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Immigration
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May 24, 2024
Fla. Judge Revisits Scope Of Immigrant Transport Law Injunction
A Florida federal judge may backtrack on the scope of his order blocking a state law that criminalizes the transportation of unauthorized immigrants, after citing national discourse among legal experts on the appropriateness of universal injunctions.
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May 23, 2024
Md. Restaurant's Bid For H-2B Cooks Doomed By Payroll Data
A U.S. Department of Labor judge has refused to rescue a Baltimore Caribbean restaurant's efforts to hire cooks through the H-2B seasonal worker visa program, saying payroll records undermined claims that the restaurant experienced surging demand during the warmer months.
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May 23, 2024
ACLU Follows DOJ In Bid To Block Okla. Immigration Law
The American Civil Liberties Union on Thursday filed a lawsuit challenging an Oklahoma law criminalizing the presence of undocumented immigrants in the state, mirroring a similar suit the U.S. Department of Justice filed the day prior.
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May 23, 2024
Couple Wants ID Protection Of Afghan 'Baby Doe' Fam Lifted
A U.S. Marine and his wife accused of kidnapping an Afghan child urged a Virginia federal court to lift a protective order barring them from identifying the child or her relatives, saying the Taliban already knows the Afghan families' identities.
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May 23, 2024
NC GOP Wants 'Citizen-Only' Voting Question On Ballots
North Carolina Republicans on Thursday pushed to amend the state constitution to clarify that only U.S. citizens may vote in the state.
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May 23, 2024
Senate Democrats Join GOP To Kill Bipartisan Border Bill
The Senate on Thursday failed to pass a bipartisan border security and asylum bill touted by the White House, after four Democrats bailed on President Joe Biden's push to revive the legislation.
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May 22, 2024
9th Circ. Denies States' Bid To Weigh In On Asylum Limits
A split Ninth Circuit on Wednesday denied several states' motion to intervene in the Biden administration's bid to settle a lawsuit challenging a rule limiting asylum, saying the states lack interests warranting their involvement in settlement negotiations.
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May 22, 2024
Justices' CFPB Alliance May Save SEC Courts, Not Chevron
A four-justice concurrence to the U.S. Supreme Court's decision upholding the Consumer Financial Protection Bureau's unique funding scheme last week carries implications for other cases pending before the court that challenge the so-called administrative state, or the permanent cadre of regulatory agencies and career government enforcers who hold sway over vast swaths of American economic life.
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May 22, 2024
EB-5 Investors Say Developers' $150K Shouldn't Go To Attys
Chinese investors looking to recoup a nearly $40 million investment in failed developments urged an Illinois federal court against allowing bankrupt developers to use $150,000 in assets to pay the developers' attorneys, saying the lawyers shouldn't be paid before the investors.
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May 22, 2024
Iowa AG Says Immigration Law's Critics Must Unmask To Sue
Iowa's attorney general called on an Iowa federal court to force two immigrants challenging a law that provides state officials with deportation powers to reveal their identities, saying the pair haven't shown they would face serious danger if unmasked.
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May 22, 2024
DOJ Targets Okla. In Latest Suit Over State Immigration Laws
The U.S. Department of Justice is asserting the supremacy of federal immigration law once again, this time taking aim at the legality of an Oklahoma state law making it a crime for undocumented immigrants to live in the state.
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May 22, 2024
NY Judicial Nominee Defends Record Amid GOP Criticism
A judicial nominee for a New York federal court stood by her ruling allowing an inmate convicted of sex offenses to transfer from a male to female prison, amid concerns from Republicans that led to some dramatics Wednesday in a congressional hearing room.
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May 22, 2024
Fla. Judge Blocks Immigrant Transport Law During Litigation
A Florida federal judge on Wednesday temporarily blocked the state from enforcing a new law that criminalizes the transportation of unauthorized immigrants, saying the law intrudes on the federal government's authority over immigration matters.
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May 21, 2024
Feds Tell 5th Circ. To Ignore Park Skirmish In Razor Wire Row
The federal government urged the Fifth Circuit to ignore a series of events surrounding concertina wire fencing Texas has erected along the U.S.-Mexico border, arguing the fight over a park has no bearing on whether a district court was wrong in refusing to ban border patrol agents from cutting the barrier.
