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Immigration
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January 22, 2024
Farms Object To Magistrate Judge Condoning H-2A Rule
Agricultural groups objected to a magistrate judge's recommendation to keep intact a U.S. Department of Labor rule raising the salaries of H-2A agricultural workers, telling a Florida federal judge that the magistrate judge had been "excessively" deferential to the government's arguments.
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January 22, 2024
Supreme Court Says Feds Can Cut Texas Border Wire
The U.S. Supreme Court on Monday ruled that federal border agents can remove razor wire fencing installed by Texas along the Mexico border, vacating a Fifth Circuit order that the Biden administration argued led to the deaths of several migrants.
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January 19, 2024
Law360 Names Firms Of The Year
Eight law firms have earned spots as Law360's Firms of the Year, with 55 Practice Group of the Year awards among them, steering some of the largest deals of 2023 and securing high-profile litigation wins, including at the U.S. Supreme Court.
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January 19, 2024
Law360 Names Practice Groups Of The Year
Law360 would like to congratulate the winners of its Practice Groups of the Year awards for 2023, which honor the attorney teams behind litigation wins and major deals that resonated throughout the legal industry this past year.
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January 19, 2024
Immigration Court Case Closures Jump 50%, New Data Shows
Immigration judges increased their rate of completed cases by 50% in the first quarter of fiscal year 2024 over the same period last year, adjudicating nearly 200,000 cases from October through December 2023, according to data released Friday.
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January 19, 2024
For Immigrants, Gun Rights Debate Goes Beyond Firearms
Last month, for the first time, a federal court found that a long-standing law banning gun possession by unauthorized immigrants violates the Second Amendment. As similar challenges play out around the country, the legal and political backdrop of the case has caught the attention of legal scholars, who see in the right to be armed a fundamental question about noncitizens’ belonging in the nation and their ability to exercise other constitutional rights.
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January 19, 2024
Orgs Seek Redo Of Claim Tossed In Texas Migrant Transit Suit
Three nonprofits are urging a Texas federal court to reconsider a dismissed claim in a suit challenging a Texas executive order allowing state officers to pull over drivers suspected of transporting unauthorized migrants, saying the groups are ready to show standing to pursue the claim.
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January 19, 2024
DHS Denies Evading Judicial Review With EB-5 Guidance
The U.S. Department of Homeland Security denied trying to skirt judicial review of how it's handling the EB-5 investor program, telling the D.C. Circuit that a district court had deemed its guidance as unreviewable.
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January 19, 2024
Joint Venture Says USAID Wrongly Ended Slot On $800M Deal
A joint venture has urged the U.S. Court of Federal Claims to block the U.S. Agency for International Development from rescinding the company's slot on an $800 million support services procurement, saying a contracting suspension for one of its partners shouldn't affect its own award.
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January 18, 2024
Feds Insist Depositions In Family Separation Suit Stay Private
The Biden administration asked a California federal judge to reject a request to make public excerpts of depositions in litigation over damages for families separated under the Trump-era family separation policy, saying the materials include sensitive government information.
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January 18, 2024
Transport Cos. Remove Texas Migrant Busing Suit To SDNY
Charter transportation companies have transferred from state to federal court a lawsuit alleging they owe New York City $708 million for busing migrants from Texas at the city's expense of providing emergency services, saying the lawsuit unconstitutionally restricted their movement.
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January 18, 2024
Feds Tell 9th Circ. Migrants Must Be In US To Claim Asylum
The Biden administration has insisted to the Ninth Circuit that border officers aren't required by law to inspect asylum-seekers who are at the border, but have not yet set foot on U.S. soil.
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January 18, 2024
Texas Denies Troops Stopped Feds From Helping Migrants
Texas said it isn't true that armed troops prevented federal agents from providing emergency aid to migrants on the U.S.-Mexico border last week, and told the U.S. Supreme Court that the Biden administration's inaccurate depiction of the incident couldn't justify removing barriers installed by the state.
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January 18, 2024
AI Tool Updated To Help Immigration Attys With Legal Tasks
The American Immigration Lawyers Association and software platform Visalaw.ai released an updated version of an artificial intelligence legal research tool that now has an expanded library and a document upload feature.
