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Russian State Media is Posting More on TikTok Ahead of the U.S. Presidential Election, Study Says
Russian state-affiliated accounts have boosted their use of TikTok and are getting more engagement on the short-form video platform ahead of the U.S. presidential election,iPhone Users Are Raising Complaints About This Glitch. Some Think They’ve Solved It
Across social media, iPhone users have reported waking up to the scary realization that they had missed their alarm. FKA twigs Creates Deepfake AI Version of Herself With a Special Use in Mind
British singer-songwriter FKA twigs addressed a U.S. Senate subcommittee about the dangers of artificial intelligence. Tesla Fires Bulk of Supercharger Team in Blow to Other Automakers
The decision to cut the nearly 500-person group, including its senior director, Rebecca Tinucci, was made by Chief Executive Officer Elon Musk.Thereas an AI Lobbying Frenzy in Washington. Big Tech Is Dominating
Spending on lobbying to shape AI policy in Washington is soaringaand tech giants are leading the charge.U.S. Government Needs to aGet It Righta on Artificial Intelligence
aWe can't afford to get this wrongaagain,a Shalanda Young, the director of the Office of Management and Budget, tells TIME.What You Need to Know About the New WhatsApp Features
WhatsApp has rolled out new features, including a "more secure way to log in."Here’s All the Countries With TikTok Bans as Platform’s Future in U.S. Hangs In Balance
Over 30 countries have imposed restrictions on the social media platform.Inside Googleas Plans to Combat Misinformation Ahead of the E.U. Elections
'Prebunking' is Google's latest effort to combat misinformation ahead of the E.U. electionsTech CEOs Say Ethical A.I. and Innovation Are aTwo Sides of the Same Coina
CEOs of start-ups and big tech companies spoke at the TIME100 Summit about innovating with artificial intelligence in an ethical way.Russian State Media is Posting More on TikTok Ahead of the U.S. Presidential Election, Study Says
Russian state-affiliated accounts have boosted their use of TikTok and are getting more engagement on the short-form video platform ahead of the U.S. presidential election,iPhone Users Are Raising Complaints About This Glitch. Some Think They’ve Solved It
Across social media, iPhone users have reported waking up to the scary realization that they had missed their alarm. FKA twigs Creates Deepfake AI Version of Herself With a Special Use in Mind
British singer-songwriter FKA twigs addressed a U.S. Senate subcommittee about the dangers of artificial intelligence. Tesla Fires Bulk of Supercharger Team in Blow to Other Automakers
The decision to cut the nearly 500-person group, including its senior director, Rebecca Tinucci, was made by Chief Executive Officer Elon Musk.Thereas an AI Lobbying Frenzy in Washington. Big Tech Is Dominating
Spending on lobbying to shape AI policy in Washington is soaringaand tech giants are leading the charge.U.S. Government Needs to aGet It Righta on Artificial Intelligence
aWe can't afford to get this wrongaagain,a Shalanda Young, the director of the Office of Management and Budget, tells TIME.What You Need to Know About the New WhatsApp Features
WhatsApp has rolled out new features, including a "more secure way to log in."Here’s All the Countries With TikTok Bans as Platform’s Future in U.S. Hangs In Balance
Over 30 countries have imposed restrictions on the social media platform.Inside Googleas Plans to Combat Misinformation Ahead of the E.U. Elections
'Prebunking' is Google's latest effort to combat misinformation ahead of the E.U. electionsTech CEOs Say Ethical A.I. and Innovation Are aTwo Sides of the Same Coina
CEOs of start-ups and big tech companies spoke at the TIME100 Summit about innovating with artificial intelligence in an ethical way.Closing Out
Well, I have left private practice and have taken a job with the US Attorney's Office. In light of my career change, this blog is shutting down. Thanks to everyone who dropped by for the latest SC legal news.
Merry Christmas.Constitutional issues with Clinton appointment???
"No Senator or Representative shall, during the Time for which he was elected, be appointed to any civil Office under the Authority of the United States which shall have been created, or the Emoluments whereof shall have been increased during such time; and no Person holding any Office under the United States, shall be a Member of either House during his Continuance in Office."
Clinton was in the Senate when a pay increase passed for Secretary of State. Thus, under this clause, she is not eligible for the office. This situation has come up in the past and Congress has simply passed a law reducing the salary to what it was before.
The LA Times has more on this issue here.Who will Obama appoint to SCOTUS?
The LA Times has this article.
The top three are:
Judges Diane Wood, 58, of the U.S. appeals court in Chicago;
Judge Sonia Sotomayor, 54, of the U.S. appeals court in New York;
and Elena Kagan, 48, dean of Harvard Law School.Billy Wilkins' return to the courtroom as a lawyer meets with success
From the Greenville News:
William W. aBillya Wilkins successfully argued against a motion in a shareholder suit against South Financial that asked for a temporary restraining order barring retirement payments to retired CEO Mack Whittle as part of a an agreement that the suit alleges is aunconscionablea and could threaten the companyas solvency if carried out.
The agreement would pay Whittle $10 million following his retirement in October, attorneys said in court Tuesday during a hearing before Circuit Judge John Few, who denied shareholder Vernon Mercieras request for the restraining order.
