Svetlana S. Gans

I have been pondering the topic of how much death and destruction is required to win wars in our current era, which is the topic explored by Bret Stephens in the attached Op-Ed. I fear that the advent of "smart weapons" as lead to the assumption that wars can be won without significant unintentional collateral damage or intentional infliction of massive hardship on the enemy's civilian population? I think it is highly unlikely that a war can be truly won without breaking the enemy's will through the infliction of massive violence that will ultimately result in both. If so, than America will have to decide if its next war will be fought to truly win it or just to reach a palatable stalemate. My ruminations on this issue will continue. I don't know the answer. (This is the conundrum Israel's leaders are now facing. So far they are erring on the side of massive violence, which is isolating them further and further from world support.) https://lnkd.in/gSxcdz-m

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TOMORROW: Join us, Data Collaborative for Justice, and an expert panel of defenders, prosecutors, former police, and more in discussing New York's reforms to discovery & custodial arrest protocols. This event, the second half of our two-part series, takes a look at the latest research and on-the-ground perspectives of the 2019 New York criminal legal reforms, 5 years after they were passed. Sign up for the online discussion: https://bit.ly/48wpb3n

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This article serves as your regular reminder that every agency is looking to become an AI enforcement agency. Samuel Levine, the FTC's Director of the Bureau of Consumer Protection, argues that "Congress giving us back that tool [restitution] to get money back to people who get scammed, and making sure we have the resources to take on what we fear will be a real scourge of AI-related fraud, is essential to us doing our job." This has been a pretty consistent argument from the FTC, ever since a unanimous Supreme Court ruled in 2021 that Section 13(b) of the FTC Act did not authorize use of that provision to seek restitution. But that "giving us back" is doing a lot of work. As Justice Breyer wrote in AMG Capital Management, "We must conclude... that §13(b) ... does not grant the Commission authority to obtain equitable monetary relief." In other words, the FTC has never had restitution authority under §13(b). There is nothing to "give back." That issue aside, any company making claims about the capabilities of their AI systems are on notice that the FTC is watching. This is not a "Big Tech" issue - any company, small or large, can be held liable for violations of the FTC's consumer protection authority. And companies entering into settlements with the FTC are often subject to a 20-year consent decree. #ai #artificialintelligence #federaltradecommission #ftc

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Our U.S. Supreme Court Round-Up provides summaries of cases decided during the October 2023 term, a preview of cases set to be argued in the next term, and an overview of other key developments on the Court’s docket. #SCOTUS

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🚨New BLG Blog Post🚨 Search, Seizure and Forfeiture of Firearms and other Weapons pursuant to Domestic Violence Restraining Orders 📲https://lnkd.in/eVaFzmFV Important Information on Domestic Violence Restraining Orders and Firearms in New Jersey This article expounds on current legal updates to Seizure of firearms or other weapons pursuant to a domestic violence restraining order. Breaking down what a temporary restraining order is (TRO) and the law in domestic violence cases, pertaining to: ▷Domestic Violence Warrant for the Search and Seizure of Weapons ▷Inventory and storage of firearms and other weapons ▷Forfeiture of firearms and other weapons If you or someone you know has been involved in a domestic violence situation in New Jersey, it's crucial to understand how restraining orders affect firearm ownership. Here's a breakdown: Firearm Seizure During Restraining Orders: A judge may order the seizure of your firearms if a temporary restraining order (TRO) is filed against you in NJ. This applies to all firearms and other weapons in your possession. Police typically confiscate them when serving the TRO. Final Restraining Orders and Permanent Loss: A final restraining order (FRO) can result in the permanent loss of your firearms. Here's Why This Matters: Protecting Victims: This law prioritizes the safety of the victim by removing potential weapons from the defendant's control. Temporary vs. Permanent: While the TRO firearm seizure is temporary, an FRO can make it permanent. If you are facing a domestic violence situation, remember: You have rights. Seek legal counsel to understand your options. There are resources available to help. Stay informed with regular legal updates from our team of former prosecutors at The Bianchi Law Group. Follow us for insightful commentary and legal analysis on criminal defense, domestic violence, and municipal court cases. Need legal assistance or looking to refer a case? Don't hesitate to call us 24/7 at (862) 315-7929 #FormerProsecutors #CriminalDefense #DomesticViolence #DWI #DUI No aspect of this advertisement has been approved by the Supreme Court of #NewJersey 🛡️ TEAM OF FORMER PROSECUTORS 🛡️ Robert (Bob) Bianchi, Esq. David Bruno, Esq. Danielle Esposito, Esq. Christopher A. Eaton, Esq. Paul A. Di Lella, Esq. Tricia Howarth Margolis Esq. Christina Hall, Esq. Maura Lynch Robert Esnes Alessandro Amato https://lnkd.in/exm7KxWc

