|By PR Newswire||
|January 17, 2013 07:41 PM EST||
SANTA MONICA, Calif., Jan. 17, 2013 /PRNewswire/ -- On January 16, a U.S. federal court issued civil contempt monetary sanctions in the amount of $50,000 per day against the Russian Federation, Russian Ministry of Culture and Mass Communication, Russian State Library, and Russian State Military Archive for refusing to comply with a July 2010 judgment ordering return of a large collection of sacred religious books and archives to its rightful owner, Agudas Chasidei Chabad of United States.
This Statement responds to false and erroneous declarations made by Russian authorities in response to entry of the court's order.
(1) Russia claims that United States courts lack "jurisdiction."
Under the Foreign Sovereign Immunities Act ("FSIA"), U.S. federal courts have jurisdiction over claims against foreign states involving the expropriation of property in violation of international law. They also have authority to issue civil contempt sanctions against foreign states, as recently confirmed by the D.C. Circuit in the case FG Hemisphere Associates, LLC v. Democratic Republic of Congo. Russia's position that yesterday's civil contempt sanctions order was "unlawful" reflects Russia's misunderstanding of American law.
(2) Russia claims that Chabad wants a Russian "national treasure."
Chabad, an international non-profit Orthodox Jewish organization, filed suit in 2004 under the FSIA to recover 12,000 books and manuscripts that were seized from it during the Bolshevik Revolution and Russian Civil War (the "Library") and 25,000 pages of handwritten manuscripts and books seized by Nazis and then looted as "trophy documents" in Poland in 1945 by the Soviet Red Army (the "Archive").
Russia falsely asserts that it simply "recovered" property that had been "abandoned" by Chabad. The truth is quite different. Russia's Bolshevik government seized the Library from a private warehouse in Moscow in 1917, where Chabad's spiritual leader, the Fifth Rebbe, had sent it for safekeeping as he fled the German forces invading Russia. The Soviet Union rejected numerous pleas for the return of the Library from Chabad's leaders, but never nationalized the books. After arresting Chabad's new leader, the Sixth Rebbe, for "counter revolutionary activities" (namely establishing Jewish schools), the Soviets beat him and sentenced him to death by firing squad in 1927, but the sentence was commuted, because of international pressure, to exile.
The Nazi German invasion of Poland in 1939 forced the Sixth Rebbe to flee yet again. The Nazi forces seized the Archive and transferred it to a Gestapo-controlled castle in Poland, where Soviet military forces plundered the Archive in September 1945 and transferred it as "trophy documents" to a secret facility in Moscow, where it was hidden from the public for many decades. A document belatedly disclosed by Russia in discovery recites how the Archive was taken by the Red Army "in 1945 as part of German trophy documents." It contradicts the description Russia is giving today to these manuscripts.
(3) Russia claims that the court has treated it provocatively.
Following nearly four years of active litigation between the parties, during which Russia lost in the United States Court of Appeals, Russia and its agencies precipitously stopped speaking with the international law firm that had represented them and withdrew from the case. They stated that "[t]he Russian Federation views any continued defense before this Court and, indeed, any participation in this litigation as fundamentally incompatible with its rights as a sovereign nation."
Chabad was required by United States law to present evidence to support its claim. The Court entered a judgment in favor of Chabad after finding that "[p]laintiff has met its burden of proving a prima facie case against defendants and has established its right to relief by evidence satisfactory to the Court." The Court held that "the takings of the Library and the Archive by defendants and their predecessor regimes were not for a public purpose, were discriminatory, and occurred without just compensation to plaintiff." As a result, the Court ordered Russia and its agencies "to surrender . . . the complete collection of religious books, manuscripts, documents and things that comprise the 'Library' and the 'Archive.'" Order & Judgment of July 30, 2010.
(4) Russia claims that it has not received due process of law.