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May 21, 2024
Colo. Hotel Denies Directly Hiring H-2B Workers In Wage Suit
A Colorado luxury hotel told a federal judge that it doesn't belong in a proposed class action accusing it and its cleaning contractor of unlawfully deducting Mexican housekeeping workers' wages, saying the contractor is the workers' sole employer.
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May 21, 2024
Some DOL Informers To Be Disclosed In Fishery Wage Case
A Mississippi federal judge ordered the U.S. Department of Labor to disclose the identities of migrant workers with knowledge of a fishery's alleged interference with a DOL investigation or of allegations the fishery retaliated against workers cooperating in the probe.
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May 21, 2024
4th Circ. Told Justices' Ruling Dooms Bid To Delay $811M Fine
The Consumer Financial Protection Bureau has pointed to the U.S. Supreme Court's recent decision finding the agency's funding structure constitutional to head off a bid by immigrant bond companies accused of abusive bonding practices to delay an $811 million judgment.
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May 21, 2024
Green Card Holders Risk Removal Under Iowa Law, AILA Says
The American Immigration Lawyers Association is backing a nonprofit's challenge to an Iowa law empowering state officials to remove previously deported noncitizens, saying the law criminalizes many who otherwise have a right to stay in the U.S., including lawful permanent residents.
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May 21, 2024
Strategic Hiring Was The New Normal For BigLaw In 2023
The 400 largest law firms by headcount in the U.S. grew more slowly in 2023 than in the previous two years, while Kirkland & Ellis LLP surpassed the 3,000-attorney threshold, according to the latest Law360 ranking.
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May 21, 2024
The Law360 400: Tracking The Largest US Law Firms
The legal market expanded more tentatively in 2023 than in previous years amid a slowdown in demand for legal services, especially in transactions, an area that has been sluggish but is expected to quicken in the near future.
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May 20, 2024
Biden Admin Can't Escape Immigrants' Selective Vetting Suit
A group of Muslim immigrants left in limbo while their applications for naturalization undergo indefinite and what they claim is "extreme vetting" are entitled to their day in court, a Washington federal district judge said Monday in rejecting the Biden administration's bid to end the case for lack of subject matter jurisdiction.
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May 20, 2024
Nonprofits Renew Bid To Enter Red States' Border Wall Suit
Two nonprofits urged a Texas federal court to add them to a challenge to the Biden administration's plans to use border wall appropriations for remediation projects, saying they were shocked by the administration's acceptance of an order suspending the plan.
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May 20, 2024
Immigrant Groups Claim CBP's Open-Air Sites Violate Order
Immigrant advocacy groups told a California federal judge Friday that U.S. Customs and Border Protection is continuing to hold immigrant children and their parents at open-air detention sites overnight along the U.S.-Mexico border, despite the court's April ruling that the outdoor sites are unsafe and unhygienic.
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May 20, 2024
Agricultural Groups Agree To Toss Claim In H-2A Rule Dispute
Several Florida-based agricultural groups agreed to toss a claim in their suit challenging the U.S. Department of Labor's rule raising the wages of H-2A agricultural workers, saying while they still believe the allegation is viable, trimming the suit will expedite the litigation.
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May 20, 2024
U-Visa Decisions Take Minutes, Not Years, Immigrants Say
Immigrants alleging delayed processing of their U-visa applications have rebuffed the U.S. Department of Homeland Security's efforts to dismiss their proposed class action, urging a Michigan federal court to order the agency to issue decisions they say take only a few minutes, not years.
Expert Analysis
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Series
Walking With My Dog Makes Me A Better Lawyer
Thanks to my dog Birdie, I've learned that carving out an activity different from the practice of law — like daily outdoor walks that allow you to interact with new people — can contribute to professional success by boosting creativity and mental acuity, as well as expanding your social network, says Sarah Petrie at the Massachusetts Attorney General’s Office.
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Think Like A Lawyer: Follow The Iron Rule Of Trial Logic
Many diligent and eager attorneys include every good fact, point and rule in their trial narratives — spurred by the gnawing fear they’ll be second-guessed for leaving something out — but this approach ignores a fundamental principle of successful trial lawyering, says Luke Andrews at Poole Huffman.
