer images of my family aren’t posted anywhere. I don’t mind if you post decor or food images, but please I don’t like posting my kids online or my family without their permission. Thank you!!” ...I would have had the opportunity to agree or disagree on whether, I could be your photographer under these STRICKEN after-the-fact conditions. Furthermore, if privacy concerns were a major issue, this should have been addressed before the event, or it would have been more appropriate not to have hired a photographer in the first place. When you hired me, the understanding was that the photos from your event would be shared as part of my portfolio and on my social media platforms. If privacy concerns regarding your children were significant, it would have been ideal to discuss those beforehand to ensure we established clear boundaries in advance. Please note, if the privacy of your children is a primary concern, it is essential to understand the implications of hiring a photographer for a public event and/or communal settings, where photos are naturally taken and shared by others. Moving forward, I recommend that such requests be made up front to future photographers, to avoid any misunderstandings. Additionally, I kindly ask that you refrain from discussing these conversations with others or involving anyone else in this matter. Any further public discussions or involvement of others regarding this request may harm my reputation and business. I trust we can resolve this matter directly, and I appreciate your understanding, and I hope this clarifies my position. If you have any further questions, please feel free to reach out. Best regards, Esther Bengio EstherB Photography + Esther Bengio Photography

Her Cease and Desist letter to me, which began the abuse: Jessica Abaian 2208 Storkspur Way Las Vegas, NV 89117 jessica.abaian@gmail.com 650-784-1298 April 18, 2025 Esther Bengio Esther Bengio Photography Subject: Cease and Desist – Unauthorized Use and Publication of Personal Event Photographs Dear Esther Bengio, I am writing to formally demand that you immediately cease and desist from using, posting, distributing, or otherwise sharing any photographs taken at my private event held on April 6, 2025, without my explicit, written consent. The public display and distribution of these images on Facebook and WhatsApp constitute an unauthorized use of my likeness and a violation of my rights under Nevada law. Specifically: 1. Right of Publicity – NRS §§ 597.770–597.810 Under these statutes, Nevada law protects an individual’s right to control the commercial use of their name, image, and likeness. Any public use of my image for promotional or business purposes without my consent is a violation of this right. 2. Common Law Right to Privacy Nevada courts recognize the tort of invasion of privacy, including the public disclosure of private facts and intrusion upon seclusion. Posting photos from a private, non-public event without permission may constitute an actionable violation of these rights, especially if the event was not intended for public distribution. Accordingly, I am demanding that you: • Immediately remove all unauthorized photographs of me and my guests from all online platforms, websites, and social media accounts under your control. • Cease all further distribution or publication of any photos taken at the event in question. • Confirm in writing within five (5) business days of this letter that these actions have been completed and that you will refrain from any future unauthorized use of my image or event materials. Failure to comply will leave me no choice but to pursue all legal remedies available under Nevada law, including but not limited to: formal takedown notices to applicable platforms, a complaint under the right of publicity statutes, and potential civil action for invasion of privacy. I trust you will resolve this matter promptly and respectfully. Sincerely, Jessica Abaian

See replied with this: Thank you for your response and for confirming that you will remove the images of my daughter and immediate family members from your platforms. However, I want to reiterate that my cease and desist request applies to all photographs from my private event—not just those depicting my immediate family. I’m happy to further discuss your concerns, but I must clarify: at no point prior to or during the event on April 6, 2025, did you disclose—verbally or in writing—that you intended to use photographs from the event for promotional purposes or include them in your professional portfolio. Nor did you provide a contract, model release, or terms of use granting you the right to publicly share or publish images from the event. Language concerning rights and usage was only presented after the event, on April 8, 2025. As such, I was not given the opportunity to agree or disagree with the potential use of images at the time of booking or payment. To suggest otherwise is factually incorrect. This was a private event involving children and families in a communal setting, and a reasonable expectation of privacy applies. While I understand your perspective as a business owner, your practices must align with the legal rights of your clients and subjects—particularly when it involves minors or the use of images beyond the original scope of services. The use of these photographs for self-promotion, without prior explicit consent, raises serious concerns under Nevada’s right of publicity laws (NRS §§ 597.770–597.810) as well as common law privacy protections. I respectfully urge you to reconsider your position on retaining and publicly displaying images of any guests from this event, even if they are not members of my immediate family. This remains a significant concern not only for me but also for other parents whose children appear in these images. As a fellow parent, I hope you can appreciate that the privacy and safety of a minor child must take precedence over business interests. Finally, I must respectfully decline your request that I refrain from discussing this matter privately with others. As a client addressing a serious issue related to your business practices, I reserve the right to seek guidance and support where I see fit. Thank you for your time and attention. I remain open to a constructive and respectful resolution. Sincerely, Jessica Abaian

