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Immigration
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January 30, 2024
Final H-1B Rule Focuses Largely On Thwarting Lottery Abuse
The U.S. Department of Homeland Security unveiled a final rule Tuesday aimed at modernizing the H-1B visa program for high-skilled foreign workers, with a highly anticipated provision to crack down on fraudulent lottery registrations making the final cut.
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January 30, 2024
New Report Says ICE's Digital Monitoring Of Migrants Soaring
The number of migrants subject to digital surveillance under a U.S. Immigration and Customs Enforcement program has skyrocketed since the program's inception, according to a report released Tuesday, which revealed that figure tripled between 2021 and 2022 alone.
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January 30, 2024
GOP States Say Feds Can Be Sued For Asylum Policy's Costs
A coalition of Republican-led states told a Louisiana federal judge they have standing to challenge a Biden administration rule allowing asylum officers to more quickly grant or deny asylum, saying the rule will encourage migration and strain their public funds.
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January 30, 2024
EB-5 Investors Can Probe Atty Accounts In Settlement Search
Chinese investors looking to collect long-overdue settlement and sanctions judgments in a fraud case can probe the bank accounts for attorneys representing two real estate developers accused of constantly shifting their assets to avoid paying up, an Illinois federal judge said Tuesday.
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January 29, 2024
Biden Deal To 'Shut Down' Border Could Spur Chaos
President Joe Biden's claim that the bipartisan Senate border security deal would give him emergency authority to shut the border down during times it is overwhelmed has alarmed immigration advocates, who say the proposal smacks of politics and will likely cause chaos.
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January 29, 2024
Judge Says Notice And Comment Rule Was Met For H-2A Revision
A D.C. federal judge on Monday rejected an agriculture industry group's contention that the Biden administration skipped notice and comments before promulgating a 2022 rule that amended H-2A regulations, saying the public had been on notice about the rule since 2019.
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January 29, 2024
Transport Cos. Fight NYC's $708M Migrant Care Costs Bid
A group of charter transportation companies denied allegations that they owe New York City $708 million for busing migrants from Texas at the city's expense and claimed the state statute at issue is unconstitutional after a New York federal judge set an expedited injunction briefing schedule in the case.
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January 29, 2024
5th Circ. Stays Trial On Buoy Barrier At Border In Rio Grande
The Fifth Circuit sided with Texas on Saturday and agreed to stay a March trial in federal court over a buoy barrier meant to prevent illegal border crossings, creating a setback for the U.S. government as it tries to argue that Texas can't create a waterway barrier without federal permission.
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January 29, 2024
Couple To Pay $730K To End Filipino Workers' Trafficking Case
An Oklahoma couple has agreed to pay $730,000 to end allegations that they made false promises of fair wages to lure Filipino workers and then charged steep recruitment fees that made the workers indebted to them, according to a federal court filing.
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January 29, 2024
The Top Attys In Clinton's Impeachment Trial, 25 Years Later
One of them just went to federal prison, and another famously beat a federal indictment. One has been seeking the White House, and another has been steering a BigLaw powerhouse. Each was among the two dozen attorneys who litigated President Bill Clinton's historic impeachment trial 25 years ago this month — and then saw their lives go in dramatically different directions.
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January 29, 2024
Holland & Hart Adds Immigration Trio From Ogletree In Denver
Holland & Hart LLP has expanded its immigration team in Colorado with three attorneys from Ogletree Deakins Nash Smoak & Stewart PC, the firm said on Monday.
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January 29, 2024
Feds Warn 5th Circ. Texas Razor Wire Fight Erodes Federalism
The Biden administration has told the Fifth Circuit that Texas' attempt at using state law to keep federal agents from removing concertina-wire barriers the state placed along the U.S.-Mexico border went against centuries of U.S. Supreme Court precedent.
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January 29, 2024
3 Ex-DHS Staffers Get Prison, Probation For Software Theft
Three former U.S. Department of Homeland Security employees have been sentenced to prison or probation for their alleged roles in conspiring to steal proprietary software and sensitive law-enforcement databases from the government in a scheme to develop a commercial product for sale.
