misu in any event the misuse had bee publicly reported by time meda made the statement that issue andponded any claim based on the continued misuse of the data. far fromeing virtually certain to cause a risk of harm to the business, the ini misuse did not result in any harm when it was publicly reported. under any approach und the ni circuit petitioners are entitled to prevail get it should be reversed. welcome the courts questions the risk disclosure, justice thomas warned about harm. to theess or reputatio. >> i thought the district court only focused on falsity misleadi, whether or not this was false or mislead >> that is correct. this is not about injur to the plaintiff's or any other elements. this is about thent of when you look at what this risk disclosure is warning about, it is warning about harm t business or reputation. >> the problem is that a reasonable person could look at stateme and assume that because inly talks a future probabili of this harm or this event occurring you also have another 105 statement in which you do discuss past events. why would it want be able to

did not imply that meda had never previously suffered such misuse. in any e the misuse had been publicly reported by the time meda made the statement that issue and responded any claim ban the continued misuse of the data far from being virtually cer to cause a risk of harm the business, the initial misuse did not result in any harm when it was publicly rep. under any approach under the ninthit petitioners are entitled to prevail get it should be reversed. i welcome the courts questions. the risk disclosure, justice thomas warned about harm. to the business or reputation >> i thought the district court only focused on falsity or misleading, whether or not this was false or misleading. >> that is correct. this is not about injury to the elements.'s or any other this is about the element of falsehood. when you lookt what this risk disclosure is warning about, it is warning about harm to business outation. >> the problems that a reasonable person could look at the statement and assume that because it only talks about future probabilities of this harm or

the same kind of animosity the same kind of resistance, the same kind of crazcraziness we soften the meda not going to go willingly along with this agenda even though the american people have spoken so definitively even 49 out of 50 states move toward the former president and the republican party even though he won more among rural areas in ad suburban areas and cities, heck he is going to end up losing new jersey only by about five points he's going to end up spreading in terms of arizona. he turned new jersey into a swing state still these democrats are going to stick to this mantra that says it's just because americans are racist and sexist et cetera et cetera people need to be prepared for that because it's not going to change. they are still going to be convinced it's the voters who are wrong. mark: the media reflect the elements and vice versa don't they? unless these massive corporations with its comcast, paramount, or disney or what have you, unless the shareholders start to come to these meetings and look we do not want joy reed who is basically a bigot day in and day out. we do

how are you thinking about this ask of judge meda?> well, my initial reaction is to go to the worst case scenario, which would be, in fact, that chrome gets spun out. in that case, google's call it 90% search share within kind of the, i think what i would consider developed countries, 90% share is going to drop, probably goes to 80%, and in that case, you probably get a search business that was growing at 10 to 14% over the past several quarters to quickly drop down to low single digits, maybe potentially even going negative for a little bit. and so, this is -- the reason why the stock is down 5% is that this really gets to the core of half their business, which is search, and they will claw that back over time if this does get spun out. people love google, and they will slowly come back just like they did with the index when they switched out their core and fire fox. and so, that's the first place my mind goes to. the second place is, what's the probability of this actually happening? i think the panel outlined it appropriately. i th

. >> i can imagine a framer ciever is just a block of meda that's not readily convertible. so if i can point to one item that wouldn' qualify, would -- could be swept up potenti by the newulation, is that enough to deat a facial challenge? is it enough ors that always as ali challenge? >> that is not enough to defeat a facial challenge. the only question the court should be asking in this case is whether there is anything on the face of the rule that is contradicted by the statutory text. and they can'takthat showing here. it itr that they triedo suggest and your question touches on the ide thathe might be particular marginal productsuthere that could test the bounds wther something is converten but the court doesn't need to consider ose kinds of products in this case because that can all be adjudicated. >> you use the -- our statement versus ncir, which basically tracks you're just saying. but in reno ve flores, we use a different standard and said thatpondent to prevail must establish there are to set of circumstances exists under which the reguliowould be valid. you didn

