• March 20, 2018

    Trump Rallies Anti-Sanctuary City Officials At Roundtable

    President Donald Trump hosted a roundtable at the White House on Tuesday afternoon with Republican members of Congress and law enforcement representatives to discuss what they characterized as the public safety threat posed by sanctuary cities, arguing that they aim to protect criminal immigrants.

  • March 20, 2018

    Gov’t Litigation Tactics ‘Kafkaesque,’ 9th Circ. Judges Say

    A Malaysian woman who was wrongfully placed on the U.S. “no fly” list appeared to convince some Ninth Circuit judges Tuesday that the government litigated the decadelong case in bad faith and she is entitled to $3.8 million in attorneys’ fees, with two judges calling the federal legal strategy "Kafkaesque."

  • March 20, 2018

    Under Travel Ban 3.0 Attys Say To Stay Home

    The Trump administration has not offered clear guidance on how to obtain a waiver from the third iteration of its travel ban and gain entry to the U.S., leaving most attorneys saying immigrants from the affected countries who are already in the U.S. should avoid international travel altogether.

  • March 20, 2018

    Colo. Sheriff Temporarily Barred From Detaining Immigrants

    A Colorado county court on Monday temporarily barred a local sheriff’s office from keeping a putative class of immigrants in jail so that federal immigration agents can take them into custody, saying the practice likely violates state law.

  • March 20, 2018

    BIA Must Explain New Stance For Sex Offenses, 4th Circ. Says

    The Board of Immigration Appeals last year failed to adequately explain why it changed its policy and determined that sexual offenses against minors expose immigrants to deportation even if the perpetrator does not know that the victim was underage, the Fourth Circuit held on Tuesday.

  • March 20, 2018

    Noncitizen Soldiers Seek To Block New Naturalization Policy

    A putative class of noncitizen U.S. Army recruits accusing the government of unfairly delaying the expedited naturalization they were promised under a recently-paused program asked a D.C. federal judge to enjoin a policy that imposed new requirements on eligibility after they signed on to the program, calling the delays resulting from the policy a “cruel irony.”

  • March 20, 2018

    Forestry Co. Can't Stop DOL Action In H-2B Wage Dispute

    A Mississippi federal judge on Monday denied a forestry company’s motion to preliminarily block the U.S. Department of Labor from taking legal action against it for paying its H-2B visa workers a “corrected” wage determination, saying the company failed to justify such a move.

  • March 20, 2018

    EXCLUSIVE: Behind The Downfall Of Latham's Chairman

    Latham & Watkins LLP Chair Bill Voge announced his immediate resignation Tuesday afternoon following an admission that he had engaged in communications of a sexual nature with a person not connected to the firm.

  • March 19, 2018

    Senate Confirms Trump's Customs and Border Protection Pick

    The Senate has confirmed President Donald Trump’s choice to permanently lead U.S. Customs and Border Protection on Monday, elevating longtime agency official and acting Director Kevin McAleenan with a bipartisan vote.

  • March 19, 2018

    DC Circ. Told To Ignore Shepherds' H-2A Visa Rule Challenge

    The federal government and a pair of ranch advocate groups voiced their opposition on Friday to a D.C. Circuit challenge brought by organizations representing foreign-born shepherds that claim the government is illegally issuing the shepherds H-2A nonimmigrant temporary work visas even though their work is more permanent.

  • March 19, 2018

    Fla. Man Charged With H-2B Visa Fraud

    A Florida resident has been arrested and charged with visa fraud in federal court after allegedly filing false H-2B visa certification and immigration petitions that allowed more than 300 people from Jamaica into the United States, the U.S. Department of Justice announced on Friday.

  • March 19, 2018

    Trump Unveils 4-Point Plan For Easing Opioid Crisis

    President Donald Trump unveiled a four-part plan Monday for curbing the opioid crisis with a wide-ranging mix of policies, including tougher criminal enforcement, stricter border security, expanded addiction treatment and a nationwide educational campaign.

  • March 19, 2018

    Justices Won't Hear Ariz. Licenses, Deportation Order Cases

    The U.S. Supreme Court on Monday declined to review rulings that allowed Deferred Action for Childhood Arrivals participants to obtain driver’s licenses in Arizona and that affirmed the deportation of an Indian native who allegedly admitted in court to soliciting sex from a 14-year-old girl.

  • March 19, 2018

    Au Pair Cos. In Wage-Fixing Suit Say They Aren't Employers

    Several au pair companies on Friday in Colorado federal court pushed back at a bid to find them liable for some claims in a suit alleging they conspired to set unreasonably low pay rates for au pairs, saying that state and local wage laws don't apply to them.

  • March 19, 2018

    High Court To Review Bond Hearings For Criminal Immigrants

    The U.S. Supreme Court agreed Monday to hear the federal government’s appeal of two rulings that found only convicted immigrants who enter immigration custody soon after being released from criminal custody may be detained without bond hearings.

  • March 16, 2018

    Advocates Want Immigration Arrests At Courthouses Blocked

    A group of noncitizens petitioned a Massachusetts state court on Thursday to prohibit Immigration and Customs Enforcement officers from performing civil immigration arrests at courthouses, arguing that such arrests impede the administration of justice.

