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Immigration
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March 06, 2024
GEO Tries To Keep Immigration Site Inspection Suit In Fed Court
Private prison operator GEO Group argued this week that the Washington state labor department's lawsuit accusing GEO of unlawfully turning away inspectors from an immigrant detention facility should stay in federal court since GEO was merely following U.S. Immigration and Customs Enforcement instructions.
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March 05, 2024
Settlement Gets 'Tire Spinning' EB-5 Fraud Suit Unstuck
Winter thawed in a Florida courthouse on Tuesday when the last remaining defendant in a nearly decade-long $50 million investment fraud suit agreed to settle the case, surprising the judge and opposing counsel after refusing for years to strike a deal.
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March 05, 2024
Fed. Circ. Doubts Whether Atty Fee Suit Has Legs
The Federal Circuit didn't seem convinced Tuesday morning that a U.S. Court of Federal Claims order overturning an attorney fee award was even ripe for appeal, but by the end of oral arguments, the panel's ire was drawn toward an eleventh-hour challenge to jurisdiction.
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March 05, 2024
DocGo Hit With Investor Suit Over 'Limitless' Charter Clause
A mobile-healthcare company under scrutiny after being awarded a $432 million contract to provide services for migrants in New York City has been hit with a stockholder suit in Delaware's Court of Chancery alleging that the company's charter contains "broad and limitless" provisions that run afoul of state corporate law.
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March 05, 2024
8th Circ. Says Minor's Duress From Gang Can't Aid Asylum Bid
The Eighth Circuit has refused to overturn an immigration judge's decision denying asylum to a Honduran man who trafficked guns and drugs for MS-13 as a child, finding that his counsel didn't show how duress was linked to the asylum claim.
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March 05, 2024
ADI Can't Recoup Full Quinn Emanuel Bill In IP Theft Case
A Massachusetts federal judge on Tuesday compared Analog Devices Inc.'s pricey hiring of a Quinn Emanuel attorney to monitor its former engineer's trade secrets trial in person to paying "a brain surgeon to pop a pimple" in an order denying restitution for those costs.
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March 04, 2024
Ranches Nix Shepherds' 'Indentured Servitude' Suit For Now
A Nevada federal judge culled individual ranches from a sheepherder's antitrust lawsuit Monday, ruling that for now, the proposed class action has failed to specify their role in an alleged scheme led by the Western Range Association to keep guest worker wages down to the level of "permanent indentured servitude."
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March 04, 2024
Judge 'Uncomfortable' In Tossing Man's No-Fly-List Suit
A Michigan federal judge dismissed Monday a Lebanese-American businessman's lawsuit accusing several federal agencies of violating his fundamental rights by putting him on a secretive no-fly list, but the judge said the decision wasn't easy since the man couldn't face certain evidence.
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March 04, 2024
Alito Delays 5th Circ. Order On Texas' Migrant Arrest Law
The U.S. Supreme Court on Monday delayed a Fifth Circuit order that would have allowed a Texas law authorizing the arrest and removal of migrants to take effect on March 10, giving the state three additional days to fight the Biden administration's bid to block the law.
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March 04, 2024
ICE Could Have Acted On $14M Deal Protest Sooner, Judge Says
A U.S. Court of Federal Claims judge tossed a lawsuit protesting a $14.5 million U.S. Immigration and Customs Enforcement body armor deal, but not without chiding the agency for failing to address a purported conflict of interest earlier on in the dispute.
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March 04, 2024
H-2A Farmworkers Seek Partial Win Ahead Of Wage Trial
A certified class of migrant sugarcane farmworkers under the H-2A visa program asked an Arkansas federal judge to partly rule in their favor in a wage dispute set for an April jury trial, saying payroll records indicate the farm labor contractor shorted them $410,089 and that the owner should be held liable.
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March 04, 2024
Deported Man Seeks Mass. Justices' OK For Remote Retrial
A man deported to the Dominican Republic due to convictions that were later vacated asked Massachusetts' high court on Monday for permission to join the government's retrial of the same charges via videoconference because there's no legal way for him to attend the trial physically.