Not surprisingly, Wilkins's stock as an advocate is rising.SCOTUS vacates injunction against Naval use of sonar
Last week, the United States Supreme Court issued its first opinion of the new term: Winter v. Natural Resources Defense Council. This case concerned the Navyas use of mid frequency active sonar, which transmits sound waves at various frequencies. This type of sonar is used in Naval exercises, including training and tracking of submarines. The Ninth Circuit Court of Appeals upheld a preliminary injunction imposing restrictions on the Navyas sonar training, even though the record contained no evidence that marine mammals have been harmed by the activity. In arguing against the injunction, the Navy emphasized that it had used sonar during training exercises off the coast of California for forty (40) years, without a single documented injury to a marine mammal.
The injunction issued based on the Navyas alleged violation of the National Environmental Policy Act of 1969, which requires federal agencies to the fullest extent possible to draft an environmental impact statement for every major federal action affecting the quality of the human environment. The areas of the injunction that were in contention required the sonar to be shut down when a marine mammal was spotted within 2,200 yards of a vessel, and the requirement that the sonar be powered down during significant surface ducting conditions, in which sound travels further than it otherwise would due to temperature differences in adjacent layers of water.
In reversing and vacating the injunction, the Supreme Court noted that the District Court and Court of Appeals held that when a plaintiff demonstrates a strong likelihood of prevailing on the merits, a preliminary injunction may be entered based only on a apossibilitya of irreparable harm. The Supreme Court held that the preliminary injunction standard requires plaintiff seeking relief to demonstrate that irreparable injury is likely in the absence of an injunction. The issuing of a preliminary injunction based only on a possibility of irreparable harm is inconsistent with the courtas characterization of injunctive relief as an extraordinary remedy that may be awarded upon a clear showing that plaintiff is entitled to such relief.
The Supreme Court went on to note that even if the plaintiffs had shown irreparable injury from the training exercises, such an injury was outweighed by the public interest and the Navyas interest in effective, realistic training of its sailors. The court cited testimony from several Naval officers who emphasized that realistic training cannot be accomplished under the two challenged for civic restrictions imposed by the District Court.Obama could transform the Fourth Circuit
A snippet from the Richmond Times:
As president, Barack Obama and a new U.S. Senate could transform the Richmond-based 4th U.S. Circuit Court of Appeals, long one of the most conservative in the country.
President Bush failed to fill four vacancies on the 15-judge court, which decides cases on issues such as abortion, the death penalty and terrorism.
The Bush administration steered terrorism cases to the court, where it largely has been successful in protecting the president's national-security powers, though not always.
Six of the court's current judges were appointed by Republican presidents and five by Democrats.Judgment not necessary to pierce corporate veil
In Drury Development v. Foundation Insurance, the South Carolina Supreme Court answered the following certified question: whether a judgment against a corporation is a prerequisite to an alter ego claim. This question has come up often in South Carolina. Frequently, plaintiffs attempt to demand many financial documents of a corporation early in discovery on the basis of an alter ego claim. Defendants often counter that this discovery is premature and improper because no judgment has been entered against the corporation and therefore the issue of veil piercing cannot come up.
Noting that veil-piercing is a form of equitable relief, the South Carolina Supreme Court refused to impose "rigid rules of law to seek substantial justice." The court ultimately held that "so long as the plaintiff has pled facts sufficient to survive a motion to dismiss as to the corporate liability claims and the alter ego claim, the trial court should move forward to determination of both matters."Voter registration drives
Here is an interesting take on the voter registration movement and the duties of citizenship.SC Supreme Court says that dreadlocks is insufficient reason to strike juror
In McCrea v. Gheraibeh, the South Carolina Supreme Court reversed the denial of a Batson Motion and remanded the case for a new trial. This case arose out of an automobile accident. When three of six potential black jurors were struck, a Batson Motion was made. During the hearing, the lawyer striking the jurors stated that he struck one man with dreadlocks because he was uneasy about him. In accepting counselas explanation, the trial court stated that he knew both of the attorneys, was aware of their reputations in the community, and that he did not believe that the attorney would engage in racially high motivated conducted. Therefore, the trial judge accepted the auneasinessa argument regarding the dreadlocks.
In reversing on grounds of Batson, the Supreme Court held that uneasiness over dreadlocks was not a race-neutral reason for striking someone. Regardless of their gradual infiltration into mainstream American society, the court stated that dreadlocks retained their roots as a religious and social symbol of black culture. Hence, no race-neutral reason for striking the juror was offered.Court of Appeals issues opinion on 43k settlements
The following settlement was put on record just before trial:
Your Honor, the settlement thatas been reached is that this case will be dismissed with prejudice by an order of dismissal with prejudice to be consented to by the parties and signed by your honor.
Furthermore, the defendants, each and every one of them, will consent to and sign and deliver to me a confession of judgment which will provide for the payment of $165,000 within 18 months. And there will be additional payment terms in there, $25,000 of the 165 within 30 days.
Further, in kind consideration, in addition to the 165,000 the return of 15 rugs, three of which shall be room size Herizes, the confession of judgment will have an attorneyas fee provision that in the event of default, that the cost of enforcing the judgment or collecting the judgment will be recoverable.
And, finally, the confession of judgment will have a no contest stipulation. If itas required to be domesticated in some state other than South Carolina, the defendants agree not to contest the domestication.
Some weeks after this was put on the record, the parties disputed whether interest was applicable. The court of appeals held that even though interest was not mentioned, it was applicable. The court of appeals held that interest was applicable: "However, interest is provided for by statute. Section 34-31-20(A) provides '[i]n all cases of accounts stated and in all cases wherein any sum or sums of money shall be ascertained and, being due, shall draw interest according to law, the legal interest shall be at the rate of eight and three-fourths percent per annum.'"
The case is Vista Antiques v. Noaha.Page took 1 seconds to load.
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