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Immigration
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February 26, 2024
Texas Brings High Court Ruling Into Border Wire Removal Suit
The Lone Star State told the Fifth Circuit that the high court's recent, unanimous decision keeping the federal government on the hook for inaccurate credit reports undermined the Biden administration's claims that its removal of Texas' border wire was protected from court review.
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February 26, 2024
AILA Vows Action To Fight Potentially Illegal Asylum Policies
The American Immigration Lawyers Association warned President Joe Biden that it stands ready to oppose any changes to asylum policy that would be beyond the president's authority and that would violate U.S. and international asylum law.
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February 26, 2024
GOP States, Groups Back Texas In Rio Grande Barrier Fight
Republican-led states and conservative groups have filed briefs supporting Texas in its legal fight with the Biden administration over the 1,000-foot anti-migrant barrier in the Rio Grande, echoing the Lone Star State's argument that it has a constitutional right to defend itself from an "invasion" of migrants from Mexico.
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February 23, 2024
Over 150 Orgs Warn Biden Asylum Ban Would 'Stain' Legacy
More than 150 organizations warned President Joe Biden that his administration was embracing policies that mirror those of former President Donald Trump, citing what they said has been a shift to cruel immigration policies from when Biden first took office.
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February 23, 2024
9th Circ. Says Asylum Rightly Denied Over UK Assault Record
The Ninth Circuit on Friday ruled that a noncitizen was ineligible for asylum, finding reliable the U.S. Department of Homeland Security's evidence that he had sexually assaulted minors while living in the United Kingdom.
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February 23, 2024
ABA Report Says Electronic Monitoring Of Migrants Is Punitive
The electronic monitoring of noncitizens by immigration authorities amounts to a form of detention that imposes a "considerable human toll" on immigrants and their families and may even violate constitutional guarantees of due process, according to a report commissioned by the American Bar Association that was released Friday.
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February 23, 2024
Feds Back ICE Contractor In 9th Circ. Detainee Wage Fight
The federal government told the Ninth Circuit that immigrant detainees at contractor-run facilities aren't covered by state labor laws, backing GEO Group Inc.'s effort to overturn $23.2 million in judgments that found a detainee work program violated Washington's minimum wage law.
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February 23, 2024
Post-Conviction Relief Can't Save Immigrant From Removal
A Kansas state court order vacating an immigrant's theft convictions was found insufficient to undo a deportation order, with the Board of Immigration Appeals saying Friday that the Kansas court hadn't provided a reason for walking back the convictions.
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February 22, 2024
Texas Developer Battles DOJ's 1st Predatory Mortgages Suit
A Texas land developer is fighting back against a high-profile predatory lending lawsuit filed by the U.S. Department of Justice and Consumer Financial Protection Bureau, telling a Houston federal judge that the government's "reverse redlining" theory isn't legally sound and relies on sloppy loan comparisons.
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February 22, 2024
Feds Can't Keep Depositions In Family Separation Suit Private
A California federal judge ruled Thursday that the U.S. government can't keep deposition transcripts private in a lawsuit by families separated at the border during the Trump administration, saying no harm would come from making them public.
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February 22, 2024
Judge Irked By Arbitration Ask Years Into Au Pair Wage Case
A Massachusetts federal judge on Thursday twice lobbed the phrase "judge shopping" at lawyers for an au pair placement agency that, four years into a proposed collective wage action by former child care workers, now want the case sent to arbitration in Switzerland.
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February 22, 2024
SD Winery Gets New Go At Hiring Foreign Kitchen Staff
A U.S. Department of Labor appeals board on Wednesday revived a South Dakota winery's quest to temporarily hire foreign kitchen staff for its tourist season, faulting a certifying officer for giving the winery only one way to fix a hiring date discrepancy.
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February 22, 2024
NY Judge Halts State Ag Law's Anti-Union Speech Restriction
A New York federal judge paused enforcement of a section of a state agricultural labor law that would make it an unfair labor practice to discourage unionization, saying claims from a farming group that the provision violates the First Amendment have a chance of success.