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March 04, 2024
9th Circ. Says Mexican Man's Torture By Gov't Facility Unlikely
The Ninth Circuit refused to revive a Mexican man's bid for deportation relief, agreeing with the Board of Immigration Appeals that the man failed to show he'd likely be tortured by healthcare providers in Mexico's state-run mental health facilities.
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March 04, 2024
5th Circ. Order May Let Migrant Arrest Law Take Effect
The Fifth Circuit on Saturday stayed a federal judge's injunction on a Texas law that authorizes the arrest and deportation of migrants, but gave the Biden administration one week to convince the U.S. Supreme Court to consider the case.
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March 01, 2024
Ga. Tech Prof Gets Most China-Tied Fraud Charges Tossed
A Georgia federal judge on Friday overruled a federal magistrate in dismissing nine of 10 criminal charges against a former Georgia Institute of Technology professor who was accused of using his post to help bring foreign nationals into the U.S. to covertly work for Chinese telecommunications firm ZTE.
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March 01, 2024
Wash. Seeks Injunction To Force GEO ICE Prison Inspections
The Washington state labor and health departments have urged a Washington federal judge to compel GEO Group to let inspectors inside a Seattle-area immigrant detention facility, saying the private prison giant will otherwise continue to block entry and keep regulators from investigating complaints about unsafe and unsanitary conditions.
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March 01, 2024
Afghan Allies' Visa Processing On The Rise, Watchdog Says
The U.S. Department of State was able to increase the number of special immigrant visas issued to Afghan allies during the last months of 2023, the U.S. Department of Defense watchdog recently reported.
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March 01, 2024
Iowa Co.'s Ongoing Need For Workers Sinks H-2B Bid
A U.S. Department of Labor appeals board backed the department's denial of a pre-engineered building manufacturer's bid to temporarily hire 25 foreign workers, saying the Iowa company failed to show that its need for the workers was indeed temporary.
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March 01, 2024
GOP Subpoena Of Mayorkas Is Media Grab, DHS Says
The U.S. Department of Homeland Security says the House Republicans' recent subpoena of its secretary for documents and communications related to the U.S.-Mexico border is just a grab for press attention.
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March 01, 2024
Fla. Judge Resigns Amid Ethics Charges Over Ex Parte Chat
A Florida state judge has resigned, ending an ethics case triggered by his allegedly biased ex parte comments to a prosecutor following a Zoom hearing in August.
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February 29, 2024
Veteran Journalist Held In Contempt For Not Divulging Source
A D.C. federal judge on Thursday found veteran journalist Catherine Herridge in civil contempt of his order to reveal her sources for a series of stories she wrote while at Fox News about a Chinese American scientist who was the subject of a federal investigation.
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February 29, 2024
Attys Seek To Get Migrant Kids Out Of 'Unsafe' Open-Air Sites
A group of human rights organizations urged a California federal court on Thursday to compel the Biden administration to move migrant children out of open-air detention sites along the border, saying the children have been forced to shelter in "extraordinarily unsafe and unsanitary" conditions including portable toilets, dumpsters and trash-filled filled tarps to escape the elements.
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February 29, 2024
Texas Hotel Co. Denied H-2B Workers For National Guard Influx
The Board of Alien Labor Certification Appeals has ruled that a hotel management company seeking foreign housekeepers and cleaners to work in hotels housing National Guard soldiers deployed to the border failed to show they temporarily needed the H-2B workers.
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February 29, 2024
Feds Say High Court Ruling Is Irrelevant To Razor Wire Fight
The Biden administration told the Fifth Circuit on Thursday that the U.S. Supreme Court's recent ruling rejecting its sovereign-immunity defense in Fair Credit Reporting Act litigation "sheds no light" on its fight with Texas over concertina razor-wire barriers the Lone Star State has erected along the U.S-Mexico border.
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February 29, 2024
Fox Rothschild Wants Atty Gag Order In NJ Malpractice Suit
Fox Rothschild LLP asked a New Jersey federal court Thursday to impose a gag order on an attorney who recently called it a "corrupt organization" and threatened criminal prosecution, claiming those comments — made in a malpractice lawsuit over allegedly botched immigration work — are a cynical ploy to extort the firm into "a lucrative settlement."