I replied with this: Bs”d Subject: Licensing Rights & Final Terms Regarding Event Photos Hi Jessica Albaian, As a courtesy, I’ve already agreed to remove any photos of your children and immediate family from my platforms. I will begin working on this tonight, outside of my regular working hours, as the Jewish holiday of Passover (Pessach) just resumed. However, I have since received multiple messages and interference from individuals connected to your circle, people not part of our original agreement or private messages. This interference has severely disrupted my business and damaged my professional relationships due to your defamatory actions. At this point, in order to move forward cleanly and close out this matter once and for all, I am offering you the option to purchase the licensing rights to the event album. This will give you formal control over the images and allow you to prevent any future use by me. This is also an opportunity for you, your friends, and community members, to stop the bullying and harassment you triggered on Friday, April 18, 2024, with your “copy paste” messages, phone calls and text messages. Here are your options: 1) Exclusive Use Rights: $1,200 (you may use the images personally, and I will agree not to use them in any marketing materials or social media platforms moving forward, ONLY on my PERSONAL portfolio, to present to potential customers), minus your $350 session fee: $850 balance due. 2) Full Copyright Transfer: $1,800 (you would legally own the images and have all rights, including editing, distribution, and usage. I will not use them in any personal portfolios, media, social media platforms, or marketing materials). This would require a formal contract), minus your $350 session fee: $1,450 balance due. Please let me know which option you’d like to move forward with. Once payment is received, I will move forward on the option you agree on, and I will remove pictures from my social platforms. I will also provide a simple licensing release to reflect the agreed upon terms. I truly wish to close this chapter respectfully and professionally. If I do not hear from you within five (5) business days from today, I will consider the matter resolved and retain full rights to use the photos per standard photographer copyright law in Nevada. Thank you, 
Esther Bengio
EstherB Photography + Esther Bengio Photography

And this: Bs”d Subject: Cease and Desist + Defamation, Harassment, and Tortious Interference with Business Relations To: Jessica Albaian
From: EstherB Photography + Esther Bengio Photography
 Date: April 20, 2025 Dear Ms. Jessica Albaian, Please accept this letter/message to serve as a formal Cease and Desist Notice in response to your recent actions, which have resulted in defamation of character, tortious interference with business relationships, and harassment directed toward me and my business, EstherB Photography + Esther Bengio Photography. On April 18, 2025, you contacted multiple individuals, including current and former clients and members of the Jewish community, and my husband, with the intent to coarse and discredit me professionally, personally, and publicly. Your conduct includes, but was not limited to: 1) Spreading false, misleading, or defamatory statements regarding me, my work, or the nature of our photography agreements, 2) Encouraging or enabling others to harass, bully, or pressure me into removing images that I legally own the rights to, 3) Interfering with existing and potential business relationships, thereby damaging my professional reputation and income, 4) Repeated actions that constitute harassment and cyberbullying (yes, text messages, phone calls and voicemails fall under cyberbullying), which violate both civil and criminal statutes. These actions are legally actionable under Nevada Revised Statutes and broader U.S. civil law concerning defamation, harassment, and tortious interference with business expectancy. I demand that you immediately: A. Cease and desist from making any further defamatory statements or accusations about me or my business; 
B. Cease and desist from contacting or encouraging others to contact any of my clients or associates or family member for that matter, 
C. Refrain from all further direct or indirect actions, communications, or behaviors that may be construed as harassment, intimidation, coercion or interference. Please be advised that if these actions persist, I reserve the right to pursue legal remedies, including but not limited to seeking monetary damages, injunctive relief, and all other remedies available under law. If you wish to resolve this matter amicably, I encourage you to comply fully with both this notice and the licensing terms communicated in my prior message. Sincerely, 
Esther Bengio
EstherB Photography + Esther Bengio Photography

That was the last message between us, but I was still receiving calls from leaders in her community in her defense. Saying, she regrets what she said, giving me permission to use the Photography for promotion. I asked them to please, step away. That it is a matter between the client and I.

Do you need the messages from those who messaged e?

She never replied to my offer. She submitted the service letter and claim.

Thank you for your support and information. I wanted to bring something important to your attention. I would like to submit an Objection to the Fee Waiver that Plaintiff submitted to the court. I have a message from her in which she explicitly states that she spent $10,000 on a Bat Mitzvah! This contradicts her claim to the court that she lacks the financial means to pay the associated legal fees. My concern is that she may have submitted the fee waiver preemptively, possibly anticipating a future lawsuit and attempting to shift the financial burden onto me. I want to ensure this is addressed and properly documented now to avoid any future financial complications. I couldn’t find the correct objection form online to file this. Could you please advise on the appropriate next steps or assist in filing the objection with the supporting evidence? Also, how do I submit a Fee Waiver? To protect me? Or I don’t need one?