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For all the yelling and screaming about the Antisemitism Awareness Act passed by the House of Representatives last week, the key parts of the bill are reproduced below (Linked In space limltations preclude disclosing the entire bill, which is not long). The operative language is that directing the Department of Education to CONSIDER using the IHRA definition of antisemitism when consider whether to bring an action against a school under Title VI of the Civil Rights Act of 1964. It does not MANDATE USE. It does not address any use of IHRA beyond that DOE CONSIDERATION. In other words, it does not REQUIRE APPLICATION TO ANYTHING. So let's stop the histrionics about violating free speech rights, etc. AN ACT To provide for the consideration of a definition of antisemitism set forth by the International Holocaust Remembrance Alliance for the enforcement of Federal antidiscrimination laws concerning education programs or activities, and for other purposes. 4 SEC. 2. SENSE OF CONGRESS. 5 It is the sense of Congress that— 6 (1) title VI of the Civil Rights Act of 1964 (42 7 U.S.C. 2000d et seq.), prohibits discrimination on 8 the basis of race, color, and national origin in pro9 grams and activities receiving Federal financial as10 sistance; 11 (2) while such title does not cover discrimina12 tion based solely on religion, individuals who face 13 discrimination based on actual or perceived shared 14 ancestry or ethnic characteristics do not lose protec15 tion under such title for also being members of a 16 group that share a common religion; 17 (3) discrimination against Jews may give rise to 18 a violation of such title when the discrimination is 19 based on race, color, or national origin, which can 20 include discrimination based on actual or perceived 21 shared ancestry or ethnic characteristics; 22 (4) it is the policy of the United States to en23 force such title against prohibited forms of discrimi24 nation rooted in antisemitism as vigorously as 25 against all other forms of discrimination prohibited 26 by such title; and 3 SEC. 5. RULE OF CONSTRUCTION FOR TITLE VI OF THE 4 CIVIL RIGHTS ACT OF 1964. 5 In reviewing, investigating, or deciding whether there 6 has been a violation of title VI of the Civil Rights Act 7 of 1964 (42 U.S.C. 2000d et seq.) on the basis of race, 8 color, or national origin, based on an individual’s actual 9 or perceived shared Jewish ancestry or Jewish ethnic char10 acteristics, the Department of Education shall take into 11 consideration the definition of antisemitism as part of the 12 Department’s assessment of whether the practice was mo13 tivated by antisemitic intent. 1 (b) CONSTITUTIONAL PROTECTIONS.—Nothing in 2 this Act shall be construed to diminish or infringe upon 3 any right protected under the First Amendment to the 4 Constitution of the United States.

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Very interesting reasoning and analysis of language used in a will. Of course, the law doesn’t define #plainlanguage the way we do, but still interesting to read how a judge parsed the language in the will.

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Five-day turnaround: counsel welcome USPTO efficiency https://lnkd.in/enjJF6vv Counsel say the USPTO's swift action regarding letters of protest is helpful, but that quicker examination times are needed. Insight from Sherri Eastley (Pirkey Barber PLLC) and Danny Awdeh (Finnegan, Henderson, Farabow, Garrett & Dunner, LLP) #uspto #efficiency #lettersofprotest #examination #counsel

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The U.S. Department of Justice has released a comprehensive report on the role of law enforcement in the digital asset space. This report, part of a larger effort in response to the President’s Executive Order, outlines how illicit actors exploit digital assets and the initiatives being taken to combat these threats. The DOJ also launched the Digital Asset Coordinator Network, aiming to enhance law enforcement's ability to detect, investigate, and prosecute digital asset-related crimes. Dive into the full report here: https://lnkd.in/gVGY9cH5 #Vikara #DigitalAssets #Web3 #Crypto #Regulation #LawEnforcement #Security

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Children's online privacy has become a top priority in the United States, capturing attention at both federal and state levels. Attorneys Alaap Shah and Lisa Reisz analyze recent federal regulatory and enforcement developments, as well as state-level efforts aimed at updating existing laws and introducing new measures to address the evolving digital landscape, in OneTrust DataGuidance. #Privacy #Cybersecurity #PrivacyLaw

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In case you missed it...    During a recent three-hour hearing in Washington, D.C., the U.S. Judicial Conference’s Advisory Committee debated on how AI-generated evidence should be considered within court trials. As of now, no official ruling has been made.     What’s your take? To read more about the case, go to  https://reut.rs/3xX39tZ.   .  .  .  #VegasLawyer #VegasLawFirm #AttorneysatLaw #AIgenerated 

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#Litigation attorney Eric Alexander published a blog on Drug & Device Law about a #California #federal court case addressing #consumerfraud claims related to children's #coughmedicine products. The court dismissed certain claims because of federal preemption while allowing others to proceed based on allegations of misleading #marketing tactics. Dive deeper into the complexities of consumer #classaction lawsuits with his analysis: https://bit.ly/44l9mwh

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The doctrine of divisibility is well known in contract law, yet there is little discussion by courts and scholars of reverse divisibility, which involves the recharacterization of two or more facially separate but closely related contracts as a single contract. In "'Reverse Divisibility' and 'Subsequent Modification': Expanding the Scope of Justified Non-Performance in Multiple Contract Situations," Professor Gregory Crespi discusses reverse divisibility and its practical applications. https://lnkd.in/eGG-r3dv

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