Expert Analysis
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5 Ways Attorneys Can Use Emotion In Client Pitches
Lawyers are skilled at using their high emotional intelligence to build rapport with clients, so when planning your next pitch, consider how you can create some emotional peaks, personal connections and moments of magic that might help you stick in prospective clients' minds and seal the deal, says consultant Diana Kander.
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5 Keys To A Productive Mediation
Excerpt from Practical Guidance
Cortney Young at ADR Partners discusses factors that can help to foster success in mediation, including scheduling, preparation, managing client expectations and more.
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Evaluating The Legal Ethics Of A ChatGPT-Authored Motion
Aimee Furness and Sam Mallick at Haynes Boone asked ChatGPT to draft a motion to dismiss, and then scrutinized the resulting work product in light of attorneys' ethical and professional responsibility obligations.
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7 Tips To Increase Your Law Firm's DEI Efforts In 2023
Law firms looking to advance their diversity, equity and inclusion efforts should consider implementing new practices and initiatives this year, including some that require nominal additional effort or expense, say Janet Falk at Falk Communications and Gina Rubel at Furia Rubel.
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Series
Keys To A 9-0 High Court Win: Get Back To Home Base
When I argued for the petitioner in Morgan v. Sundance before the U.S. Supreme Court last year, I made the idea of consistency the cornerstone of my case and built a road map for my argument to ensure I could always return to that home-base theme, says Karla Gilbride at Public Justice.
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Proposed Immigration Fee Increases May Have A Silver Lining
The recent proposal to increase immigration filing fees may help U.S. Citizenship and Immigration Services improve efficiency, and even the 2,050% increase in the cost of registering for the H1-B lottery may have an upside, say Rebecca Bernhard and Mike Sevilla at Dorsey & Whitney.
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Atty-Client Privilege Arguments Give Justices A Moving Target
Recent oral arguments before the U.S. Supreme Court in a case regarding the scope of the attorney-client privilege appeared to raise more questions about multipurpose counsel communications than they answered, as the parties presented shifting iterations of a predictable, easily applied test for evaluating the communications' purpose, say Trey Bourn and Thomas DiStanislao at Butler Snow.
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5 Gen X Characteristics That Can Boost Legal Leadership
As Generation X attorneys rise to fill top roles in law firms and corporations left by retiring baby boomers, they should embrace generational characteristics that will allow them to become better legal leaders, says Meredith Kahan at Whiteford Taylor.
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6 Questions For Boutique Firms Considering Mergers
To prepare for discussions with potential merger partners, boutique law firms should first consider the challenges they hope to address with a merger and the qualities they prioritize in possible partner firms, say Howard Cohl and Ron Nye at Major Lindsey.
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Immigration Considerations For Employers Planning Layoffs
Employers facing layoffs or wage reductions should take specific steps to identify immigration-related compliance obligations, reduce the impact on foreign national employees' status and protect the company's immigration and mobility program overall, say attorneys at Quarles & Brady.
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5 Tips For Adding Value To Legal Clients' Experience In 2023
Faced with a potential economic downturn this year, attorneys should look to strengthen client relationships now by focusing on key ways to improve the client experience, starting with a check-in call to discuss client needs and priorities for the coming year, say attorneys at Troutman Pepper.
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Wage Transparency Laws Create Labor Cert. Hurdles
A business-as-usual approach to labor certification amid the influx of new wage transparency laws in different jurisdictions is untenable, especially for employers with liberal remote work options and locations in numerous states, say Eleanor Pelta and Whitney Lohr at Morgan Lewis.
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6 Ways To Avoid Compounding Errors When Practicing Law
For lawyers and law firms, inevitable human error can lead to claims of malpractice or ethical violations, but the key is to avoid exacerbating mistakes by adding communication failures, conflicts of interest or insurance coverage losses, says Mark Hinderks at Stinson.
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What Will Keep Legal Talent Professionals Up At Night In 2023
Hybrid work environments, high demand for lateral hires and a potential slowdown of the economy defined 2022 in the always-busy marketplace for legal talent, and as BigLaw looks at the year ahead, there are five major sources of concern for the teams charged with securing and retaining that talent, say advisers at Baretz+Brunelle.
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The Most-Read Legal Industry Law360 Guest Articles Of 2022
A range of legal industry topics drew readers' attention in Law360's Expert Analysis section this year, from the "great resignation" to potential expansion of attorney-client privilege.