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Immigration
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November 30, 2023
DOL Board Says Labor Shortage Can't Justify H-2B Caregivers
The Board of Alien Labor Certification Appeals has denied an in-home care company's application for three caregivers under the H-2B temporary foreign worker program, rejecting its argument that a labor shortage justified the request.
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November 30, 2023
Judge Won't Ban Feds From Removing Texas' Wire Fence
A Texas federal judge refused to bar the Biden administration from taking down the razor wire installed by state police at the border, saying the state couldn't obtain such an order against the federal government based on state trespass claims.
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November 29, 2023
Dem Sens. Resist Tying Asylum Changes To Israel, Ukraine Aid
Eleven Senate Democrats responded Wednesday to reports of new restrictions on the U.S. asylum system being considered in bipartisan negotiations over an aid package for Ukraine and Israel with a joint statement opposing any such policy changes.
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November 29, 2023
Past Contract Work Dooms Fabricator's New H-2B Worker Bid
A Texas metal fabricator's recent $5.7 million contract has undermined its efforts to temporarily hire dozens of foreign welders and pipefitters to fulfill a $5 million contract, according to a Tuesday decision from the U.S. Department of Labor.
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November 29, 2023
9th Circ. OKs Mexican Man's Removal For Idaho Drug Crime
The Ninth Circuit in a published opinion Wednesday denied a Mexican man's petition fighting his deportation, rejecting the man's argument that a drug trafficking conviction he received in Idaho did not warrant his removal.
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November 29, 2023
Appeals Board Says No H-2B Workers For Permanent Need
A construction firm's separate bids for temporary foreign workers for a natural gas project in Texas were properly denied because the company didn't show that it wouldn't need the same labor for future contracts, an appeals board ruled.
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November 29, 2023
Justices Cast Doubt On Future Of SEC's In-House Courts
The conservative majority of the U.S. Supreme Court on Wednesday seemed poised to declare the U.S. Securities and Exchange Commission's in-house courts unconstitutional, but some expressed concern about whether such a ruling could have spillover effects on the government's ability to prosecute violations of immigration, customs and workplace safety laws.
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November 28, 2023
6th Circ. Backs Restaurateurs' Migrant Harboring Conviction
A Sixth Circuit panel majority on Tuesday affirmed a Kentucky federal jury's verdict convicting two restaurateurs of harboring immigrants who were living in the country without legal permission, rejecting the duo's arguments that the government did not prove they intentionally hid the migrants but splitting on whether prosecutors have to prove as much in the first place.
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November 28, 2023
9th Circ. Judge Sees Nothing To Prevent Border 'Turnback'
A Ninth Circuit judge aggressively questioned an attorney for asylum-seekers who are challenging the Biden administration's stance that it is not obligated to process asylum-seekers turned away at the border as they are not yet on U.S. soil, telling her no case in "history" supports her position.
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November 28, 2023
Kagan Says DOJ Retrying Rejected Args In Deportation Case
U.S. Supreme Court Justice Elena Kagan on Tuesday suggested the Biden administration is relitigating an argument the high court rejected three years ago when it ruled that the legal standards applied to the facts of a case can be appealed.
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November 28, 2023
DOL Says Large Tiling Contract Justifies H-2B Workers
A U.S. Department of Labor judge has approved a flooring company's request to temporarily hire dozens of migrant workers, agreeing that a pending construction project created a one-time need for extra workers.
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November 28, 2023
Bannon Ally Says He Won't Flee If Released In $1B Fraud Case
Accused fraudster Ho Wan Kwok, who faces charges over an alleged $1 billion fraud, said his status as a political refugee means he is not a flight risk and that he needs to be let out of a Brooklyn federal prison for the sake of his health.
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November 28, 2023
Law Firm Leaders Cautiously Optimistic Heading Into 2024
Major U.S. law firms are steadfast in their commitment to the pursuit of further growth despite ongoing economic uncertainty. Here’s what the leaders of four Leaderboard firms have to say about how the legal industry is preparing for next year.
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November 28, 2023
The 2023 Law360 Pulse Leaderboard
Check out the Law360 Pulse Leaderboard to see which first-in-class firms made the list this year.