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February 22, 2024
ICE's Immunity Bars Bulk Of Virus Death Suit, For Now
U.S. Immigration and Customs Enforcement has for now dodged most of a lawsuit over the death of a man who contracted COVID-19 in detention, after a California federal court ruled that sovereign immunity barred most of the case.
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February 21, 2024
9th Circ. Judge Slams DOJ 'About-Face' In Asylum Rule Case
A split Ninth Circuit panel agreed Wednesday to pause the Biden administration's appeal of a lower court order vacating a rule limiting asylum, as a dissenting judge excoriated the government for trying to settle the case after forcefully defending the rule.
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February 21, 2024
4th Circ. Tosses Migrant Bond Co.'s CFPB Funding Challenge
The Fourth Circuit on Wednesday dismissed an appeal from an immigrant bond service company being sued by the Consumer Financial Protection Bureau for allegedly running a predatory scheme, finding that the court has no appellate jurisdiction over the litigation.
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February 21, 2024
Dubious Of Peak Season Claims, Judge Nixes Lodge's H-2B App
A U.S. Department of Labor judge has rejected a South Dakota hunting lodge's efforts to hire six seasonal housekeepers for hunting season, saying the work hours logged in its payroll reports undermine claims of a "crushing" need during the early part of the season.
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February 21, 2024
Residential Developer Loses Bid For Temp Foreign Pipelayers
A residential real estate developer can't temporarily hire 20 foreign pipelayers to work on five new projects after a U.S. Department of Labor appeals board ruled that the developer failed to show a certifying officer that the jobs were seasonal.
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February 21, 2024
Texas Seeks Nonprofit Shutdown, Alleges Migrant Smuggling
Texas' attorney general wants a court in El Paso County to shut down a Catholic nonprofit organization for allegedly denying the state immediate access to records to evaluate whether the organization was smuggling or harboring migrants, among other alleged legal violations.
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February 20, 2024
Liberal Justices Hint Chevron Deference Hanging By A Thread
In the U.S. Supreme Court's latest battle royal over administrative powers, left-leaning justices at oral arguments Tuesday openly suggested that the landmark legal doctrine underpinning modern rulemaking might soon shrivel up, clearing the way for industry-led challenges to regulations on the books for decades.
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February 20, 2024
Farms Say Workers Haven't Tied Them To Abusive Tactics
Two agricultural companies look to escape claims that they trafficked a group of migrant workers, telling a Michigan federal court that the workers hadn't shown how they could have known that a recruiter used abusive tactics to obtain their labor.
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February 20, 2024
Developers Deny 'Shell Game' Amid Push For More Sanctions
Real estate developers facing potential imprisonment over their failure to pay EB-5 investors at least $26 million in settlement and sanction judgments have told an Illinois federal court their money is not hidden in a "shell game" but rather tied up in receivership proceedings the investors already know about.
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February 20, 2024
Restoration Architect Says Visa Denial Ignored Evidence
A Colombian restoration architect who wants to address the affordable housing shortage in the U.S., accused immigration officials in Florida federal court of disregarding more than 1,000 pages of evidence in denying him a national interest waiver for a visa.
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February 20, 2024
Permanent Need Dooms Request For H-2B Home Health Aides
A U.S. Department of Labor appeals board has upheld the rejection of a business's request to hire four home health aides under the H-2B temporary foreign worker program, determining a certifying officer did not act arbitrarily and capriciously in finding the company failed to show its need for workers was temporary.
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February 20, 2024
Lack Of Evidence Kills Biz Group's Bid To Hire Foreign Janitors
A U.S. Department of Labor appeals board shot down a Las Vegas-based Hispanic business group's bid to hire 100 foreign janitors to work during its event season, saying the group failed to hand over evidence to back its seasonal need.
Expert Analysis
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Learning From This Year's Legal Industry Discrimination Suits
To limit the risk of lawsuits and make the workplace a more welcoming environment for female attorneys, it is important to reflect on lawyers' recent discrimination and sexual harassment claims against law firms and public employers, says Hope Comisky at Griesing Law.
