|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
The idea of comparing data in motion (at the sensor level) to data at rest (in a Big Data server warehouse) with predictive analytics in the cloud is very appealing to the industrial IoT sector. The problem Big Data vendors have, however, is access to that data in motion at the sensor location. In his session at @ThingsExpo, Scott Allen, CMO of FreeWave, discussed how as IoT is increasingly adopted by industrial markets, there is going to be an increased demand for sensor data from the outermos...
Jun. 29, 2016 04:00 PM EDT Reads: 255
UAS, drones or unmanned aircraft, no matter what you call them — this was their week. Our news stream was flooded with updates on the newly announced rules and regulations for commercial UAS from the FAA. So, naturally we have dedicated this week’s top news round up to highlight some of our favorite UAS stories.
Jun. 29, 2016 03:02 PM EDT Reads: 144
Internet of @ThingsExpo has announced today that Chris Matthieu has been named tech chair of Internet of @ThingsExpo 2016 Silicon Valley. The 6thInternet of @ThingsExpo will take place on November 1–3, 2016, at the Santa Clara Convention Center in Santa Clara, CA.
Jun. 29, 2016 03:00 PM EDT Reads: 271
CenturyLink has announced that application server solutions from GENBAND are now available as part of CenturyLink’s Networx contracts. The General Services Administration (GSA)’s Networx program includes the largest telecommunications contract vehicles ever awarded by the federal government. CenturyLink recently secured an extension through spring 2020 of its offerings available to federal government agencies via GSA’s Networx Universal and Enterprise contracts. GENBAND’s EXPERiUS™ Application...
Jun. 29, 2016 02:00 PM EDT Reads: 303
Basho Technologies has announced the latest release of Basho Riak TS, version 1.3. Riak TS is an enterprise-grade NoSQL database optimized for Internet of Things (IoT). The open source version enables developers to download the software for free and use it in production as well as make contributions to the code and develop applications around Riak TS. Enhancements to Riak TS make it quick, easy and cost-effective to spin up an instance to test new ideas and build IoT applications. In addition to...
Jun. 29, 2016 02:00 PM EDT Reads: 612
In addition to all the benefits, IoT is also bringing new kind of customer experience challenges - cars that unlock themselves, thermostats turning houses into saunas and baby video monitors broadcasting over the internet. This list can only increase because while IoT services should be intuitive and simple to use, the delivery ecosystem is a myriad of potential problems as IoT explodes complexity. So finding a performance issue is like finding the proverbial needle in the haystack.
Jun. 29, 2016 01:15 PM EDT Reads: 282
"We work in the area of Big Data analytics and Big Data analytics is a very crowded space - you have Hadoop, ETL, warehousing, visualization and there's a lot of effort trying to get these tools to talk to each other," explained Mukund Deshpande, head of the Analytics practice at Accelerite, in this SYS-CON.tv interview at 18th Cloud Expo, held June 7-9, 2016, at the Javits Center in New York City, NY.
Jun. 29, 2016 12:37 PM EDT Reads: 283
When people aren’t talking about VMs and containers, they’re talking about serverless architecture. Serverless is about no maintenance. It means you are not worried about low-level infrastructural and operational details. An event-driven serverless platform is a great use case for IoT. In his session at @ThingsExpo, Animesh Singh, an STSM and Lead for IBM Cloud Platform and Infrastructure, will detail how to build a distributed serverless, polyglot, microservices framework using open source tec...
Jun. 29, 2016 12:30 PM EDT Reads: 534
SYS-CON Events has announced today that Roger Strukhoff has been named conference chair of Cloud Expo and @ThingsExpo 2016 Silicon Valley. The 19th Cloud Expo and 6th @ThingsExpo will take place on November 1-3, 2016, at the Santa Clara Convention Center in Santa Clara, CA. "The Internet of Things brings trillions of dollars of opportunity to developers and enterprise IT, no matter how you measure it," stated Roger Strukhoff. "More importantly, it leverages the power of devices and the Interne...
Jun. 29, 2016 11:58 AM EDT Reads: 309
Apixio Inc. has raised $19.3 million in Series D venture capital funding led by SSM Partners with participation from First Analysis, Bain Capital Ventures and Apixio’s largest angel investor. Apixio will dedicate the proceeds toward advancing and scaling products powered by its cognitive computing platform, further enabling insights for optimal patient care. The Series D funding comes as Apixio experiences strong momentum and increasing demand for its HCC Profiler solution, which mines unstruc...