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January 29, 2024
Military Contractor Pays $16M In Wages After DOL Probes
A disaster management company and 61 subcontractors cheated about 2,800 workers out of approximately $16 million in wages and almost 25,000 hours of paid sick time while they provided aid to Afghan refugees at a New Jersey military base, the U.S. Department of Labor said Monday.
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January 26, 2024
11th Circ. Axes Male Bias Claims Against Old Citizenship Law
The Eleventh Circuit on Friday rejected claims that an obsolete citizenship law discriminated against men and was doubtful that a Jamaican man facing deportation could have claimed U.S. citizenship through his naturalized father had the old law been gender-neutral.
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January 26, 2024
Feds Tell 5th Circ. Texas Has No Standing To Challenge DACA
The Biden administration told the Fifth Circuit that GOP-led states can't sue over its Deferred Action for Childhood Arrivals program, saying the U.S. Supreme Court decided in June that states can't challenge federal immigration enforcement based on alleged public costs.
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January 26, 2024
No Harm To Texas If Buoy Suit Proceeds, Feds Tell 5th Circ.
The Biden administration urged the Fifth Circuit on Friday to reject Texas' bid to halt a trial over the legality of an anti-migrant barrier on the Rio Grande, suggesting the Lone Star state merely disagrees with the district court's expedited timeline.
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February 08, 2024
Law360 Seeks Members For Its 2024 Editorial Boards
Law360 is looking for avid readers of its publications to serve as members of its 2024 editorial advisory boards.
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January 26, 2024
Biden Admin Broadens Syrian Immigration Protections
The U.S. Department of Homeland Security on Friday expanded a humanitarian immigration program to provide temporary deportation relief to newly arrived Syrians who can't safely return to their war-torn country.
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January 26, 2024
Feds Say Fla. Can't Show Injury From Migrant Parole Policy
The federal government urged the Eleventh Circuit on Friday to reverse a decision by a district judge who blocked the Biden administration's migrant parole programs, arguing that Florida has no standing to bring its suit because it had failed to show specific damages caused by the program.
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January 25, 2024
Dems Press DHS Watchdog For Info On Retaliation Settlement
Top-ranking Democrats renewed their calls on Thursday for U.S. Department of Homeland Security Inspector General Joseph Cuffari to cooperate in an investigation against him into whether he inappropriately spent $1.2 million in taxpayer money to end allegations of whistleblower retaliation.
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January 25, 2024
ICE Allowed Unecessary Hysterectomies, DHS Watchdog Says
The U.S. Department of Homeland Security inspector general reported Thursday that surgical procedures for noncitizens in government custody were not always properly approved, including two hysterectomies performed without documentation showing they were medically necessary.
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January 25, 2024
Investors Call Prison 'The Only Solution' For Collection Bid
EB-5 investors who've been chasing settlement and sanction judgments for years in an Illinois federal fraud case are arguing that imprisonment "is the only bullet left in the court's gun" against real estate developers who've consistently played "a shell game" to avoid paying up.
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January 25, 2024
Texas Urges 5th Circ. To Block Trial In Anti-Migrant Buoy Suit
Texas raced to the Fifth Circuit to stall a looming trial over the legality of its floating anti-migrant barrier in the Rio Grande at the same time a federal court told the Lone Star State it was time for a final ruling on whether the controversial buoy fence obstructed federal waters.
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January 25, 2024
9th Circ. Backs Swift Removal Even Without Entry Application
The Ninth Circuit has backed the swift deportation of a Mexican citizen who unlawfully entered the U.S. three times, rejecting his contention that he couldn't be deemed inadmissible to the U.S. for expedited removal purposes because he never applied for admission.
Expert Analysis
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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.
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Series
My Favorite Law Prof: How I Learned To Practice With Passion
First Circuit Judge Gustavo Gelpí recalls how Suffolk University Law School's Joseph Glannon taught the importance of the law as both a tool and a profession, and that those who wish to practice law successfully must do so with love, enthusiasm and passion.