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Series
The Future Of Legal Ops: AI Has Important Role To Play
Though the debut of OpenAI's ChatGPT has prompted some fears about negative impact on lawyers, artificial intelligence technology can be a powerful tool for legal operations professionals if used effectively to augment their work, say Justin Ben-Asher and Gwendolyn Renigar at Steptoe, and Elizabeth Matthews at TotalEnergies.
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4 Proactive Strategies For 'Rocket Docket' Discovery In SDNY
With more than half of Southern District of New York judges now allowing four or fewer months for fact discovery, civil litigators in this aspiring "rocket docket" jurisdiction should prioritize case management methods that make the most of this compressed timeline, say Jaclyn Grodin and Nicholas Cutaia at Goulston & Storrs.
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Opinion
Increasing Law Firm Polarization Will Degrade Rule Of Law
As evidenced in recent instances of law firms separating from attorneys who represented certain industries or espoused certain views, firms and the legal practice itself have grown troublingly polarized and intolerant of dissent, says Rebecca Roiphe at New York Law School.
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How To Deal With Difficult Clients, Practically And Ethically
Meredith Stoma at Lewis Brisbois discusses common obstacles for counsel working with difficult clients and provides guidance on ethically managing or terminating these challenging relationships — as, for example, counsel for Ye have recently done.
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Opinion
Federal Courts Should Adopt Supreme Court's Amicus Stance
The federal courts of appeals should adopt the U.S. Supreme Court's new approach to amicus curiae briefs, which allows the friend-of-the-court submissions to be filed without consent from the court or the parties, says Lawrence Ebner at Atlantic Legal Foundation.
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Why NIL Policy Isn't A Game Changer For Int'l Students
While it's been over a year since the NCAA's groundbreaking policy change allowing paid sponsorships, most international student-athletes will be unable to benefit until U.S. government agencies clarify the immigration consequences, says Gabriel Castro at BAL.
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3 Pricing Trends In Law Firm Use Of Litigation Funding
As BigLaw firms increasingly include litigation funding as a financing option for clients, internal pricing groups are taking the lead on standardizing and centralizing firm processes, and aggregating risk budgets, says Brendan Dyer at Woodsford Group.
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Safeguarding Attorneys' Greatest Asset: Our Mental Health
Attorneys who understand that mental fitness is their most valuable characteristic should prioritize mental health care accordingly, including with certain activities they may not realize qualify as self-care, says Wendy Robbins at Holland & Knight.
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Digital Nomads: Key Considerations For Global Businesses
As employers and employees embrace remote, location-independent work arrangements enabled by technology, they must be mindful of the employment law and tax consequences such arrangements may trigger, say Hannah Wilkins and Audrey Elliott at Eversheds Sutherland.
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Top 10 Labor And Employment Issues In M&A Transactions
In order to ensure that M&A transactions come to fruition in the current uncertain environment, companies should keep several labor and employment issues in mind during the due diligence process to minimize risk, says Cassidy Mara at Akerman.
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Opinion
Law Schools Are Right To Steer Clear Of US News Rankings
By opting out of participating in the U.S. News & World Report annual rankings, law schools abandon a profoundly flawed system and free up their resources to adapt to the tsunami of changes overtaking the profession, says Nicholas Allard at Jacksonville University College of Law.
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Opinion
Litigation Funders Seek Transparency In Disclosure Debate
Litigation funders want to correct the record on calls for funding disclosure in the name of transparency, as this purported justification obscures the disclosure's adverse effects — prejudicing plaintiffs' cases and discouraging the assertion of meritorious legal claims, say Dai Wai Chin Feman and William Weisman at Parabellum Capital.
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Employee Immigration Considerations For M&A Due Diligence
For a company going through a merger or acquisition, an immediate review of immigration issues, including compliance and impediments to employee retention, can remove several stumbling blocks known to trip up otherwise viable deals, say Elizabeth Gibbes and Miguel Manna at Parker Poe.
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5 Principles For Better Professional Development Programs
The pandemic and ensuing "great resignation" have resulted in a more transient legal work force, but law firms can use effective professional development programs to bridge a cultural gap with new associates and stem associate attrition, says Matthew Woods at Robins Kaplan.