Jun. 29, 2016 11:00 AM EDT Reads: 484
The IoT is changing the way enterprises conduct business. In his session at @ThingsExpo, Eric Hoffman, Vice President at EastBanc Technologies, discussed how businesses can gain an edge over competitors by empowering consumers to take control through IoT. He cited examples such as a Washington, D.C.-based sports club that leveraged IoT and the cloud to develop a comprehensive booking system. He also highlighted how IoT can revitalize and restore outdated business models, making them profitable ...
Jun. 29, 2016 11:00 AM EDT Reads: 432
Presidio has received the 2015 EMC Partner Services Quality Award from EMC Corporation for achieving outstanding service excellence and customer satisfaction as measured by the EMC Partner Services Quality (PSQ) program. Presidio was also honored as the 2015 EMC Americas Marketing Excellence Partner of the Year and 2015 Mid-Market East Partner of the Year. The EMC PSQ program is a project-specific survey program designed for partners with Service Partner designations to solicit customer feedbac...
Jun. 29, 2016 11:00 AM EDT Reads: 566
IoT offers a value of almost $4 trillion to the manufacturing industry through platforms that can improve margins, optimize operations & drive high performance work teams. By using IoT technologies as a foundation, manufacturing customers are integrating worker safety with manufacturing systems, driving deep collaboration and utilizing analytics to exponentially increased per-unit margins. However, as Benoit Lheureux, the VP for Research at Gartner points out, “IoT project implementers often ...
Jun. 29, 2016 10:45 AM EDT Reads: 550
"delaPlex is a software development company. We do team-based outsourcing development," explained Mark Rivers, COO and Co-founder of delaPlex Software, in this SYS-CON.tv interview at 18th Cloud Expo, held June 7-9, 2016, at the Javits Center in New York City, NY.
Jun. 29, 2016 10:30 AM EDT Reads: 478
In his general session at 18th Cloud Expo, Lee Atchison, Principal Cloud Architect and Advocate at New Relic, discussed cloud as a ‘better data center’ and how it adds new capacity (faster) and improves application availability (redundancy). The cloud is a ‘Dynamic Tool for Dynamic Apps’ and resource allocation is an integral part of your application architecture, so use only the resources you need and allocate /de-allocate resources on the fly.
Jun. 29, 2016 10:00 AM EDT Reads: 1,284
Connected devices and the industrial internet are growing exponentially every year with Cisco expecting 50 billion devices to be in operation by 2020. In this period of growth, location-based insights are becoming invaluable to many businesses as they adopt new connected technologies. Knowing when and where these devices connect from is critical for a number of scenarios in supply chain management, disaster management, emergency response, M2M, location marketing and more. In his session at @Th...
Jun. 29, 2016 09:45 AM EDT Reads: 1,243
Machine Learning helps make complex systems more efficient. By applying advanced Machine Learning techniques such as Cognitive Fingerprinting, wind project operators can utilize these tools to learn from collected data, detect regular patterns, and optimize their own operations. In his session at 18th Cloud Expo, Stuart Gillen, Director of Business Development at SparkCognition, discussed how research has demonstrated the value of Machine Learning in delivering next generation analytics to imp...
Jun. 29, 2016 09:45 AM EDT Reads: 921
In his keynote at 18th Cloud Expo, Andrew Keys, Co-Founder of ConsenSys Enterprise, provided an overview of the evolution of the Internet and the Database and the future of their combination – the Blockchain. Andrew Keys is Co-Founder of ConsenSys Enterprise. He comes to ConsenSys Enterprise with capital markets, technology and entrepreneurial experience. Previously, he worked for UBS investment bank in equities analysis. Later, he was responsible for the creation and distribution of life sett...
Jun. 29, 2016 09:15 AM EDT Reads: 1,437
IoT is rapidly changing the way enterprises are using data to improve business decision-making. In order to derive business value, organizations must unlock insights from the data gathered and then act on these. In their session at @ThingsExpo, Eric Hoffman, Vice President at EastBanc Technologies, and Peter Shashkin, Head of Development Department at EastBanc Technologies, discussed how one organization leveraged IoT, cloud technology and data analysis to improve customer experiences and effi...
Jun. 29, 2016 09:15 AM EDT Reads: 494
There are several IoTs: the Industrial Internet, Consumer Wearables, Wearables and Healthcare, Supply Chains, and the movement toward Smart Grids, Cities, Regions, and Nations. There are competing communications standards every step of the way, a bewildering array of sensors and devices, and an entire world of competing data analytics platforms. To some this appears to be chaos. In this power panel at @ThingsExpo, moderated by Conference Chair Roger Strukhoff, Bradley Holt, Developer Advocate a...
Jun. 29, 2016 08:45 AM EDT Reads: 945