Btw, I still don’t know what exact forms to use, where to find them, or how to file them properly. Hiring a limited scope attorney (who would do that filing for me), would be GREAT! However, it’s not realistic if I’m trying to save money for my family’s needs. And she ruined my start up business to help financially. Urgh! Do you have a list of the forms I need to respond or counterclaim? Any instructions on how to file them, either online or in person. Or if you can file for me at a reasonable cost? Can you HELP write a short, powerful objection to her fee waiver (based on that $10K Bat Mitzvah message). Identifying the exact forms I need (response, objection to fee waiver, counterclaim) will be super helpful! And if you can walk me through how to fill them out step-by-step, with the language that I can use in my filings would be super helpful. :) Please <3

One last thing… Is it too late to offer this last stand? Before filling? Or is too late, as I need to respond to the courts? Your thoughts? Here’s my message for the community Rabbi. I haven’t sent it. I will ONLY do it, if you think it’s safe to send and won’t incriminate me or anyone the that matter. I’m really trying to resolve this for get sake too. Bs”d Hi Rabbi Wyne, Thank you so much for taking the time to read my message. Per my understanding, it was your role to mediate between Jessica and I, even after it became a legal matter. So, since you've been involved, I wanted to keep you informed about a development that could have broader implications on Jessica. Jessica has escalated things legally by filing a claim that contradicts the written consent she gave me to use the photos, as you know. What’s concerning to me is that she’s also submitted a fee waiver to the court, citing financial hardship, while I have a message from her stating she spent $10,000 on her daughter’s Bat Mitzvah shortly after she submitted. I’m not trying to escalate the situation, but I’m concerned that the court may uncover this discrepancy, which could also affect her ongoing custody case. I’m just trying to make sure that the situation doesn’t get out of hand, and that she fully understands the potential consequences which I’m trying to prevent. If you have any thoughts or advice you can offer her, just to ensure she’s making a well informed decisions, it would be very much appreciated. I’m hoping this doesn’t escalate further, but if there’s anything you can do to encourage a fair resolution, it would mean a lot. Her offer still stands. Have her reply to that message, to begin the negotiations. Thank you again for your support,
 EstherB

Ok, I charged it to: which could also affect her in this case and her ongoing custody case.

Btw, will you be drafting anything to submit in court? :)

Yeah, it’s clear they went on the attack. Not to help resolve. This is the reply of one of the rabbi’s who got involved, the one who treated that coming Monday, something bad will happen. I have that message too (see last message), but for now, this is the reply to my white flag message I asked if it was safe to send: “Wrong. It was never my role to mediate anything, especially once it became a legal matter. My role was purely out of the goodness of my heart looking out for you and everyone involved to encourage you to not try to stand so firmly on principal about a silly Facebook post And I told you that there’s nothing positive and no blessing that could come out of being rigid and standing firm. I was very clear about that Anything that resulted from it was 100% a free will decision on your part. I have no role at this point in any matter related to this I hope you can move on amicably and Reconcile the situation that should never have gotten to this point. I have zero role or responsibility at this point. Please take care of the issue as you see fit but that you chose knowing very well the consequences that would result from it. It’s highly unfortunate and never should’ve gotten to this point, but you chose to bring it to this point. Talmud says better to be flexible like a Reed then firm like an oak tree. You have to learn to stand firm when necessary, but be flexible like a read and know when to be kind where necessary to be kind and be flexible where necessary to be flexible. Ultimately anything going on right now is Strictly result and outgrowth of nothing more than ego, nothing to do with justice or right versus wrong. God willing everyone will come to clarity on this point and move forward. Have a great day.“ “ Realize that at the essence of what took place is you decided that it was more important for you to keep up pictures on social media when somebody requested you to take them down. You felt like keeping up some pictures of an event was more critical to you than The growth of your business, community, relationships, peace, and more. I don’t know what could’ve encouraged and convinced you of this. It’s very hurtful and distressing that you made this decision which has no grounds or basis in Torah or common sense. I truly feel sorry for you and your family. I really do. If you’re seeking any more advice, the only advice I can give you is To Reach out directly to Jessica apologize, remove everything shut down the attorneys from this and move on with your life. Nothing Here makes sense or is respectable over something that was effectively so insignificant. This is a true shame in every sense of the word.” His original message when he threaten coming Monday, which is when jessica filled. Please make the intelligent decision and take down the meaningless Facebook post. It is in no way worth what I know is going to happen starting tomorrow morning in the event it’s not down. The time, money, and anguish that’s gonna come out of this is not worth it. Please make the smart decision for your benefit. I have nothing to gain out of this other than Seeing you do the right thing for yourselves. I’m trying to help you out here. Anyone who advises you to try and play hardball and be arrogant and keep up the pictures is not your friend Nor Do they have your best interest in mind? They are stupid meaningless pictures! Be smart“ -Michael

Ok thank you. :) Btw, the messages I sent you, you can see, that it’s just a whole lot of gaslighting dressed up as “concern.” He’s is clearly trying to dominate the narrative by placing the entire burden and blame on me while absolving himself, and trying to rope my husband into silencing me. Do you know, how costly this battle would run, if I hired an attorney?

Yikes. 😏 Do you think, it’s worth bringing the media into this and create a go fund me to help end this once and for all? It’s clear, they don’t want peace. Even when I have offered a solution to this mess. 😏

Hello Dolan! How do I post for the review of my documents and placing them in the correct legal diviner?

*document

You mentioned, to go back out and ask the question? To pay the $49?

Btw, hope all is well. :) With my life, it’s taken this long to get them done. :(

Got it, ok thank you.