The Court issued an Order to Show Cause in connection with Chabad's Motion for Civil Contempt Sanctions. Russia failed to respond to the Court's Order to Show Cause within 60 days. Chabad thereafter voluntarily requested two stays of enforcement of the judgment to create an atmosphere conducive to settlement negotiations. The stays expired on March 1, 2012.
On January 13, 2012, Russian Culture Minister Alexander Avdeyev announced at a press conference that "A constructive dialogue over the Schneerson Library will be possible only after the U.S. court reverses its decision and the claimant withdraws its lawsuit." On March 5, 2012, Chabad renewed its request that the Court enter an order finding defendants in contempt of court and issue monetary sanctions against them for refusing to comply with the Court's judgment in favor of Chabad. The Court delayed any action and requested the United States to state its view before issuing any further order.
(5) Russia claims that the sanctions will make settlement difficult.
Chabad has made a good faith effort to negotiate with Russia, including two meetings at the Russian Embassy in Washington, D.C. Unfortunately, Russia has not complied with the Court's judgment. Nor has it agreed to return any portion of the "Schneerson Collection" as a result of diplomatic efforts or as an act of generosity. Only after the Court found Russia in contempt did Russian representatives agree to meet with Chabad's counsel.
(6) Russia asserts that the sanctions will impede exhibition of Russian art in the United States.
Chabad will not seek to enforce the judgment or civil contempt order by seeking to attach any art or objects of cultural significance subject to the immunity protections of 22 U.S.C. section 2459. It made that position clear to the District Court and to Russia long ago, and the Court has re-affirmed the immunity of such art under United States law. Russia's threat is a bogus attempt to turn American public opinion against Chabad.
Chabad is headquartered in Brooklyn, New York with over 4,500 international branches; it is the largest Jewish organization in the world today.
Chabad is represented by attorneys Marshall B. Grossman and Seth M. Gerber of Bingham McCutchen LLP, and by Nathan Lewin and Alyza D. Lewin of Lewin & Lewin, LLP.
Offering a broad range of market-leading practices focused on global companies, Bingham, www.bingham.com, has approximately 1,000 lawyers in 14 offices in the U.S., Europe and Asia. Follow the firm on Twitter @BinghamLaw.
Based in Washington, D.C., Lewin & Lewin LLP– www.lewinlewin.com – specializes in Supreme Court and federal appellate litigation and is available for consultation by lawyers and clients in complex criminal and civil matters in federal courts. Lewin & Lewin also represents clients and assists attorneys in relations with federal legislative, executive and administrative agencies.
SOURCE Bingham McCutchen LLP
Increasing IoT connectivity is forcing enterprises to find elegant solutions to organize and visualize all incoming data from these connected devices with re-configurable dashboard widgets to effectively allow rapid decision-making for everything from immediate actions in tactical situations to strategic analysis and reporting. In his session at 18th Cloud Expo, Shikhir Singh, Senior Developer Relations Manager at Sencha, will discuss how to create HTML5 dashboards that interact with IoT devic...
May. 5, 2016 10:00 AM EDT Reads: 1,443
Artificial Intelligence has the potential to massively disrupt IoT. In his session at 18th Cloud Expo, AJ Abdallat, CEO of Beyond AI, will discuss what the five main drivers are in Artificial Intelligence that could shape the future of the Internet of Things. AJ Abdallat is CEO of Beyond AI. He has over 20 years of management experience in the fields of artificial intelligence, sensors, instruments, devices and software for telecommunications, life sciences, environmental monitoring, process...
May. 5, 2016 09:30 AM EDT Reads: 1,450
You think you know what’s in your data. But do you? Most organizations are now aware of the business intelligence represented by their data. Data science stands to take this to a level you never thought of – literally. The techniques of data science, when used with the capabilities of Big Data technologies, can make connections you had not yet imagined, helping you discover new insights and ask new questions of your data. In his session at @ThingsExpo, Sarbjit Sarkaria, data science team lead ...
