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Thursday, September 29, 2016

#UK & FRANCE Building WALL to STOP #MUSLIMS !!! #TERROR


UK and France to Construct Border Wall in Calais to Deter Migrants

British officials confirmed on Tuesday that construction will start this month on a large concrete wall in Calais, France, which is intended to prevent refugees and migrants from making their way to the UK through the Channel Tunnel.
“This measure is intended to further protect the Rocade from migrant attempts to disrupt, delay and even attack vehicles approaching the port,” the British Home Office in a statement, referring to the Rocade road that connects to the port.
The wall is a joint project by France and Britain and the latest attempt curb the flow of immigrants trying to reach the UK through the port of Calais. Several fences have been erected to protect the port, train tracks, and a terminal for the Eurotunnel that goes under the English Channel, linking the U.K. and France.
Migrants trying to reach Britain have crowded into a massive, overcrowded camp called the “Jungle” on the outskirts of Calais, located along the English Channel.
In elaborating on a timeframe for construction of the planned wall, Robert Goodwill, the British immigration minister, in a hearing with the U.K. Parliament’s Home Affairs Committee, said officials are “going to start building this big new wall very soon.”
“We’ve done the fence, now we are doing the wall,” he said, the BBC reported. “People are still getting through,” he added.
The wall, Home Secretary Amber Rudd added, is “not a new initiative.” Rudd added, “We support the French with money to help them do that. It is up to them how they decide to secure their borders in Calais and around it.”
The U.K. will spend £2 million ($2.6 million) on the proposed wall, which would be about 13 feet tall and would run more than 0.6 miles.
The project is not without its critics. François Guennoc, an activist with the L’Auberge des Migrants, an aide group for migrants in Calais, said the wall won’t make roads safer. “It’s a bad way of wasting British money,” he told the New York Times. “Walls don’t work.” Instead, the wall would just push the problem inland, he said.
“When you put walls up anywhere in the world, people find ways to go round them. It’s a waste of money. It could make it more dangerous for people, it will push up tariffs for people smugglers and people will end up taking more risks,” he told the Guardian.
Richard Burnett, head of the Road Haulage Association, described the move as a waste of the “taxpayers’ money.” The money used to build the wall “would be much better spent on increasing security along the approach roads,” he said, according to the BBC.

Friday, September 16, 2016

Melania #Trump Libel Suit Seen as Warning Shot #Law


Melania Trump speaking at the 2016 Republican National Convention in Cleveland on July 18. Credit: Ron Sachs / CNP
Melania Trump speaking at the 2016 Republican National Convention in Cleveland on July 18. Credit: Ron Sachs / CNP
Apologizing won’t get you anywhere with Melania Trump.
At least that’s how it looks in the wake of a fresh libel lawsuit against the UK’s Daily Mail and a Maryland blogger over articles referencing rumors that Republican presidential candidate’s wife was a sex worker in the 1990s.
Melania Trump sued the two outlets on Thursday for a combined $150 million despite the fact that they yanked down the offending articles roughly a week ago. She isrepresented by L.A. litigator Charles Harder, who gained fame for suing Gawker Media on behalf of former pro wrestler Hulk Hogan. Trump’s suit, filed in state court in Maryland, comes after Harder fired off a warning shot in August to a number of media outlets including Politico and The Guardian.
Blogger Webster Tarpley, who runs Tarpley.net, posted a retraction on Aug. 22 after receiving a warning letter. He also apologized for “any duress and harm [Trump] may have endured” as a result of his Aug. 2 post, which said that she was “reportedly obsessed by fear of salacious revelations by wealthy clients from her time as a high-end escort.”
The Daily Mail, according to the complaint, on Aug. 26 removed an Aug. 19 article referring to a book written by a Slovenian journalist, which alleged that Trump worked in “something like a gentleman’s club” when she lived in Milan. (The newspaper also published a retraction on Thursday.)
All of that was to no avail. The lawsuit says the articles damaged Trump’s “good name and reputation as a prominent woman in American business, politics and fashion.”
Stunning though the monetary demand may be, media lawyers say the fact that the media outlets pulled the stories down so quickly could significantly diminish any award, even if a jury were to find that the outlets had committed libel.
“In the age of the internet, stories pop up very quickly and they get tamped down very quickly if there’s reason for them to be discredited. And the damages aren’t what they used to be when you had an article published in the newspaper and days would go by” before a correction was run, said Thomas Kelley, a partner at Levine Sullivan Koch & Schulz, the firm that defended Gawker.
There’s also a high hurdle for libel cases brought by public figures, Kelley said. Clearing that hurdle typically means proving that there was no basis whatsoever for reporting the controversial claims, and that the reporter did not attempt to put them in context or provide balance.
Kelley also said the suit was probably intended to serve as a warning to other media outlets.
“This may not be the last incendiary allegation that comes out of the woodwork,” he said of the escort rumor. “And I’m sure that the Trump campaign would like to make it well known that this is how they’re going to respond.”
Harder did not respond to a phone call on Thursday.
Karl Olson, a media lawyer at Ram, Olson, Cereghino & Kopcyznski in San Francisco, saw the move as reflective of Donald Trump’s overall attitude toward the media throughout his presidential campaign.
“My general perspective on Trump is he has a long history of trying to intimidate the press and a long history of having incredibly thin skin, which is kind of amazing for somebody that wants to be the president of the United States,” Olson said. “His feelings about the press are kind of more aligned with Vladirmir Putin.”
Tarpley, in a defiant statement, called the suit “a blatant attempt to intimidate not only me but journalists of all stripes into remaining silent with regard to public figures. This lawsuit is a direct affront to First Amendment principles and free speech in our democratic society.”
Ben Hancock can be reached at bhancock@alm.com. On Twitter: @benghancock
    Indust

