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Immigration
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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."
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February 29, 2024
Texas Judge Bars State's Migrant Arrest Law During Litigation
A Texas federal judge on Thursday slammed the brakes on a Texas law that would allow the state to arrest and deport migrants, ruling that states can't exercise immigration enforcement power without federal permission.
Expert Analysis
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Tackling Judge-Shopping Concerns While Honoring Localism
As the debate continues over judge-shopping and case assignments in federal court, policymakers should look to a hybrid model that preserves the benefits of localism for those cases that warrant it, while preventing the appearance of judge-shopping for cases of a more national or widespread character, says Joshua Sohn at the U.S. Department of Justice.
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Series
Inside Immigration Court: The Pros, Cons Of Remote Hearings
Technology introduced during the pandemic has improved the quality and efficiency of virtual immigration court hearings, but concerns still linger over the court system's ability to provide full and complete simultaneous interpretation in these hearings, as well as its effect on due process, says Immigration Judge Mimi Tsankov.
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Perspectives
How Attorneys Can Help Combat Anti-Asian Hate
Amid an exponential increase in violence against Asian American and Pacific Islander communities, unique obstacles stand in the way of accountability and justice — but lawyers can effect powerful change by raising awareness, offering legal representation, advocating for victims’ rights and more, say attorneys at Gibson Dunn.
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Opinion
Congress Needs To Enact A Federal Anti-SLAPP Statute
Although many states have passed statutes meant to prevent individuals or entities from filing strategic lawsuits against public participation, other states have not, so it's time for Congress to enact a federal statute to ensure that free speech and petitioning rights are uniformly protected nationwide in federal court, say attorneys at Skadden.
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Some Client Speculations On AI And The Law Firm Biz Model
Generative artificial intelligence technologies will put pressure on the business of law as it is structured currently, but clients may end up with more price certainty for legal services, and lawyers may spend more time being lawyers, says Jonathan Cole at Melody Capital.
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New Foreign Labor Certification Form Brings Complications
Ambiguities in a question on the Office of Foreign Labor Certification's new application for permanent employment certification could serve as a trap for attorneys and sponsoring employers, as it's unclear how it will be interpreted by both the OFLC and the U.S. Citizenship and Immigration Services, says Michael Morton at Fakhoury Global.
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Ensuring I-9 Compliance As Remote Flexibility Sunsets
Employers that took advantage of remote document inspection in their I-9 employment eligibility verification processes under COVID-19 accommodations must physically reinspect such documents and make other adjustments to bring their records into compliance before Aug. 30, say attorneys at Duane Morris.
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A Lawyer's Guide To Approaching Digital Assets In Discovery
The booming growth of cryptocurrency and non-fungible tokens has made digital assets relevant in many legal disputes but also poses several challenges for discovery, so lawyers must garner an understanding of the technology behind these assets, the way they function, and how they're held, says Brett Sager at Ehrenstein Sager.
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Opinion
High Court's Ethics Statement Places Justices Above The Law
The U.S. Supreme Court justices' disappointing statement on the court's ethics principles and practices reveals that not only are they satisfied with a status quo in which they are bound by fewer ethics rules than other federal judges, but also that they've twisted the few rules that do apply to them, says David Janovsky at the Project on Government Oversight.
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Series
Inside Immigration Court: Making The Case For Bond Release
Immigration Judge Samuel Cole offers a guide to help attorneys practicing in immigration court — against a backdrop of high stakes and fast-moving dockets — better prepare for bond hearings, so proceedings run more smoothly and with less delay.
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Opinion
Time For Law Schools To Rethink Unsung Role Of Adjuncts
As law schools prepare for the fall 2023 semester, administrators should reevaluate the role of the underappreciated, indispensable adjunct, and consider 16 concrete actions to improve the adjuncts' teaching experience, overall happiness and feeling of belonging, say T. Markus Funk at Perkins Coie, Andrew Boutros at Dechert and Eugene Volokh at UCLA.
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Tips For In-House Legal Leaders In A Challenging Economy
Amid today's economic and geopolitical uncertainty, in-house legal teams are running lean and facing increased scrutiny and unique issues, but can step up and find innovative ways to manage outcomes and capitalize on good business opportunities, says Tim Parilla at LinkSquares.
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Minimizing Discrimination Risks In Export Control Compliance
A recently issued U.S. Department of Justice fact sheet on avoiding immigration-related discrimination in U.S. export control compliance should help employers learn to walk a tightrope to ensure their good faith compliance efforts do not unintentionally create risks, say attorneys at Baker McKenzie.
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What Associates Need To Know Before Switching Law Firms
Excerpt from Practical Guidance
The days of staying at the same firm for the duration of one's career are mostly a thing of the past as lateral moves by lawyers are commonplace, but there are several obstacles that associates should consider before making a move, say attorneys at HWG.
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A Case For Sharing Mediation Statements With Counterparties
In light of a potential growing mediation trend of only submitting statements to the mediator, litigants should think critically about the pros and cons of exchanging statements with opposing parties as it could boost the chances of reaching a settlement, says Arthur Eidelhoch at Eidelhoch Mediation.