May. 5, 2016 09:00 AM EDT Reads: 1,246
SYS-CON Events announced today that Ericsson has been named “Gold Sponsor” of SYS-CON's @ThingsExpo, which will take place on June 7-9, 2016, at the Javits Center in New York, New York. Ericsson is a world leader in the rapidly changing environment of communications technology – providing equipment, software and services to enable transformation through mobility. Some 40 percent of global mobile traffic runs through networks we have supplied. More than 1 billion subscribers around the world re...
May. 5, 2016 08:45 AM EDT Reads: 1,372
We're entering the post-smartphone era, where wearable gadgets from watches and fitness bands to glasses and health aids will power the next technological revolution. With mass adoption of wearable devices comes a new data ecosystem that must be protected. Wearables open new pathways that facilitate the tracking, sharing and storing of consumers’ personal health, location and daily activity data. Consumers have some idea of the data these devices capture, but most don’t realize how revealing and...
May. 5, 2016 08:30 AM EDT Reads: 711
We’ve worked with dozens of early adopters across numerous industries and will debunk common misperceptions, which starts with understanding that many of the connected products we’ll use over the next 5 years are already products, they’re just not yet connected. With an IoT product, time-in-market provides much more essential feedback than ever before. Innovation comes from what you do with the data that the connected product provides in order to enhance the customer experience and optimize busi...
May. 5, 2016 06:00 AM EDT Reads: 1,347
In his session at @ThingsExpo, Chris Klein, CEO and Co-founder of Rachio, will discuss next generation communities that are using IoT to create more sustainable, intelligent communities. One example is Sterling Ranch, a 10,000 home development that – with the help of Siemens – will integrate IoT technology into the community to provide residents with energy and water savings as well as intelligent security. Everything from stop lights to sprinkler systems to building infrastructures will run ef...
May. 5, 2016 02:00 AM EDT Reads: 1,305
Manufacturers are embracing the Industrial Internet the same way consumers are leveraging Fitbits – to improve overall health and wellness. Both can provide consistent measurement, visibility, and suggest performance improvements customized to help reach goals. Fitbit users can view real-time data and make adjustments to increase their activity. In his session at @ThingsExpo, Mark Bernardo Professional Services Leader, Americas, at GE Digital, will discuss how leveraging the Industrial Interne...
May. 5, 2016 12:45 AM EDT Reads: 1,394
The increasing popularity of the Internet of Things necessitates that our physical and cognitive relationship with wearable technology will change rapidly in the near future. This advent means logging has become a thing of the past. Before, it was on us to track our own data, but now that data is automatically available. What does this mean for mHealth and the "connected" body? In her session at @ThingsExpo, Lisa Calkins, CEO and co-founder of Amadeus Consulting, will discuss the impact of wea...
May. 5, 2016 12:00 AM EDT Reads: 1,219
Whether your IoT service is connecting cars, homes, appliances, wearable, cameras or other devices, one question hangs in the balance – how do you actually make money from this service? The ability to turn your IoT service into profit requires the ability to create a monetization strategy that is flexible, scalable and working for you in real-time. It must be a transparent, smoothly implemented strategy that all stakeholders – from customers to the board – will be able to understand and comprehe...
May. 4, 2016 11:45 PM EDT Reads: 1,280
The demand for organizations to expand their infrastructure to multiple IT environments like the cloud, on-premise, mobile, bring your own device (BYOD) and the Internet of Things (IoT) continues to grow. As this hybrid infrastructure increases, the challenge to monitor the security of these systems increases in volume and complexity. In his session at 18th Cloud Expo, Stephen Coty, Chief Security Evangelist at Alert Logic, will show how properly configured and managed security architecture can...