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January 17, 2024
'Chaos' Warning Resonates As Justices Mull Chevron's Fate
A conservative-led campaign against the 40-year-old doctrine of judicial deference to federal regulators appeared vulnerable at U.S. Supreme Court arguments Wednesday to predictions of a litigation tsunami, as justices fretted about an onslaught of suits and politicization of the federal judiciary.
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January 17, 2024
Thomas Gets Laugh, Agrees Prior Ruling Is 'Embarrassment'
The specter of a major 2005 telecommunications ruling hung over U.S. Supreme Court Justice Clarence Thomas on Wednesday as he and his colleagues considered whether to toss the court's decades-old precedent instructing judges to defer to federal agencies' interpretations of ambiguous statutes.
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January 17, 2024
5 Key Takeaways From Supreme Court's Chevron Arguments
U.S. Supreme Court justices questioned Wednesday whether overturning a decades-old precedent instructing courts to defer to federal agencies' interpretations of ambiguous statutes would lead judges to legislate from the bench or diminish the value of Supreme Court precedent — and pondered whether they could "Kisorize" the doctrine rather than doing away with it altogether.
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January 17, 2024
US Moves Ahead With Visa-Free Travel from China To Territory
The U.S. Department of Homeland Security is on track to implement a program allowing pre-screened Chinese nationals to travel to the Commonwealth of the Northern Mariana Islands visa-free for up to 14 days, DHS said in an interim final rule.
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January 17, 2024
Texas Tells 5th Circ. Feds Not Immune In Fence 'Property' Row
Texas has urged the Fifth Circuit to block federal agents from removing concertina-wire barriers it placed along the U.S.-Mexico border, saying in its quest to permanently block removals that the state, like ordinary landowners, has a right to protect its property.
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January 17, 2024
Full 5th Circ. Vacates Order For Texas To Move River Barrier
The full Fifth Circuit on Wednesday vacated a divided panel decision requiring Texas to remove a 1,000-foot floating barrier placed in the Rio Grande to deter migrants crossing from Mexico, granting the state's request to rehear the case.
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January 17, 2024
High Court Majority Shows No Eagerness To Overturn Chevron
U.S. Supreme Court justices on Wednesday appeared split about whether decades-old precedent that favors federal agencies' legal interpretations in rulemaking infringes on judges' rightful authority to decide questions of law.
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January 16, 2024
6 Opinions To Read Before High Court's Chevron Arguments
The U.S. Supreme Court will consider Wednesday whether to overturn a decades-old doctrine that instructs courts to defer to federal agencies' interpretations of ambiguous statutes, arguments in which nearly two dozen of the justices' prior writings may be used to persuade them to toss the controversial court precedent.
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January 16, 2024
Asylum-Seekers Slam Feds' Use Of 'Flawed' App At Border
Asylum-seekers have fired back at the Biden administration's bid to end their California proposed class action challenging the government's use of a smartphone app to book appointments, arguing they've sufficiently alleged they were forced to wait "indefinitely in dangerous conditions with a flawed app as their only lifeline."
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January 16, 2024
Fake Atty Bilked Immigrant Investors Of $700K, Feds Say
A Brazilian woman is charged with posing as an immigration lawyer and defrauding her purported clients of roughly $700,000 under the guise of helping them obtain visas reserved for foreigners who invest in U.S. businesses, according to federal prosecutors.
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January 16, 2024
Marriott Says Former Foreign Intern Can't Prove Forced Labor
Marriott International Inc. has urged a Colorado federal judge to toss a Mexican citizen's proposed class action accusing the company of exploiting foreign interns for cheap labor at its St. Regis Hotel in Aspen, saying he lodged nothing but "bald accusations."
Expert Analysis
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ABA's No-Contact Rule Advice Raises Questions For Lawyers
The American Bar Association's ethics committee recently issued two opinions concerning the no-contact rule — one creates an intuitive and practical default for electronic communications, while the other sets a potential trap for pro se lawyers, say Lauren Snyder and Deepika Ravi at HWG.
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4 Key Skills For An Effective Attorney Coaching Conversation
As BigLaw firms are increasingly offering internal coaching as one of many talent strategies to stem ongoing lawyer attrition, Stacey Schwartz at Katten discusses how coaches can help attorneys achieve their goals.