    1st Integrated Electronic Crourtrooms in #FL, #NY #legaltechnlology


    In Miami, the integrated courtroom was used for international litigation, with witnesses in different time zones and language barriers.
    , Legaltech News
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    Opus 2 International’s hearing room built for electronic paperless trials.
    Opus 2 International’s hearing room built for electronic paperless trials.
    The fully integrated electronic courtroom has arrived on American shores. Litigation services and software company Opus 2 International announced the completion of what it called the "first integrated 'pop-up' electronic courtroom built for paperless trials" in Miami, and confirmed the opening of a similar electronic courtroom in New York in early September.
    Brenda Mahedy, head of global marketing at Opus 2 International, noted that while "various disparate hearing room services already exist in the U.S., such as trial presentation tools, third-party interpretation services, video conferencing," it is rare that all these services "are fully integrated with one another, yielding a much more seamless and efficient process" during trial.
    While Opus 2, best known for its cloud-based collaborative work platform Magnum, could not disclose the details of the Miami trial for which the electronic courtroom was built, it noted the parties were two multinational companies with branches in the United States, U.K. and Europe engaged in international litigation. Both parties came to the trial with an extensive array of technology and witness services, including evidence and trial presentation technologies and French, Spanish and English interpretation services.
    As the global economy "naturally leads to more cross-border matters and arbitrations that span multiple jurisdictions," Mahedy said, electronic courtrooms can prove pivotal by enabling "remote lawyers, arbitrators and witnesses to engage with the proceedings and contribute as though they were physically located in the room."
    The increase of international litigation in U.S. court, she added, will help build momentum toward leveraging technology for use during trials.
    Writing for Legaltech News, Clare Foley, vice president for litigation solutions for Opus 2, noted that while slow to take off, there are already instances of courts using of trial tech, such as state courts in Texas and Utah, which require the electronic filing of all civil cases.
    On the federal level, U.S. district courts in the District of Columbia, the Western District of Michigan, the Central District of California and the Western District of Kentucky also provide evidence presentation capabilities, primarily though the addition of audio and video hardware in their courtrooms, Foley added.
    Foley reasoned that the broader move toward electronic courtrooms in the United States is challenged by the country's decentralized courts systems, which can vary in their ability to implement legal technology and by their organizational structure and standard procedures.
    The slow pace of courtroom digitization in the United States is in stark contrast to the rampant changes happening in the U.K., where electronic courtrooms first landed in the 2012 trial of Berezovsky v. Abramovich . The trial sparked a push by U.K. judicial authorities toward modernizing the country's courts and legal systems.
    In 2013, for example, then-justice minister Damian Green announced £160 million in government funding toward launching paperless electronic courtrooms throughout the country by investing in Wi-Fi, court presentation and collaboration software, and audio and visual hardware, among other improvements. In 2014, the justice ministry announced an additional £75 million toward upgrading the technology at the U.K.'s HM Courts & Tribunals Service.
    The adoption of trial technology in the U.K. can in part be attributed to the unique nature of its justice system, Mahedy said. "The model for litigation in the U.K. is based on a shared trial bundle that is aggregated and agreed before entering the hearing room," she explained. "This naturally leads to a more collaborative arrangement when deciding upon the technology, equipment and services to be used during the hearings. Additionally, places like the U.K. and Singapore have very mature initiatives in place for electronic litigation, whereas the U.S. court system is more fragmented in that respect."