May. 4, 2016 05:15 PM EDT Reads: 501
A critical component of any IoT project is the back-end systems that capture data from remote IoT devices and structure it in a way to answer useful questions. Traditional data warehouse and analytical systems are mature technologies that can be used to handle large data sets, but they are not well suited to many IoT-scale products and the need for real-time insights. At Fuze, we have developed a backend platform as part of our mobility-oriented cloud service that uses Big Data-based approache...
May. 4, 2016 03:30 PM EDT Reads: 720
SYS-CON Events announced today that Peak 10, Inc., a national IT infrastructure and cloud services provider, will exhibit at SYS-CON's 18th International Cloud Expo®, which will take place on June 7-9, 2016, at the Javits Center in New York City, NY. Peak 10 provides reliable, tailored data center and network services, cloud and managed services. Its solutions are designed to scale and adapt to customers’ changing business needs, enabling them to lower costs, improve performance and focus inter...
May. 4, 2016 01:00 PM EDT Reads: 1,462
The IoTs will challenge the status quo of how IT and development organizations operate. Or will it? Certainly the fog layer of IoT requires special insights about data ontology, security and transactional integrity. But the developmental challenges are the same: People, Process and Platform. In his session at @ThingsExpo, Craig Sproule, CEO of Metavine, will demonstrate how to move beyond today's coding paradigm and share the must-have mindsets for removing complexity from the development proc...
May. 4, 2016 12:45 PM EDT Reads: 976
trust and privacy in their ecosystem. Assurance and protection of device identity, secure data encryption and authentication are the key security challenges organizations are trying to address when integrating IoT devices. This holds true for IoT applications in a wide range of industries, for example, healthcare, consumer devices, and manufacturing. In his session at @ThingsExpo, Lancen LaChance, vice president of product management, IoT solutions at GlobalSign, will teach IoT developers how t...
May. 4, 2016 12:15 PM EDT Reads: 636
There is an ever-growing explosion of new devices that are connected to the Internet using “cloud” solutions. This rapid growth is creating a massive new demand for efficient access to data. And it’s not just about connecting to that data anymore. This new demand is bringing new issues and challenges and it is important for companies to scale for the coming growth. And with that scaling comes the need for greater security, gathering and data analysis, storage, connectivity and, of course, the...
May. 4, 2016 11:15 AM EDT Reads: 1,286
So, you bought into the current machine learning craze and went on to collect millions/billions of records from this promising new data source. Now, what do you do with them? Too often, the abundance of data quickly turns into an abundance of problems. How do you extract that "magic essence" from your data without falling into the common pitfalls? In her session at @ThingsExpo, Natalia Ponomareva, Software Engineer at Google, will provide tips on how to be successful in large scale machine lear...
May. 4, 2016 10:00 AM EDT Reads: 1,544
Digital payments using wearable devices such as smart watches, fitness trackers, and payment wristbands are an increasing area of focus for industry participants, and consumer acceptance from early trials and deployments has encouraged some of the biggest names in technology and banking to continue their push to drive growth in this nascent market. Wearable payment systems may utilize near field communication (NFC), radio frequency identification (RFID), or quick response (QR) codes and barcodes...
May. 4, 2016 08:15 AM EDT Reads: 1,032
The IETF draft standard for M2M certificates is a security solution specifically designed for the demanding needs of IoT/M2M applications. In his session at @ThingsExpo, Brian Romansky, VP of Strategic Technology at TrustPoint Innovation, will explain how M2M certificates can efficiently enable confidentiality, integrity, and authenticity on highly constrained devices.
May. 4, 2016 08:00 AM EDT Reads: 1,313
You deployed your app with the Bluemix PaaS and it's gaining some serious traction, so it's time to make some tweaks. Did you design your application in a way that it can scale in the cloud? Were you even thinking about the cloud when you built the app? If not, chances are your app is going to break. Check out this webcast to learn various techniques for designing applications that will scale successfully in Bluemix, for the confidence you need to take your apps to the next level and beyond.
May. 3, 2016 12:15 PM EDT Reads: 1,637