  • March 16, 2018

    BIA Clarifies Review Of Drug Convictions For Deportations

    The Board of Immigration Appeals has determined that immigration judges do not have to only look to the section of the Controlled Substances Act that is most like the law under which an individual is convicted when determining whether a state offense is a felony that makes someone deportable.

  • March 16, 2018

    Texas Sanctuary City Lawsuit Unlikely To Find New Life

    A Fifth Circuit ruling upholding the constitutionality of most of a Texas state law aimed at barring so-called sanctuary cities is different enough from other litigation percolating through federal courts that it’s an unlikely candidate for U.S. Supreme Court review, experts say.

  • March 16, 2018

    BALCA Denies OK Of Maid’s Employment Over Flawed Report

    The Board of Alien and Labor Certification Appeals on Thursday affirmed a certifying officer’s denial of permanent labor certification for a maid in Pacific Palisades, California, finding that the employer's recruitment report was deficient.

  • March 16, 2018

    9th Circ. Affirms Ex-CBP Official's Bribery Convictions

    The Ninth Circuit on Thursday affirmed six jury convictions against a former U.S. Customs and Border Protection official for his participation in a scheme to pay bribes to government employees to obtain green cards and other benefits for immigrants, saying questions about his past were fair game.

Expert Analysis

  • Opinion

    National Lawyers Need National Licensing For National Courts

    EJ Hurst II

    Just last month, a number of legal groups asked the Northern District of California to strike its rule requiring that, before seeking federal court admission, attorneys first be licensed by the state of California. It is irrational to exclude seasoned federal practitioners from general admission due to state bar approval while allowing raw state lawyers who have never been inside a federal courtroom, says attorney EJ Hurst.

  • Lawyering A La Carte: Unbundled Dispute Resolution Services

    David Wallace

    There's no reason for limiting unbundled legal services to family law or even pro se litigants. Wider adoption, especially by litigators, presents an opportunity to correct law's distribution and pricing problem, to make justice practically available to all, and to dethrone litigation as the "sport of kings," says New York-based trial lawyer David Wallace.

  • You’re Perfect, Now Change: Perfectionism Hurts Lawyers

    Peter Norman

    Like medical professionals, lawyers often resist policies to reduce errors due to the culture of perfectionism that permeates the industry. Autonomy is key to the legal professional's prestige and the outward demonstration of competence is key to maintaining autonomy, says Peter Norman of Winnieware LLC.

  • Opinion

    Grassley, Feinstein Debate Judicial Vetting, Obstruction

    Sen. Chuck Grassley

    It is undisputed that in his first year in office President Trump was able to confirm a significant number of judges to the federal bench. How it happened — and whether it's a good thing — are debated here by Sen. Chuck Grassley, R-Iowa, and Sen. Dianne Feinstein, D-Calif.

  • Congressional Forecast: March

    Layth Elhassani

    Upcoming congressional action for the duration of March appears likely to resolve the budget and appropriations impasse of the last several months, after U.S. House and Senate leaders and the White House were able to reach an agreement last month on topline spending numbers for fiscal year 2018, say Layth Elhassani and Kaitlyn McClure of Covington & Burling LLP.

  • 10 Tips For Working With IT To Preserve Data

    John Tredennick

    Increasingly, when courts impose a “legal hold” they require legal supervision of the preservation process, meaning lawyers must rely heavily on information technology professionals to execute the mechanics. John Tredennick of Catalyst Repository Systems and Alon Israely of TotalDiscovery offer insights on how legal and IT can work together to make the process more efficient and fulfill the company’s legal obligations.

  • High Court Tackles Constitutional Avoidance Doctrine

    Geoffrey Hoffman

    In Jennings v. Rodriguez the U.S. Supreme Court recently allowed the constitutional claims of Alejandro Rodriguez and those similarly situated to go forward on remand. However, the court’s clarification of the “constitutional avoidance doctrine” will have ramifications for years to come, says Geoffrey Hoffman of the University of Houston.

  • EB-1A: The Holy Grail Of Immigration Categories

    Matthew Kolodziej

    As it becomes harder to obtain other common visas, the EB-1A extraordinary ability immigrant category has become more and more attractive. However, it is also one of the most difficult to obtain, and may become even more so after implementation of “extreme vetting” policies by the Trump administration designed to tighten immigration requirements, says Matthew Kolodziej of Jia Law Group.

  • Protecting Privilege In Litigation Financing Negotiations

    Eric Robinson

    Multiple courts have held that discoverable material from negotiations with a litigation funder, when executed properly, can be attorney work product and immune from disclosure in the later litigation. The recent Acceleration Bay decision is indicative of what happens when difficult facts conflict with best practices, says Eric Robinson of Stevens & Lee PC.

  • How The E-2 Visa Aligns With Trump's Immigration Goals

    Matthew Minor

    Because several aspects of the E-2, or treaty investor, visa fit neatly with President Donald Trump's “Buy American, Hire American” policy, it is an excellent time for foreign nationals who may meet certain eligibility requirements to consider advancing a case in this visa category, says Matthew Minor of Hammond Law Group LLC.