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Perspectives
How Civilian Attorneys Can Help Veterans
With legal aid topping the U.S. Department of Veterans Affairs' annual list of unmet needs of veterans facing housing insecurity, nonmilitary volunteer attorneys can provide some of the most effective legal services to military and veteran clients, say Anna Richardson at Veterans Legal Services and Nicholas Hasenfus at Holland & Knight.
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Series
My Favorite Law Prof: How I Learned That Culture Shapes Law
U.S. District Judge Jed Rakoff of the Southern District of New York considers how a class with Jerry Cohen at Harvard Law helped him understand culture and history’s influence on jurisprudence, and how even seemingly settled law can evolve — all while espousing a more humanistic approach to teaching that restored Judge Rakoff's pride in being a lawyer.
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9 Legal Ethics Considerations In Natural Disaster Preparation
Since natural disasters like Hurricane Ian do not relieve lawyers of their ethical obligations to clients, law firms should focus their preparedness efforts on specific areas crucial to continuity of representation and ethics compliance, like business and communications contingency planning, record redundancy and more, says Mark Hinderks at Stinson.
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A Divided Congress May Increase Companies' Political Risks
If the impending midterm elections result in a divided government, companies will have to recalibrate their perceptions of political risk so that they can avoid getting caught between competing policy agendas and investigations, say Kristina Moore and Alexander Miehls at FTI Consulting.
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Series
My Favorite Law Prof: How I Learned To Put Law Into Practice
Massachusetts U.S. Attorney Rachael Rollins looks back at how Judge Charles Spurlock's trial advocacy class at Northeastern University School of Law challenged her to apply what she had already learned about civil and criminal procedure, evidence and criminal law to solving real-world problems.
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State AG Consumer Protection Priorities Beyond The Election
Even if some states flip parties in the upcoming midterm elections, bipartisanship will continue to be a cornerstone of state attorney general consumer protection efforts — including data security, public health and price-gouging enforcement — in 2023, say Paul Singer and Beth Chun at Kelley Drye.
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What To Consider When Leaving BigLaw To Go Solo
Attorneys contemplating leaving their once-ideal job in BigLaw to start their own business should take certain concrete steps before they depart, such as saving money and drafting a business plan, and prepare for some common challenges, says Claudia Springer at Novo Advisors.
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Opinion
A Legal Response To DeSantis Migrant Flights May Not Suffice
The U.S. Supreme Court's 2020 analysis in the Bridgegate case may foreshadow challenges in carrying out the legal consequences of Florida Gov. Ron DeSantis’ alleged misuse of funds while relocating Venezuelan migrants to Massachusetts, making it an issue more for voters than the courts, says Bianca Forde at Otis Elevator.
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Opinion
Ohio Workers' Suit Could Distort RICO And Trafficking Laws
An Ohio federal court case over employment contract provisions — Carmen v. Health Carousel — may dramatically expand the scope of trafficking laws and the Racketeer Influenced and Corrupt Organizations Act, which could put ordinary employment disputes under the purview of statutes meant to target organized crime and forced labor, says Noah Peters at Brewer, Attorneys & Counselors.
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Series
My Favorite Law Prof: How I Learned Education Never Ends
D.C. Circuit Judge David Tatel reflects on what made Bernard Meltzer a brilliant teacher and one of his favorite professors at the University of Chicago Law School, and how Meltzer’s teachings extended well past graduation and guided Judge Tatel through some complicated opinions.
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Opinion
New-Parent Attorneys Need Automatic Litigation Stays
To facilitate parental leave for solo practitioners and small-firm attorneys excluded from the Family and Medical Leave Act's protections, the American Bar Association should amend its rules to implement automatic litigation stays for attorneys welcoming a new child, says attorney Gabriel Levy.
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Associate Skills That Impress Firms In A Cooling Job Market
With the lateral hiring market calming down and law firms no longer overlooking resume deficiencies when evaluating candidates, associates at all levels should be cognizant of the skills and attributes that make them marketable to prospective employers, says J.B. Pullias at VOYlegal.
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High Court Could Resolve Thorny Atty-Client Privilege Issue
The U.S. Supreme Court recently granted review in a federal grand jury proceeding that presents a rare opportunity to clarify — and possibly significantly expand — the scope of the attorney-client privilege for complex mixed-purpose communications with counsel, says David Greenwald at Jenner & Block.