mathematically demonstrating it did not look like meda. also want to point out the journal, the post, the "new york times," politico mainstream media heparin thoughtful pieces on this. even trade journals you see reports on this they properly cover the reporting of the microsoft report. i think print journalism has done a good job this cycle. i get if you go on msnbc or fox you get a blast of one version of the truth. the print media i think there's a reasonable discussion of the microsoft reports and the independent reports like max and a lot of other private organizations looking at this. that's the cause for optimism. over time they can do it because the 24/7 cycle i'm not sure the cable news network's will ever get there. >> do you have any other questions in the room? okay over here. >> i am from the polish embassy. have a question regarding hurricane helene from a couple of weeks ago. it was often said the disinformation that was happening around the hurricane was the russian interference int previousnt natural catastrophes. in the u

meda president libby quote from the new york times opinion piece, of october 9th, 2024, little more than a month ago when american doctors and nurses in gaza these are americans. there working in gaza they describe what they saw on the ground. a nurse from new mexico said, these people were starving and she's only about healthcare workers. quickly not bring water or eat the food i had brought in front of healthcare workers music on so many days without. without food or water. the doctor of ohio said, malnutrition was widespread and is coming to see the patient's reminiscent of nasi comps into concentration camps with skeletal features. bureau mohammed my hangers dallas texas, she said that everyone we met showed us pictures of themselves for october and they all lost 20 — 60 pounds of weight most patients and staff look dehydrated. doctor from philadelphia said every patient that i treated evidence at malnutrition reasonable for wound healing rapidly developing infections printed and another doctor from texas said, mothers of the maternity ward delivered prematurely because of malnutriti

. >> this was misuse by a user who was given permission -- >> by meda. ok. go ahead. >> correct. so i this kind of event is comfortably encompassed by the language of item 105. we're not saying th to t into the specifics of cambridge analica, but they at least had to acknowledge that events of nature had previously occurred in order to avoid leaving the kind of misleading essi that was left here. and i don't think, as your honor was suggesting, thers noasis in this court's case law for the idea that the sec has to specifically lay out the particular k half-truths that a disclosure may make to the investing public in order rule 10b-5.o be actionable under >> or exactly what won't previously -- >> right. ri elements of this cause of action requir e what a reasonable investor would think, that is enough of a protection. so i don't thine's any kind of fair notice issue here. >> and in terms of this question, you say it fits, and i agree wi, under 105 beca what could -- they knew they had a 30 million user misuse. they knew that it had not and when they sought cambridge's assurances t

. >> by meda. ok. go aad. >> correct.o i think this kind of event is mforbly encompassed by the language of item 105. we're not saying they had to get into the specifics of cambridge acknowledge that events oft had this nature had previously occurred in order to avoid leaving th of sleading impression that was left here. and i't ink, as your honor was suggesting, there's no basis in this court's case law for the idea that the sec has to specifically lay out the particular kind of half-truths that a disclosurmakeo the investblicn order for those to be actionable under rule 10b-5. >> or exactly what won't previously -- ht. right. the fact that this -- the elements of this cause of acti requir e what a reasonable investor would think, that is enough of a protection. so i don't think there's any kind of faice issue here. question, you say it fits, and agree with you, under 105 because of what could -- they knew they had a 30 million user misuse. they knew that it had not been erasthe company. and when they sought cambridges a

ese ustÉ no serÁ nadie la vida o el dinero es malo, llora digo el dinero es importante porque meda opcionesoria o desarrollar demencia, karla: seguimos con mÁs de "despierta amÉrica".perder la memoria desarrollar demencia es un miedo para muchos. sabÍas que hay distintos tipos de memoria? estÁ el "dr. juan" para hablar de esto aquÍ. juan: este segmento lo hacemos porque hace pocoyo leo un artÍculo, ni familia y demencia como tÚ sabes y bÁsicamente en el artÍculo decÍa son los diferentes tipos de memoria. y dije hay que hacer cemento sobre esto. si no te acuerdas que no estuvo el dÍa de tu boda. lo que esas unas de la maÑana. en donde estuviste cuando un ser querido falleciÓ. cuando uno pierde son las cosas que se te van olvidando. otra memoria que se llama memoria semÁntica, se te olvidan cosas como cuÁl es la capital de diferentes estados, datos histÓricos, por ejemplo cuando descubriÓ cristÓbal colÓn amÉrica. lo que tÚ te sabÍas porque no estudiaste cuando se te va la memoria se te van esos datos del cerebro. no puedes reproducirlos. memoria de trabajo. la memoria de trabajo se te olvidÓ