• December 8, 2016

    Packaging Co.'s Penalty Cut In I-9 Form Violations Case

    An administrative law judge with the Office of the Chief Administrative Hearing Officer has reduced by 59 percent the penalties a Minnesota-based packaging company faced for both failing to prepare or present employment eligibility forms for some of its workers and filing erroneous submissions.

  • December 7, 2016

    DHS Must Release Immig. Docs On Coach Accused Of Assault

    The government may not keep secret the details that led to its decision to allow a former Irish Olympic swim team coach accused abroad of sexual assault to immigrate to the U.S., a federal court ruled Tuesday.

  • December 7, 2016

    'Brain Waste' Plagues Skilled Immigrants, Report Says

    Almost 2 million college-educated immigrants have been unemployed or underemployed in recent years, according to a new report out Wednesday, with people who were schooled outside the U.S. more likely to find themselves without a job or employed in lower-skilled positions.

  • December 7, 2016

    Trump Transition Watch: Gen. Kelly Emerges As DHS Pick

    President-elect Donald Trump has reportedly picked Gen. John Kelly to be the next secretary of homeland security, making him the third general chosen for a top post in the new administration, while elsewhere Trump indicated that he would “work something out” regarding young immigrants known as Dreamers.

  • December 7, 2016

    Pay Raise Discrepancy Over $215K Job Sinks At BALCA

    The Board of Alien Labor Certification Appeals affirmed Tuesday a certifying officer’s denial of a labor certification in a case with DVB Transport over a financial manager position, saying the company violated federal regulations by offering a lower salary to U.S. workers in its notice of filing.

  • December 7, 2016

    Pakistani Native Says DHS Is Delaying His Citizenship App

    A Pakistani native seeking to become a U.S. citizen filed a complaint against the U.S. Department of Homeland Security and other government agencies on Tuesday, alleging that a government program is to blame for his application not moving forward.

  • December 7, 2016

    House To Vote For Funding Bandage To Hold Gov't Until April

    House leaders unveiled the latest stopgap government funding measure Tuesday, aiming to keep the government running into the first several months of President-elect Donald Trump’s new administration.

  • December 7, 2016

    Judge Changes Mind On Decert. Bid In Haitian Worker Suit

    A Florida district judge changed his mind Tuesday and moved to decertify a class of Haitian workers accusing a blueberry farm of national origin-based discrimination, less than a week after reaching the opposite conclusion and only a couple days before trial is set to begin.

  • December 6, 2016

    4th Circ. Allows Salvadoran Sex Offender To Stay In US

    The Fourth Circuit defined a sexual abuse term under a federal immigration law Tuesday before determining that the Board of Immigration Appeals erred in holding that a Salvadoran national could be deported because of his conviction under a Maryland statute for a sexual offense.

  • December 6, 2016

    Infosys Must Face South Asian Bias Claims, Ex-Workers Say

    Four white individuals in a putative class action who claim Infosys Technologies Ltd. discriminated against them based on their non-South Asian national origin and race urged a Wisconsin federal court on Monday not to toss the case, saying the company’s alleged pervasive discrimination cannot be denied.

  • December 6, 2016

    9th Circ. Urged To Reconsider Immigrant Kids’ Right To Attys

    Attorneys representing immigrant children in a dispute over whether the minors have the right to legal representation in deportation proceedings urged the Ninth Circuit on Monday to rehear a panel’s earlier ruling that the court does not have jurisdiction over the matter.

  • December 6, 2016

    Immigration MVP: Morgan Lewis' A. James Vazquez-Azpiri

    Morgan Lewis & Bockius LLP’s A. James Vazquez-Azpiri has recently served as lead partner representing companies such as Seagate, Samsung Research America and Applied Materials in sophisticated business immigration matters, earning him a place on Law360's 2016 list of Immigration MVPs.

  • December 6, 2016

    State Dept. Narrows Family Definition For Diplomatic Visas

    The U.S. Department of State posted a new rule Tuesday that amends the definition of immediate family for a handful of visas applicable to diplomats and their kin, making it harder for the adult children of diplomats to get visas directly tied to their parents’ status.

  • December 5, 2016

    Agent Wants Witnesses Excluded In Player Smuggling Case

    A sports agent accused of participating in a $16 million scheme to smuggle Cuban baseball players into the United States has called for the exclusion of five government witnesses as a sanction for prosecutors allegedly withholding evidence damaging to their case, scheduled for trial in Miami next month.

  • December 5, 2016

    New Judge Appointed To OCAHO In Wake Of 2 Departures

    A new judge has joined the ranks of the Office of the Chief Administrative Hearing Officer, a wing of the Justice Department announced Friday, making him the first permanent OCAHO judge to be appointed since two judges left earlier this year.

  • December 5, 2016

    Immigration MVP: Chadbourne & Parke's Maureen Schad

    As pro bono counsel for Chadbourne & Parke LLP, Maureen Schad has helped spearhead the firm’s efforts in representing unaccompanied immigrant children and played a crucial role in creating an advocacy group for immigrant kids, earning her a spot on Law360's list of 2016 Immigration MVPs.