    Judge Discusses Application of #FRCP #Law

    Judges Discuss Applications of Amendments to Federal Rules of Civil Procedure

    At the 2016 Conference on Preservation Excellence, six current and former federal judges discussed key e-discovery cases from the past year. Here are eight they explored in depth.
    , Legaltech News
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    It's all well and good to discuss the Federal Rules of Civil Procedure (FRCP) amendments—Legaltech News has done its fair share over the past nine-plus months since they went into effect. But in a practical sense, how are they being applied in courts?
    As it turns out, it's been a mixed bag, and even federal judges don't agree on some of the nuances of how the new rules should be applied. At the 2016 Conference on Preservation Excellence (PREX), six current and former federal judges discussed 12 key e-discovery cases from the past year. Here are the eight cases the judges explored more in-depth, along with some insights from those in charge of making decisions.

    The Cast

    • Ron Hedges, former U.S. magistrate judge on the U.S. District Court for the District of New Jersey and current senior counsel, Dentons.
    • Frank Maas, U.S. magistrate Judge, U.S. Southern District of New York
    • Andrew Peck, U.S. magistrate judge, U.S. Southern District of New York
    • Xavier Rodriguez, U.S. district judge for the Western District of Texas
    • Shira Scheindlin, former U.S. district judge for the Southern District of New York and now of counsel with Stroock & Stroock & Lavan LLP, New York
    • David Waxse, U.S. magistrate judge, U.S. District of Kansas

    The Cases

    1. O'Berry v. Turner (M.D. Ga.)
    In this case, Turner, driving for ADM Trucking, crashed into O'Berry in 2013. Turner's manager, rather than preserving the employee's driving log electronically, printed out a paper copy of the log, put it in a manila folder, and subsequently lost the record during a move. "The court found that printing and storing a single printed copy did not constitute intent to preserve, but then the court took an additional step and said there was intent to deprive," Judge Scheindlin explained.
    Judge Scheindlin: "The court really dwelled on the fact that nobody contacted this manager until February 2016, despite the fact the accident happened in 2013." She also added that ADM's acts were "shiftless," saying, "They were returning this information over, and to me it seemed purposeful."
    Judge Peck, however, disagreed on the definition of intent: "To me, it is a clear purpose to deprive the other side of the information."
    2. Shawe v. Elting (Del. Chancery Court)
    In the case of a relationship gone wrong, the Delaware Chancery Court was asked to settle a dispute in which two parties were splitting up business assets of, ironically, a company that conducted e-discovery and other forensics. During discovery, Shawe gained access to ex-girlfriend Elting's emails, made an image of her computer, discarded his cellphone under circumstances the court called "inexplicable," and deleted emails that were later recovered. The court ordered Shawe to pay 33 percent of the other side's legal fees for the whole trial, as well as 100 percent of expenses incurred during litigation of sanctions hearings.

    #Justice Dep’t Official Warns Russia of ‘Consequences’ for #Cyber-Spying !


    A senior Justice Department official issued a thinly-veiled warning to Russia that significant acts of cyber espionage will not be ignored. That would include the Democratic National Committee hack, which would be considered an act of political cyber espionage of the sort the United States traditionally has not publicly attributed to a culpable foreign spy agency.
    Read the article: The Washington Post

    FBI Issues New Rules After Malware Operation
    After a controversial sting operation conducted by the FBI, in which agents impersonated the Associated Press to plant malware on a suspect’s computer, the agency says it has instituted new rules for when it can use the undercover practice. The news came in a report from the Department of Justice inspector general, which acts as an independent watchdog for the agency.
    Read the article: The Verge
     
    Doug
    About GigaLaw

    This GigaLaw email newsletter is published byDoug Isenberg (above), an attorney and founder of The GigaLaw Firm. The World Trademark Review has said that Doug is “a whiz on all things to do with Internet law and domain names,” and the Atlanta Business Chronicle has called him an “international authority on Internet law.”
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