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November 27, 2023
SEC's High Court Opponent Is A Supreme Court Newcomer
The U.S. Securities and Exchange Commission on Wednesday will battle for the future of its administrative court with the help of a seasoned high court litigator, while the agency's challenger is placing his hopes on a loyal attorney who has yet to argue a case before the justices.
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November 27, 2023
Amicus Groups Tell High Court To End Chevron Deference
Six groups, including the Ohio Chamber of Commerce and several former state supreme court judges, filed friend-of-the-court briefs on Monday urging the U.S. Supreme Court to overturn a decades-old legal doctrine stating that courts must defer to federal agencies' interpretation of ambiguous laws.
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November 27, 2023
5th Circ. Says Evidence Backs EB-5 Fraud Conviction
The Fifth Circuit on Monday refused to set aside fraud convictions against a businessman who ran a post-Hurricane Katrina immigration investment scheme, saying the jury's findings were backed by an "overwhelming" body of evidence.
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November 27, 2023
Restaurant Asked For H-2B Waiters Too Late, Judge Says
A Mexican restaurant in Athens, Texas, needed an emergency waiver with its updated request for eight foreign waiters to start immediately, an administrative law judge ruled, backing the U.S. Department of Labor's denial of the application.
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November 27, 2023
Biden Rips Bill Barring Federal Land Use For Immigrants
The White House said Monday that the Biden administration "strongly opposes" a new bill proposed by Republican lawmakers that would bar the government from using federal funds to provide temporary housing to asylum-seekers and other immigrants in national parks and on other federal lands.
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November 27, 2023
DOL Won't Pause H-2B Debarment For Carnival's Appeal
A U.S. Department of Labor judge has refused to allow a traveling carnival to temporarily hire 15 migrant workers, rejecting the carnival's arguments that a February order booting it from the H-2B seasonal worker program should be paused during an appeal.
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November 27, 2023
Defense And Judicial Posts Top Schumer's Year-End Priorities
Breaking through the hold on military promotions and continuing to confirm judicial nominees will be among the top priorities for the Senate for the rest of the year, Senate Majority Leader Chuck Schumer, D-N.Y., said.
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November 22, 2023
Okla. Rep. Seeks To Cut Off Federal Abortion Assistance
An Oklahoma congressman introduced two bills seeking to block the federal government from facilitating and funding abortions nationwide for certain immigrant minors and Medicaid recipients.
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November 22, 2023
Nicaragua-Bound Flight Operators Face US Visa Restrictions
The U.S. State Department announced visa sanctions aimed at owners and operators of charter companies flying migrants to Nicaragua who hope to use the country as a steppingstone to enter the U.S., saying the flights were setting migrants up for dangerous treks to the U.S. border.
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November 22, 2023
Up Next At High Court: SEC Courts, Repeat Offender Sentences
The U.S. Supreme Court returns Monday from a long holiday weekend to hear arguments over the proper standard to apply when sentencing a repeat felony offender under the Armed Career Criminal Act and the constitutionality of the U.S. Securities and Exchange Commission's in-house courts system.
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November 22, 2023
Foreign Hires For $17B Samsung Semiconductor Plant Denied
An electrical engineering company can't hire temporary foreign electrical workers to work on a $17 billion Samsung semiconductor plant in Texas after a U.S. Department of Labor appeals board rejected its contention it needed the workers for a limited time.
Expert Analysis
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Learning From Trump And Bannon Discovery Strategies
Court-imposed sanctions on both former President Donald Trump and his former aide Steve Bannon for failing to comply with subpoenas illustrate that efforts to bar the door to valid discovery can quickly escalate, so litigants faced with challenging discovery disputes should adopt a pragmatic approach, say Mathea Bulander and Monica McCarroll at Redgrave.
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The Risks In Lateral Hiring, And How To Avoid Them
As law firms increasingly recruit laterals, they must account for ethics rules and other due diligence issues that can turn an inadvisable or careless hire into a nightmare of lost opportunity or disqualification, says Mark Hinderks at Stinson.
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Judges Who Use Social Media Must Know Their Ethical Limits
While the judiciary is permitted to use electronic social media, judges and judicial candidates should protect themselves from accusations of ethics violations by studying the growing body of ethics opinions and disciplinary cases centering on who judges connect with and how they behave online, says Justice Daniel Crothers at the North Dakota Supreme Court.