  • December 5, 2016

    EB-5 Applicants Seek Judgment In Hospital Row

    Six Chinese investors asked a D.C. federal judge Friday to vacate a decision by the U.S. Homeland Security Department denying them access to the EB-5 visa program after they each invested $500,000 in a rural Alabama hospital, saying the agency’s decision was arbitrary and capricious.

  • December 5, 2016

    Sawmill EB-5 'Shotgun' Claims Can't Survive, Judge Says

    A whistleblower's accusations that a Florida sawmill defrauded the EB-5 investor program shouldn't proceed because they're all lumped into a conglomerate "shotgun" complaint, a federal magistrate judge has recommended.

  • December 5, 2016

    Atty Urges Toss Of EB-5 Applicant's Malpractice Suit

    Attorney Hsein Cheng “Sam” Chang urged Maryland’s federal court on Friday to dismiss a malpractice suit brought against him and his firm by a Chinese woman seeking to immigrate to the U.S. through the EB-5 visa program, saying her amended complaint is “filled with speculation, innuendo and unsubstantiated allegations.”

  • December 5, 2016

    USCIS Rips Basketball Group's Bid To Change Worker's Status

    U.S. Citizenship and Immigration Services urged an Illinois federal judge Friday to reject a bid by the National Basketball Retired Players Association to have a new hire granted lawful employment status while it fights the agency’s rejection of her H-1B petition.

Expert Analysis

  • The Art Of Silence At Trial

     Martha Luring

    When communicating to a jury, trial lawyers know that words matter. Thus, it may seem odd to focus on the topic of silence. However, this tool is often underutilized in all facets of the litigation life cycle, says Martha Luring of Salmons Consulting.

  • The 3 Biggest Immigration Challenges For Growing Cos.

    Lowell Sachs

    A successful immigration program is of paramount importance for companies aiming to maintain reliable access to talent in order to fill critical positions on crucial projects. However, this is no small feat. Lowell Sachs and Stephen Smalley of Ogletree Deakins Nash Smoak & Stewart PC discuss three of the biggest challenges in today’s business immigration arena.

  • 10 Things To Look For This Supreme Court Term

    James Brosnahan

    This term of the U.S. Supreme Court will probably be one of the oddest in our history, according to Jim Brosnahan, senior trial counsel with Morrison & Foerster LLP. Here are some of the dynamics to look for between now and June 2017.

  • Provider Lessons From Tenet’s $513M Fraud Settlement

    Robert C. Threlkeld

    In a cautionary tale of extreme import for health care providers, several subsidiaries of Tenet Healthcare recently agreed to plead guilty to conspiring to defraud the United States and to paying and receiving kickbacks and bribes. There are several significant areas of focus and analysis that providers should review and understand as a result of this matter, say Robert Threlkeld
 and Edgar Bueno
 of Morris Manning & Martin LLP.

  • Coming Soon: The 3-D (And 4-D) Brief

    Martin Bienstock

    From e-discovery to attorney profitability, the technologies of the 21st century have had a major impact on legal practice. Yet the tech revolution has had surprisingly little impact on the form and content of legal briefs — the very bread-and-butter of many legal practices. This is about to change, according to Martin Bienstock of Weisbrod Matteis & Copley PLLC.

  • The 'Tough Noogies' Doctrine: Rights But No Remedies

    Andrew Melzer

    In recent years the courts have demonstrated an increased use of the “tough noogies” doctrine. These types of cases involve individuals wronged by powerful institutional interests who are shown the door, often based on poor or weak reasoning or in defiance of common sense. Andrew Melzer of Sanford Heisler LLP highlights a few recent examples of this doctrine and discusses whether the pendulum is beginning to swing back the other way.

  • USCIS Regs Innovate Programs For Immigrant Entrepreneurs

    Eric D. Ledbetter

    Despite the significant role played by immigrant entrepreneurs in America, our current immigration laws in this area are woefully complex and out-of-date. However, new regulations proposed by the U.S. Citizenship and Immigration Services would bring much-needed modernization for immigrant entrepreneurs, says Eric Ledbetter of Quarles & Brady LLP.

  • Oral Advocacy And 'Vocal Fry'

    Higdon (1).jpeg

    In a sneak preview of the fall edition of Legal Communication & Rhetoric, Professor Michael Higdon of the University of Tennessee College of Law explores the negative reactions to "vocal fry," the accusations of sexism those reactions have engendered, and what all this means for female attorneys.

  • A Potential Secret Sauce For Mooting Class Claims

    Rick L. Shackelford

    Based on the U.S. Supreme Court's decision in Campbell-Ewald, we know that an unaccepted Rule 68 offer of judgment does not end an Article III case or controversy, and will not moot a plaintiff’s claim. However, what remains uncertain is whether there are any steps that can terminate a putative class action nonconsensually before class certification is litigated, says Rick Shackelford of Greenberg Traurig LLP.

  • The Courtroom Where It Happened: Hamilton As A Lawyer

    Randy Maniloff

    Often lost in discussions about Alexander Hamilton is that he was an extremely important New York lawyer. He had an extensive law practice until his death in 1804 and he wrote what is considered to be the first treatise in the field of private law. Ultimately, Hamilton certainly did get "a lot farther by working a lot harder, by being a lot smarter, by being a self-starter," says Randy Maniloff of White and Williams LLP.