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Immigration
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September 24, 2024
Chance Cognizant Didn't Discriminate Is '1 In A Billion,' Jury Told
An attorney for a class of former Cognizant Technology employees alleging the company discriminated against non-South Asian and non-Indian employees told a jury during opening statements of a retrial Tuesday that the probability Cognizant's behavior wasn't racially biased is about one in a billion.
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September 24, 2024
Fla. Staffing Co. Owners Charged With Immigration, Tax Fraud
A pair of Ukrainian nationals are charged with immigration fraud and money laundering conspiracy stemming from a yearslong scheme of hiring nonresident aliens ineligible to work in the U.S. to their labor staffing companies, according to an indictment unsealed Monday in Florida federal court.
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September 24, 2024
NJ Apartment Owner, Operator Fight DACA Bias Suit
An apartment complex's owner and its operator have urged a New Jersey federal court to toss a Guatemalan immigrant's claims that her housing application was denied due to her Deferred Action for Childhood Arrivals status, saying she failed to provide proof of legal residence.
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September 24, 2024
Texas AG, County Officials Spar Over Voter Registration Suits
Texas Attorney General Ken Paxton is urging a federal judge to send his lawsuits challenging two counties' voter registration initiatives back to state courts, emphasizing that his office has learned one county sent an unsolicited registration application to a person who died more than 40 years ago.
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September 24, 2024
Haitian Group Seeks Criminal Charges Against Trump And Vance
A Haitian advocacy organization filed an affidavit Tuesday seeking criminal prosecution of former President Donald Trump and his running mate, Ohio Sen. J.D. Vance, for their false claims that Haitian immigrants are eating pets in Springfield, Ohio, that have "wreaked havoc" on the city.
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September 24, 2024
Think Tank Can't Get Prince Harry's Visa Records, Judge Says
A D.C. federal judge has shot down conservative think tank's attempt to pry loose Prince Harry's visa records, saying the U.S. Department of Homeland Security rightfully withheld them to protect the Duke of Sussex's privacy.
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September 24, 2024
Dems Urge Full 9th Circ. To Rethink Worker's Trafficking Loss
Democratic lawmakers urged the en banc Ninth Circuit to rethink a split decision tossing Cambodian workers' human trafficking suit against a California importer, arguing Congress specifically amended the federal law following another erroneous Ninth Circuit ruling in the case, and the majority's refusal to apply those amendments retroactively undermines congressional authority.
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September 23, 2024
'Dreamers' Want In On GOP States' Suit Over ACA Coverage
Deferred Action for Childhood Arrivals recipients and a Maryland nonprofit have moved to intervene in a Republican states-led lawsuit challenging a rule giving DACA beneficiaries access to Affordable Care Act health insurance programs, saying the Biden administration can't adequately represent their interests.
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September 23, 2024
Blogging Co. Can't Nab Health Aides For Traveling CEO
A blogging company was denied the ability to hire foreign health aides for its Mexico-based CEO during his visits to the U.S., with an administrative law judge saying the U.S. Department of Labor couldn't assess how on-and-off employees would affect domestic workers.
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September 23, 2024
Migrant Youth Facility Moves To Ax DOJ's Sex Abuse Suit
Southwest Key asked a Texas federal judge to end the government's suit alleging it failed to protect migrant children from sexual abuse by staffers in violation of the Fair Housing Act, arguing Monday there are different regulations addressing and preventing such misconduct in shelter care facilities that don't include the FHA.
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September 23, 2024
DOL Says It Can Set Higher Wages For H-2A Workers
The U.S. Department of Labor told a Florida federal court that its final rule increasing foreign agricultural workers' salaries ensures that H-2A visa holders don't adversely affect the wages of other workers, rejecting farm groups' arguments that the department lacked the authority to do so.
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September 23, 2024
Feds To Pay $893K Fee Award To Travel Ban Challengers
A California federal judge has signed off on the Biden administration's agreement to cover $893,000 worth of legal fees that thousands of visa applicants racked up while contesting a Trump-era travel ban that prevented them from immigrating to the U.S.
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September 23, 2024
Lack Of Evidence Dooms H-2B Administrative Assistant Bid
A U.S. Department of Labor appeals board ruled that a Florida-based company's application for five administrative assistants through the H-2B temporary visa program was rightly denied for its failure to provide supporting evidence to substantiate its request.
