It's sort of a chicken-and-egg scenario. Once someone tells you that there's an active recording device it's no longer a "confidential communication" because yo

It's sort of a chicken-and-egg scenario. Once someone tells you that there's an active recording device it's no longer a "confidential communication" because you no longer have an "objectively reasonable expectation that no one is listening in or overhearing the conversation". You don't have to stop recording just because someone wants you to stop, you just can't do it without being upfront about it. Home assistant devices are common enough (ads in the superbowl!) that I imagine a judge would consider the physical presence of the device as being reasonable indication that there is no "objectively reasonable expectation that no one is listening in or overhearing the conversation".