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Immigration
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May 24, 2024
Biden's Judicial Impact And What's Left On The Wish List
President Joe Biden secured confirmation of his 200th federal judge Wednesday and has transformed the judiciary by picking more women and people of color than any other president. But the upcoming election season could derail his hopes of confirming many more judges.
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May 24, 2024
Wrong Circuit Law Used To Deport Moroccan, Board Says
The Board of Immigration Appeals faulted an immigration court for applying incorrect circuit law to deport a Moroccan national, saying Friday that the case was ruled by Sixth Circuit law, even though the case record was sent to the Third Circuit.
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May 24, 2024
9th Circ. Lets Hearsay Issue Slide In Unlawful Crossing Case
The Ninth Circuit affirmed a Mexican man's conviction for trying to enter the U.S. unlawfully, saying that while a lower court should've weighed whether a border agent's translated statements should be attributed to the man, any resulting error was harmless.
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May 24, 2024
Fla. Judge Revisits Scope Of Immigrant Transport Law Injunction
A Florida federal judge may backtrack on the scope of his order blocking a state law that criminalizes the transportation of unauthorized immigrants, after citing national discourse among legal experts on the appropriateness of universal injunctions.
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May 23, 2024
Md. Restaurant's Bid For H-2B Cooks Doomed By Payroll Data
A U.S. Department of Labor judge has refused to rescue a Baltimore Caribbean restaurant's efforts to hire cooks through the H-2B seasonal worker visa program, saying payroll records undermined claims that the restaurant experienced surging demand during the warmer months.
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May 23, 2024
ACLU Follows DOJ In Bid To Block Okla. Immigration Law
The American Civil Liberties Union on Thursday filed a lawsuit challenging an Oklahoma law criminalizing the presence of undocumented immigrants in the state, mirroring a similar suit the U.S. Department of Justice filed the day prior.
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May 23, 2024
Couple Wants ID Protection Of Afghan 'Baby Doe' Fam Lifted
A U.S. Marine and his wife accused of kidnapping an Afghan child urged a Virginia federal court to lift a protective order barring them from identifying the child or her relatives, saying the Taliban already knows the Afghan families' identities.
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May 23, 2024
NC GOP Wants 'Citizen-Only' Voting Question On Ballots
North Carolina Republicans on Thursday pushed to amend the state constitution to clarify that only U.S. citizens may vote in the state.
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May 23, 2024
Senate Democrats Join GOP To Kill Bipartisan Border Bill
The Senate on Thursday failed to pass a bipartisan border security and asylum bill touted by the White House, after four Democrats bailed on President Joe Biden's push to revive the legislation.
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May 22, 2024
9th Circ. Denies States' Bid To Weigh In On Asylum Limits
A split Ninth Circuit on Wednesday denied several states' motion to intervene in the Biden administration's bid to settle a lawsuit challenging a rule limiting asylum, saying the states lack interests warranting their involvement in settlement negotiations.
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May 22, 2024
Justices' CFPB Alliance May Save SEC Courts, Not Chevron
A four-justice concurrence to the U.S. Supreme Court's decision upholding the Consumer Financial Protection Bureau's unique funding scheme last week carries implications for other cases pending before the court that challenge the so-called administrative state, or the permanent cadre of regulatory agencies and career government enforcers who hold sway over vast swaths of American economic life.
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May 22, 2024
EB-5 Investors Say Developers' $150K Shouldn't Go To Attys
Chinese investors looking to recoup a nearly $40 million investment in failed developments urged an Illinois federal court against allowing bankrupt developers to use $150,000 in assets to pay the developers' attorneys, saying the lawyers shouldn't be paid before the investors.
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May 22, 2024
Iowa AG Says Immigration Law's Critics Must Unmask To Sue
Iowa's attorney general called on an Iowa federal court to force two immigrants challenging a law that provides state officials with deportation powers to reveal their identities, saying the pair haven't shown they would face serious danger if unmasked.
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May 22, 2024
DOJ Targets Okla. In Latest Suit Over State Immigration Laws
The U.S. Department of Justice is asserting the supremacy of federal immigration law once again, this time taking aim at the legality of an Oklahoma state law making it a crime for undocumented immigrants to live in the state.