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September 23, 2024
5th Circ. Refuses Texas A Jury Trial For Border Buoy Case
The Fifth Circuit refused Texas' request for jurors to decide the legality of barriers installed in the Rio Grande to deter migrants, saying the Seventh Amendment's right to a jury trial doesn't apply to the case.
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September 20, 2024
Retail Theft Wasn't Removable Crime, Immigration Board Says
Retail theft is not necessarily a crime of moral turpitude that warrants an immigrant's removal, the Board of Immigration Appeals ruled Friday, saying its 2006 precedential reasoning runs afoul of the categorical approach articulated by the U.S. Supreme Court.
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September 20, 2024
Cards Against Humanity Hits SpaceX With $15M Trespass Suit
Cards Against Humanity LLC hit Elon Musk's SpaceX with a $15 million lawsuit in Texas state court, alleging SpaceX has trespassed and dumped trash and machinery on its once-pristine Lone Star State property that the party card game-maker bought to impede former President Donald Trump's U.S.-Mexico border wall.
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September 20, 2024
Okla. Says Precedent Doesn't Bar All State Immigration Laws
Oklahoma told the Tenth Circuit that a district court wrongly extended U.S. Supreme Court precedent to block a law making it a crime for unauthorized immigrants to be in Oklahoma, saying not all state immigration measures have been deemed preempted.
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September 20, 2024
H-2A Wage Rule Blocked In La. For Sugarcane Farms
A Louisiana federal judge said Thursday the U.S. Department of Labor likely didn't have the authority to raise wages for H-2A farmworkers, temporarily blocking the rule from applying to sugarcane farms in Louisiana.
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September 20, 2024
Chevron's Demise May Not Bring Deluge Courts Had Feared
Though the death of Chevron deference has opened a door to attacking administrative decisions, the expected uptick in litigation probably won't threaten to clog federal courts, numerous administrative law experts told Law360.
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September 19, 2024
10th Circ. Says Disbarred Atty Mooted Appeal With Guilty Plea
The Tenth Circuit dismissed a disbarred immigration attorney's efforts at obtaining an injunction that would force a state court to appoint counsel for her in a forgery case, saying Thursday that she mooted her own appeal by pleading guilty.
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September 19, 2024
8th Circ. Says No Detention Time Limit For Deportees
The Eighth Circuit has ruled that a district court wrongly determined that the due process rights of an Ivory Coast native convicted of robbery were violated after he spent a year in federal custody waiting for a removal decision.
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September 19, 2024
GAO Says ICE Wrongly Excluded Co. Over Registration Lapse
The U.S. Government Accountability Office has backed a protest from a company that lost a U.S. Immigration and Customs Enforcement medical services task order over a temporary federal database registration lapse, saying ICE had not mandated continuous registration.
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September 19, 2024
Missed Audit Deadline Spoils Bid For Foreign Engineer Tech
A U.S. Department of Labor appeals board won't allow a technology company to revive its bid to hire a foreign, full-time mechanical engineering technician, saying a missed deadline to submit required documentation during an audit doomed the request.
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September 19, 2024
5th Circ. Says Deported Honduran Wrongly Deemed A Felon
The Fifth Circuit has vacated the removal order of a Honduran woman charged as an accessory to an armed robbery, finding that the Louisiana statute she was deported under for an aggravated felony doesn't align with the federal definition of the removable offense of obstruction of justice.
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September 19, 2024
Cleaning Co., H-2B Workers Nab Final OK For $400K Deal
A Colorado federal judge granted final approval Thursday to a $400,000 settlement that resolves claims from migrant housekeepers who accused a cleaning contractor of committing a variety of wage and visa law violations and threatening to deport workers who complained.
Expert Analysis
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Series
Round-Canopy Parachuting Makes Me A Better Lawyer
Similar to the practice of law, jumping from an in-flight airplane with nothing but training and a few yards of parachute silk is a demanding and stressful endeavor, and the experience has bolstered my legal practice by enhancing my focus, teamwork skills and sense of perspective, says Thomas Salerno at Stinson.
