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Immigration
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May 02, 2024
Atty Facing Gag Order Bid Says He's Not 'Ambulance-Chasing'
Tyrone Blackburn, the attorney for two men suing Fox Rothschild LLP for malpractice, has hit back at the firm after it called attention to a recent ruling referring him to a grievance committee, saying he is "not an ambulance-chasing attorney who lives in front of a camera."
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May 01, 2024
Ex-State Dept. Adviser To Co-Lead Klasko's Investor Visa Team
A former U.S. Department of State attorney-adviser has left government service to co-lead Klasko Immigration Law Partners' EB-5 regional center and developer practice, the firm recently announced.
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May 01, 2024
6th Circ. Says Precedent Revives Salvadoran's Removal Fight
The Board of Immigration Appeals misread precedent in finding that a Salvadoran man convicted of a misdemeanor under a Tennessee domestic violence law is barred from canceling his removal based on a disqualifying crime of violence, the Sixth Circuit has ruled.
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May 01, 2024
DOL Announces $6.5M For Seasonal Farmworker Housing
The U.S. Department of Labor on Wednesday said it will make $6.5 million in grants available to organizations working to improve housing conditions for seasonal and migrant farmworkers and their dependents.
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May 01, 2024
Senior Living Company Resolves Asylee Hiring Bias Claims
A senior living facility operator has agreed to settle allegations that it unlawfully discriminated against a worker in the U.S. on asylum by demanding that the worker present specific documents to prove that she could work, the U.S. Department of Justice announced Tuesday.
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May 01, 2024
Meta's Privacy Fight With FTC Paused For High Court Ruling
The D.C. Circuit has pressed pause on Meta's bid to block the Federal Trade Commission from pursuing modifications to the parties' $5 billion privacy settlement to await the U.S. Supreme Court's decision in a case challenging the U.S. Securities and Exchange Commission's in-house courts.
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April 30, 2024
Chicago Wants Help Probing Migrant-Moving Bus Companies
Chicago is asking for an Illinois state court's help to enforce subpoenas the city says it issued to learn more about illegal migrant transportation services several bus companies have provided for the state of Texas, saying the companies have ignored its information requests.
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April 30, 2024
Migrant Families, Biden Admin Settle Separation Suit
The Biden administration has inked deals resolving two lawsuits from migrant parents who claim to be experiencing lasting emotional damage after being separated from their children under a Trump-era policy.
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April 30, 2024
Wash. Fights GEO's Bid For Final End To ICE Detention Law
The state of Washington pushed back against GEO Group's effort to scrap its law allowing surprise inspections and raising hygiene standards at immigration detention facilities, saying the private prison operator is already partly shielded from enforcement of the law while a Washington federal court considers its constitutional challenge.
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April 30, 2024
Foreign Farmworker Protection Rule Could Frustrate Hiring
A new U.S. Department of Labor regulation boosting labor protections for H-2A visa workers has industry experts worried that it could frustrate a common practice of sharing employees within the agricultural industry, and pose hiring challenges for farmers and ranchers.
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April 30, 2024
Dinsmore Immigration Duo Jumps To Thompson Hine
Former Dinsmore & Shohl LLP immigration attorneys Kelli Hayes and Dwight D. Myfelt have joined Thompson Hine LLP's offices in Ohio, where the firm says they'll help advise clients hiring skilled immigrants for growing sectors of the state.
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April 30, 2024
Sens. Want Clarity On Foreign College Athletes' NIL Rights
Lawmakers on Monday pressed the Biden administration for guidance on the ability of foreign-born college athletes to earn money through advertisements and publicity deals, stressing that imprecise visa rules have confused the athletes.
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April 29, 2024
Co. Can't Use Nonlegal Names To File Multiple H-2B Apps
A U.S. Department of Labor judge refused to revive a company's denied bid for H-2B workers, saying that the company and an affiliate were unlawfully trying to hire foreign workers for the same job opportunity under two different names.
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April 29, 2024
Biden Admin's Border Wall Plan Must Be Vacated, Court Told
Texas and Missouri again urged a federal judge Monday to vacate the Biden administration's plan to redirect congressional funding for a southern U.S. border wall as the White House pushed back, saying it would be an overreach to eliminate its directive.
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April 29, 2024
Calif. Judge OKs $1M Deal In Strawberry Pickers' Wage Suit
A California federal court gave the first sign-off to a $1 million deal that would end hundreds of strawberry pickers' claims that they were forced to work at unsafe speeds for allegedly little pay.
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April 29, 2024
No Need To Delay $811M Immigrant Bond Co. Fine, CFPB Says
The Consumer Financial Protection Bureau told a Virginia federal judge that there is no need to hold off fining a bonding company $811 million for predatory bonding practices, saying the company's fear of collapse is mooted by a recent sale.
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April 29, 2024
Immigration Firm BAL Lands 21 Attys From Seyfarth
Immigration firm Berry Appleman & Leiden LLP is set to welcome about 90 legal professionals — including 21 attorneys — from Seyfarth Shaw LLP this summer and will open a new office in Atlanta as part of the expansion, the firm said Monday.
