Immigration

Expert Analysis

• Don't Let Moonlighting Undermine Employment Visa Status

  

  Employees with nonimmigrant visas should be educated about the parameters of lawful U.S. employment because they may not know that earning extra income through a side gig could render them ineligible for permanent residence down the road, say Douglas Halpert and Jessica Cadavid at Hammond Law Group.

• How Associate Life Has Evolved Over The Past Decade

  

  During the last 10 years, the need to embrace change was fundamental for law firms, and that change affected associates in many ways — most, but not all, for the better, says Brad Kaufman, co-president of Greenberg Traurig.

• OFAC's New Iran Sanctions May Not Signal Seismic Change

  

  While President Donald Trump’s recent executive order expands the ability of the U.S. Office of Foreign Assets Control to sanction non-U.S. entities doing business with Iran, it remains to be seen whether OFAC will pursue aggressive enforcement of its strengthened secondary sanctions authority, say attorneys at Ropes & Gray.

• Series

  Judging A Book: Dyk Reviews 'Democracy And Equality'

  

  In their new book "Democracy and Equality: The Enduring Constitutional Vision of the Warren Court," Geoffrey Stone and David Strauss provide valuable context for U.S. Supreme Court decisions under Chief Justice Earl Warren that have profoundly affected the country, but their overly protective attitude sometimes obscures reality, says Federal Circuit Judge Timothy Dyk.

• 7 Insider Tips For Working With In-House Counsel

  

  For outside firms wondering how to best support busy in-house lawyers, several practices can help navigate critical legal issues and novel business challenges while strengthening the working relationship, says Virginia Hudson, associate general counsel at Capital One.

• 50 Years Later, Interpretive Challenges Remain For RICO

  

  In the 50 years since the Racketeer Influenced and Corrupt Organizations Act was passed, courts' attempts to clarify the statute have had some success, but many interpretive dilemmas remain unresolved, says Randy Gordon of Barnes & Thornburg.

• Highlights From Trump's New Nonimmigrant Visa Proposals

  

  Continuing its rollout of comprehensive immigration reform, the Trump administration recently pivoted from enforcement to rulemaking, proposing changes that would limit the availability and scope of some of the most depended-upon employment-based visa categories, says Jordan Gonzalez at Klasko.

• 7 Ethics Tips For Lawyers' Pretrial Social Media Use

  

  As ethical constraints on pretrial social media use evolve, the American Bar Association's Model Rules and several court opinions provide guidance on avoiding violations when collecting evidence, researching jurors and friending judges, say Hilary Gerzhoy and Mark Davis at Harris Wiltshire.

• Opinion

  States Should Not Follow ABA On Attorney Conduct Rules

  

  Because the American Bar Association's new rule on diversity continues to use the Model Rules of Professional Conduct as a cultural bludgeon, states should create independent codes limited to constitutionally valid purposes of attorney regulation, says Bradley Abramson of Alliance Defending Freedom.

• How Courts And Litigants Can Benefit From Special Masters

  

  As we approach the first anniversary of the American Bar Association's adoption of guidelines for the appointment and use of special masters in civil litigation, retired U.S. District Judge Shira Scheindlin, now at Stroock, explains how special masters can help parties and courts with faster decision-making and subject matter expertise.

• Perspectives

  USCIS Work Proposals Add To LGBTQ Asylum Seekers' Risks

  

  Pending U.S. Citizenship and Immigration Services proposals to prolong employment ineligibility and charge for employment authorization documents would be particularly detrimental to already-vulnerable LGBTQ asylum seekers, says Richard Kelley at the DC Volunteer Lawyers Project.

• Uber Policy Calls For Refresher On ABA Confidentiality Rules

  

  Uber's recent policy update allowing drivers to audio-record passenger rides is a reminder for lawyers to observe the highest standard of care in protecting client information under the American Bar Association's confidentiality model rule, says Paul Boehm at Williams & Connolly.

• 4 Simple Rules For Witness Note Taking

  

  Witness notes that form the center of a plaintiff’s case have largely been replaced by digital systems, but they remain on defense counsel’s radar, and with proper safeguards can be a witness's best friend, says Matthew Keenan at Shook Hardy.

• Opinion

  2 Overlooked Advantages Of Hourly Fees

  

  Alternative-fee disputes like Bartlit Beck v. Okada in Illinois federal court may tell us something about the reasons for the continued vitality of the hourly fee, especially among clients who have the wherewithal to pay, says attorney J.B. Heaton.

• 5 Things To Watch In Litigation Finance This Year

  

  As 2020 arrives, we may see new products and initiatives in litigation finance that we can’t imagine yet, but one thing is clear — this industry is well past its earliest stage and is entering a very active growth spurt, says Ralph Sutton of Validity Finance.