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Why Now Is The Time For Law Firms To Hire Lateral Partners
Partner and associate mobility data from the second quarter of this year suggest that there's never been a better time in recent years for law firms to hire lateral candidates, particularly experienced partners — though this necessitates an understanding of potential red flags, say Julie Henson and Greg Hamman at Decipher Investigative Intelligence.
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Series
After Chevron: Courts Will Still Defer To Feds On Nat'l Security
Agencies with trade responsibilities may be less affected by Chevron’s demise because of the special deference courts have shown when hearing international trade cases involving national security, foreign policy or the president’s constitutional authority to direct such matters, say attorneys at Venable.
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What 7th Circ. Collective Actions Ruling Means For Employers
With the Seventh Circuit’s recent Fair Labor Standards Act ruling in Vanegas v. Signet Builders, a majority of federal appellate courts that have addressed the jurisdictional scope of employee collective actions now follow the U.S. Supreme Court's limiting precedent, bolstering an employer defense in circuits that have yet to weigh in, say attorneys at Jackson Lewis.
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Considering Possible PR Risks Of Certain Legal Tactics
Disney and American Airlines recently abandoned certain litigation tactics in two lawsuits after fierce public backlash, illustrating why corporate counsel should consider the reputational implications of any legal strategy and partner with their communications teams to preempt public relations concerns, says Chris Gidez at G7 Reputation Advisory.
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It's No Longer Enough For Firms To Be Trusted Advisers
Amid fierce competition for business, the transactional “trusted adviser” paradigm from which most firms operate is no longer sufficient — they should instead aim to become trusted partners with their most valuable clients, says Stuart Maister at Strategic Narrative.
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A Preview Of AI Priorities Under The Next President
For the first time in a presidential election, both of the leading candidates and their parties have been vocal about artificial intelligence policy, offering clues on the future of regulation as AI continues to advance and congressional action continues to stall, say attorneys at Mintz.
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How Methods Are Evolving In Textualist Interpretations
Textualists at the U.S. Supreme Court are increasingly considering new methods such as corpus linguistics and surveys to evaluate what a statute's text communicates to an ordinary reader, while lower courts even mull large language models like ChatGPT as supplements, says Kevin Tobia at Georgetown Law.
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Why Attorneys Should Consider Community Leadership Roles
Volunteering and nonprofit board service are complementary to, but distinct from, traditional pro bono work, and taking on these community leadership roles can produce dividends for lawyers, their firms and the nonprofit causes they support, says Katie Beacham at Kilpatrick.
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Firms Must Offer A Trifecta Of Services In Post-Chevron World
After the U.S. Supreme Court’s Loper Bright Enterprises v. Raimondo decision overturning Chevron deference, law firms will need to integrate litigation, lobbying and communications functions to keep up with the ramifications of the ruling and provide adequate counsel quickly, says Neil Hare at Dentons.
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5 Tips To Succeed In A Master Of Laws Program And Beyond
As lawyers and recent law school graduates begin their Master of Laws coursework across the country, they should keep a few pointers in mind to get the most out of their programs and kick-start successful careers in their practice areas, says Kelley Miller at Reed Smith.
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Series
Being An Opera Singer Made Me A Better Lawyer
My journey from the stage to the courtroom has shown that the skills I honed as an opera singer – punctuality, memorization, creativity and more – have all played a vital role in my success as an attorney, says Gerard D'Emilio at GableGotwals.
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How Law Firms Can Avoid 'Collaboration Drag'
Law firm decision making can be stifled by “collaboration drag” — characterized by too many pointless meetings, too much peer feedback and too little dissent — but a few strategies can help stakeholders improve decision-making processes and build consensus, says Steve Groom at Miles Mediation.
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Opinion
Litigation Funding Disclosure Key To Open, Impartial Process
Blanket investor and funding agreement disclosures should be required in all civil cases where the investor has a financial interest in the outcome in order to address issues ranging from potential conflicts of interest to national security concerns, says Bob Goodlatte, former U.S. House Representative for Virginia.
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What NFL Draft Picks Have In Common With Lateral Law Hires
Nearly half of law firm lateral hires leave within a few years — a failure rate that is strikingly similar to the performance of NFL quarterbacks drafted in the first round — in part because evaluators focus too heavily on quantifiable metrics and not enough on a prospect's character traits, says Howard Rosenberg at Baretz+Brunelle.