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The Art Of Asking: Leveraging Your Contacts For Referrals
Though attorneys may hesitate to ask for referral recommendations to generate new business, research shows that people want to help others they know, like and trust, so consider who in your network you should approach and how to make the ask, says Rebecca Hnatowski at Edwards Advisory.
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Series
Being An Equestrian Makes Me A Better Lawyer
Beyond getting experience thinking on my feet and tackling stressful situations, the skills I've gained from horseback riding have considerable overlap with the skills used to practice law, particularly in terms of team building, continuing education, and making an effort to reset and recharge, says Kerry Irwin at Moore & Van Allen.
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4 Ways To Refresh Your Law Firm's Marketing Strategy
With many BigLaw firms relying on an increasingly obsolete marketing approach that prioritizes stiff professionalism over authentic connection, adopting a few key communications strategies to better connect with today's clients and prospects can make all the difference, say Eric Pacifici and Kevin Henderson at SMB Law.
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Series
Whitewater Kayaking Makes Me A Better Lawyer
Whether it's seeing clients and their issues from a new perspective, or staying nimble in a moment of intense challenge, the lessons learned from whitewater kayaking transcend the rapids of a river and prepare attorneys for the courtroom and beyond, says Matthew Kent at Alston & Bird.
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This Earth Day, Consider How Your Firm Can Go Greener
As Earth Day approaches, law firms and attorneys should consider adopting more sustainable practices to reduce their carbon footprint — from minimizing single-use plastics to purchasing carbon offsets for air travel — which ultimately can also reduce costs for clients, say M’Lynn Phillips and Lisa Walters at IMS Legal Strategies.
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Practicing Law With Parkinson's Disease
This Parkinson’s Awareness Month, Adam Siegler at Greenberg Traurig discusses his experience working as a lawyer with Parkinson’s disease, sharing both lessons on how to cope with a diagnosis and advice for supporting colleagues who live with the disease.
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Series
Playing Hockey Makes Me A Better Lawyer
Nearly a lifetime of playing hockey taught me the importance of avoiding burnout in all aspects of life, and the game ultimately ended up providing me with the balance I needed to maintain success in my legal career, says John Riccione at Taft.
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For Lawyers, Pessimism Should Be A Job Skill, Not A Life Skill
A pessimistic mindset allows attorneys to be effective advocates for their clients, but it can come with serious costs for their personal well-being, so it’s crucial to exercise strategies that produce flexible optimism and connect lawyers with their core values, says Krista Larson at Stinson.
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Opinion
Requiring Leave To File Amicus Briefs Is A Bad Idea
A proposal to amend the Federal Rules of Appellate Procedure that would require parties to get court permission before filing federal amicus briefs would eliminate the long-standing practice of consent filing and thereby make the process less open and democratic, says Lawrence Ebner at the Atlantic Legal Foundation and DRI Center.
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4 Ways To Motivate Junior Attorneys To Bring Their Best
As Gen Z and younger millennial attorneys increasingly express dissatisfaction with their work and head for the exits, the lawyers who manage them must understand and attend to their needs and priorities to boost engagement and increase retention, says Stacey Schwartz at Katten.
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Series
Serving As A Sheriff's Deputy Made Me A Better Lawyer
Skills developed during my work as a reserve deputy — where there was a need to always be prepared, decisive and articulate — transferred to my practice as an intellectual property litigator, and my experience taught me that clients often appreciate and relate to the desire to participate in extracurricular activities, says Michael Friedland at Friedland Cianfrani.
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Bid Protest Spotlight: Nonprecedential, Unreasonable, Scope
James Tucker at MoFo examines three recent decisions showing that while the results of past competitions may inform bid strategy, they are not determinative; that an agency's award may be deemed unreasonable if it ignores available information; and that a protester may be right about an awardee's noncompliance but still lose.
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Fears About The End Of Chevron Deference Are Overblown
While some are concerned about repercussions if the U.S. Supreme Court brings an end to Chevron deference in the Loper and Relentless cases this term, agencies and attorneys would survive just fine under the doctrines that have already begun to replace it, say Daniel Wolff and Henry Leung at Crowell & Moring.