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May 22, 2024
NY Judicial Nominee Defends Record Amid GOP Criticism
A judicial nominee for a New York federal court stood by her ruling allowing an inmate convicted of sex offenses to transfer from a male to female prison, amid concerns from Republicans that led to some dramatics Wednesday in a congressional hearing room.
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May 22, 2024
Fla. Judge Blocks Immigrant Transport Law During Litigation
A Florida federal judge on Wednesday temporarily blocked the state from enforcing a new law that criminalizes the transportation of unauthorized immigrants, saying the law intrudes on the federal government's authority over immigration matters.
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May 21, 2024
Feds Tell 5th Circ. To Ignore Park Skirmish In Razor Wire Row
The federal government urged the Fifth Circuit to ignore a series of events surrounding concertina wire fencing Texas has erected along the U.S.-Mexico border, arguing the fight over a park has no bearing on whether a district court was wrong in refusing to ban border patrol agents from cutting the barrier.
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May 21, 2024
Colo. Hotel Denies Directly Hiring H-2B Workers In Wage Suit
A Colorado luxury hotel told a federal judge that it doesn't belong in a proposed class action accusing it and its cleaning contractor of unlawfully deducting Mexican housekeeping workers' wages, saying the contractor is the workers' sole employer.
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May 21, 2024
Some DOL Informers To Be Disclosed In Fishery Wage Case
A Mississippi federal judge ordered the U.S. Department of Labor to disclose the identities of migrant workers with knowledge of a fishery's alleged interference with a DOL investigation or of allegations the fishery retaliated against workers cooperating in the probe.
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May 21, 2024
4th Circ. Told Justices' Ruling Dooms Bid To Delay $811M Fine
The Consumer Financial Protection Bureau has pointed to the U.S. Supreme Court's recent decision finding the agency's funding structure constitutional to head off a bid by immigrant bond companies accused of abusive bonding practices to delay an $811 million judgment.
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May 21, 2024
Green Card Holders Risk Removal Under Iowa Law, AILA Says
The American Immigration Lawyers Association is backing a nonprofit's challenge to an Iowa law empowering state officials to remove previously deported noncitizens, saying the law criminalizes many who otherwise have a right to stay in the U.S., including lawful permanent residents.
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May 21, 2024
Strategic Hiring Was The New Normal For BigLaw In 2023
The 400 largest law firms by headcount in the U.S. grew more slowly in 2023 than in the previous two years, while Kirkland & Ellis LLP surpassed the 3,000-attorney threshold, according to the latest Law360 ranking.
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May 21, 2024
The Law360 400: Tracking The Largest US Law Firms
The legal market expanded more tentatively in 2023 than in previous years amid a slowdown in demand for legal services, especially in transactions, an area that has been sluggish but is expected to quicken in the near future.
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May 20, 2024
Biden Admin Can't Escape Immigrants' Selective Vetting Suit
A group of Muslim immigrants left in limbo while their applications for naturalization undergo indefinite and what they claim is "extreme vetting" are entitled to their day in court, a Washington federal district judge said Monday in rejecting the Biden administration's bid to end the case for lack of subject matter jurisdiction.
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May 20, 2024
Nonprofits Renew Bid To Enter Red States' Border Wall Suit
Two nonprofits urged a Texas federal court to add them to a challenge to the Biden administration's plans to use border wall appropriations for remediation projects, saying they were shocked by the administration's acceptance of an order suspending the plan.
Expert Analysis
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Don't Let Client Demands Erode Law Firm Autonomy
As clients increasingly impose requirements for attorney hiring and retention related to diversity and secondment, law firms must remember their ethical duties, as well as broader issues of lawyer development, culture and firm integrity, to maintain their independence while meaningfully responding to social changes, says Deborah Winokur at Cozen O'Connor.
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Opinion
Federal Judge's Amici Invitation Is A Good Idea, With Caveats
An Arkansas federal judge’s recent order — inviting amicus briefs in every civil case before him — has merit, but its implementation may raise practical questions about the role of junior attorneys, economic considerations and other issues, says Lawrence Ebner at the Atlantic Legal Foundation.