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Rebuttal
ABA Is Defending Profession's Values From Monied Influences
A recent Law360 guest article suggested that the American Bar Association ignored new opportunities for the legal industry by opposing nonlawyer ownership of law practices, but any advantages would be outweighed by the constraints nonlawyer owners could place on the independence that lawyers require to act in the best interest of their clients, says Stephen Younger at Foley Hoag.
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4th Circ. Underlines Immigration Judges' Standard Of Conduct
The Fourth Circuit's recent decision in Acevedo v. Garland that an immigration judge’s bad behavior is central when considering a request for a new hearing critically recognizes that the judge’s behavior determines whether a respondent can meaningfully participate in their proceeding, says Monica Mananzan at the CAIR Coalition.
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How In-House Counsel Can Better Manage Litigation Exposure
In anticipation of economic downturn and increased litigation volume, the true struggle for an in-house team is allocating their very limited and valuable attentional resources, but the solution is building systems that focus attention where it can be most effective in delivering better outcomes, say Jaron Luttich and Sean Kennedy at Element Standard.
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Despite New DACA Rule, Dreamers Need Legislative Fix
Even if the recently published final rule codifying the Deferred Action for Childhood Arrivals program succeeds in derailing ongoing litigation over the program's validity and the parameters of prosecutorial discretion, it only provides lawful status in two-year installments, and ultimately Congress must provide Dreamers with permanent relief, says Martin Robles-Avila at Berry Appleman.
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Practical E-Discovery Lessons From The Alex Jones Case
The accidental disclosure of mobile phone data during the Alex Jones defamation damages trial underlines the importance of having in place a repeatable e-discovery process that includes specific steps to prevent production of data that may be privileged, sensitive or damaging to the case, say Mike Gaudet and Richard Chung at J.S. Held.
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The Ethical Risks For Lawyers Accepting Payments In Crypto
Ohio recently became the fifth jurisdiction to provide attorneys guidance on accepting cryptocurrency as payment or holding cryptocurrency in escrow, but lawyers should beware the ethics rules such payments may implicate, and consider three practical steps to minimize the risks, say Hilary Gerzhoy and Jared Marx at HWG.
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Envisioning Metaverse-Based Litigation In The Real World
Attorneys should entertain the possibility of the metaverse becoming a matter of interest in real-world courts by considering what could cause actions outside the virtual world and digital forensics hurdles to be cleared in demonstrating the offense, identifying the culpable parties and collecting damages, say consultants at Keystone Strategy.
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Opinion
ABA Stance On Role Of Nonlawyers Is Too Black And White
The American Bar Association's recent resolution affirming its long-standing opposition to nonlawyers owning law practices or receiving shares of legal fees overstates the ethical, professional and regulatory challenges — and ignores the potential benefits — of allowing nonlawyers greater participation in the legal industry, say Peter Jarvis and Trisha Rich at Holland & Knight.
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Harnessing The Power Of Big Data In Litigation
The growth in the volume, scope and utility of available data — with vendors tracking and selling data, and government releasing large data sets — requires consideration of new data analysis approaches and technological tools that can help provide objective insights in litigation matters, answer key liability and damages questions, and support critical discovery efforts, say analysts at Bates White.
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How Law Firm Operations Can Adjust To New COVID Realities
Given that COVID-19 may be here to stay, law firms must once again rethink their office policies and culture to adapt to new trends and the permanent lifestyle changes that many attorneys and employees have made, say Kami Quinn and Adam Farra at Gilbert.
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Law Of The Case Is More Nuanced Than You May Think
The recent Seventh Circuit decision in Flynn v. FCA highlights how frequent misconceptions about the law of the case doctrine are, and suggests that litigants should take a hard look at the key qualifications — and quirks — of this narrow and discretionary doctrine before relying on it as a silver bullet, says Michael Soyfer at Quinn Emanuel.
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Engage Associates At Orientation With Thoughtful Activities
The pandemic has driven home the dangers of taking associate talent for granted, and law firms should consider five types of orientation activities that give new employees a greater sense of belonging, set the tone at the outset for a long career and influence attitudes toward the firm, says Joseph Gerstel at GetSomeClass.