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Fox Ex-Producer Case Is A Lesson In Joint Representation
A former Fox News producer's allegations that the network's lawyers pressured her to give misleading testimony in Fox's defamation battle with Dominion Voting Systems should remind lawyers representing a nonparty witness that the rules of joint representation apply, says Jared Marx at HWG.
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Tips For Establishing Associational Standing
Based on recent D.C. Circuit decisions, it's no longer a foregone conclusion that trade associations and other coalitions can demonstrate standing to challenge agency actions simply by asserting their members are affected, but additional efforts to explain how members meet the standing requirements can make a difference, say attorneys at Crowell & Moring.
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Opinion
Stanford Law Protest Highlights Rise Of Incivility In Discourse
The recent Stanford Law School incident, where students disrupted a speech by U.S. Circuit Judge Kyle Duncan, should be a reminder to teach law students how to be effective advocates without endangering physical and mental health, says Nancy Rapoport at the University of Nevada.
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Dispute Prevention Strategies To Halt Strife Before It Starts
With geopolitical turbulence presenting increased risks of business disputes amid court backlogs and ballooning costs, companies should consider building mechanisms for dispute prevention into newly established partnerships to constructively resolve conflicts before they do costly damage, say Ellen Waldman and Allen Waxman at the International Institute for Conflict Prevention and Resolution.
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Practical Skills Young Attorneys Must Master To Be Happier
For young lawyers, finding happiness on the job — with its competitive nature and high expectations for billable hours — is complicated, but three skills can help them gain confidence, reduce stress and demonstrate their professional value in ways they never imagined, says career counselor Susan Smith Blakely.
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ABA Opinion Should Help Clarify Which Ethics Rules Apply
A recent American Bar Association opinion provides key guidance on interpreting ABA Model Rule 8.5's notoriously complex choice-of-law analysis — and should help lawyers authorized to practice in multiple jurisdictions determine which jurisdiction's ethics rules govern their conduct, say attorneys at HWG.
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4 Ways To Reboot Your Firm's Stalled Diversity Program
Law firms that have failed to see real progress despite years of diversity initiatives can move forward by committing to tackle four often-taboo obstacles that hinder diversity, equity and inclusion efforts, says Steph Maher at Jaffe.
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DOJ's Google Sanctions Motion Shows Risks Of Auto-Deletion
The U.S. Department of Justice recently hit Google with a sanctions motion over its alleged failure to preserve relevant instant-messaging communications, a predicament that should be a wake-up call for counsel concerning the danger associated with automatic-deletion features and how it's been handled by the courts, say Oscar Shine and Emma Ashe at Selendy Gay.
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What To Expect From A Litigation Finance Industry Recession
There's little data on how litigation finance would fare in a recession, but a look at stakeholders' incentives suggests corporate demand for litigation finance would increase in a recessionary environment, while the number of funders could shrink, says Matthew Oxman at LexShares.
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Immigration Developments For Employers To Watch
Major reform is a nonstarter with Congress divided, but changes to visa programs for skilled workers, employee verification and the Deferred Action for Childhood Arrivals program are among the significant immigration trends that will unfold in the coming months, says Eileen Lohmann at BAL.
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Justices Leave Questions Open On Dual-Purpose Atty Advice
The U.S. Supreme Court's recent dismissal of In re: Grand Jury on grounds that certiorari was improvidently granted leaves unresolved a circuit split over the proper test for deciding when attorney-client privilege protects a lawyer's advice that has multiple purposes, say Susan Combs and Richard Kiely at Holland & Hart.
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118th Congress: Investigative Tools And Potential Defenses
As federal lawmakers’ investigative priorities for this term become clearer, potential subjects of congressional investigations must understand the tools at Congress’ disposal, as well as their own available defenses, to effectively navigate these inquiries, say attorneys at Gibson Dunn.
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118th Congress: Investigative Priorities And Rule Changes
Attorneys at Gibson Dunn lay out what companies and individuals can expect with regard to congressional investigations in the 118th Congress, from political priorities to new rules and authorities.