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April 29, 2024
Justices To Scrutinize Revoked Visa Petition
The U.S. Supreme Court agreed Monday to examine an Eleventh Circuit decision that federal courts lack authority to review the revocation of a previously approved visa petition for a Palestinian man whose marriage was found to fraudulently skirt immigration laws.
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April 26, 2024
Law360 Reveals Titans Of The Plaintiffs Bar
In the past year, plaintiffs have won settlements and judgments for millions and billions of dollars from companies such as Wells Fargo, Goldman Sachs, Facebook and Fox News, with many high-profile cases finally wrapping up after years of fighting. Such cases — involving over-the-top compensation packages, chemical contamination, gender discrimination and data mining — were led by attorneys whose accomplishments earned them recognition as Law360's Titans of the Plaintiffs Bar for 2024.
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April 26, 2024
DOL Solidifies H-2A Protections For Foreign Farmworkers
Foreign farmworkers working in the U.S. under the H-2A temporary visa program will now have enhanced protections to advocate for better working conditions without fear of retaliation under a final U.S. Department of Labor rule unveiled Friday.
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April 26, 2024
Judge Made Right Call To Save DHS Parole Program, Feds Say
The Biden administration has assured a Texas federal judge that he made the right call tossing a lawsuit that Republican-led states launched challenging a parole program for Cubans, Haitians, Nicaraguans and Venezuelans, saying evidence showed that the program didn't financially harm the states.
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April 26, 2024
Thomas' Long Quest To Undo A 'Grave Constitutional Error'
A quarter-century after Justice Clarence Thomas cast a pivotal vote against jury trial rights and rapidly regretted it, his relentless campaign to undo the controversial precedent is suddenly center stage with a serious shot at succeeding, as judges and lawyers increasingly deem the decision dubious and the U.S. Supreme Court chips away at its edges.
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April 26, 2024
11th Circ. Finds No Anti-Black Juror Bias In Murder Trial
The Eleventh Circuit has denied a new trial to a Mexican man arguing prosecutors used all but one of their peremptory strikes to exclude potential jurors who were Black or Hispanic at the trial in Georgia where he was sentenced to life in prison for murdering a whistleblower connected to his work.
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April 26, 2024
Texas Must Face Feds' Suit Over Anti-Migrant Buoy Barrier
A Texas federal judge will allow the Biden administration's lawsuit to proceed over Texas' 1,000-foot barrier in the Rio Grande to keep out migrants, ruling Friday that the administration had plausibly alleged its domain over structures in navigable waters.
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April 26, 2024
Mass. Justices Dash Deported Man's Hope For Remote Retrial
Massachusetts' high court ruled Friday that a man deported to the Dominican Republic cannot appear remotely for his retrial on charges that the justices previously vacated, citing court rules.
Expert Analysis
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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.
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Former Minn. Chief Justice Instructs On Writing Better Briefs
Former Minnesota Supreme Court Chief Justice Lorie Gildea, now at Greenberg Traurig, offers strategies on writing more effective appellate briefs from her time on the bench.
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Stay Interviews Are Key To Retaining Legal Talent
Even as the economy shifts and layoffs continue, law firms still want to retain their top attorneys, and so-called stay interviews — informal conversations with employees to identify potential issues before they lead to turnover — can be a crucial tool for improving retention and morale, say Tina Cohen Nicol and Kate Reder Sheikh at Major Lindsey.
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Opinion
Expanded Detention Will Not Solve Immigration Challenges
The recently defeated bipartisan border package included provisions that would increase funding for detention, a costly distraction from reforms like improved adjudication and legal representation that could address legitimate economic and public safety concerns at much lower cost, say Alexandra Dufresne and Kyle Wolf at Cornell University.
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Series
Spray Painting Makes Me A Better Lawyer
My experiences as an abstract spray paint artist have made me a better litigator, demonstrating — in more ways than one — how fluidity and flexibility are necessary parts of a successful legal practice, says Erick Sandlin at Bracewell.
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Opinion
Judicial Independence Is Imperative This Election Year
As the next election nears, the judges involved in the upcoming trials against former President Donald Trump increasingly face political pressures and threats of violence — revealing the urgent need to safeguard judicial independence and uphold the rule of law, says Benes Aldana at the National Judicial College.
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How Harsher Penalties For AI Crimes May Work In Practice
With recent pronouncements from the U.S. Department of Justice that prosecutors may seek sentencing enhancements for crimes committed using artificial intelligence, defense counsel should understand how the sentencing guidelines and statutory factors will come into play, says Jennie VonCannon at Crowell & Moring.
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Series
Riding My Peloton Bike Makes Me A Better Lawyer
Using the Peloton platform for cycling, running, rowing and more taught me that fostering a mind-body connection will not only benefit you physically and emotionally, but also inspire stamina, focus, discipline and empathy in your legal career, says Christopher Ward at Polsinelli.
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Spartan Arbitration Tactics Against Well-Funded Opponents
Like the ancient Spartans who held off a numerically superior Persian army at the Battle of Thermopylae, trial attorneys and clients faced with arbitration against an opponent with a bigger war chest can take a strategic approach to create a pass to victory, say Kostas Katsiris and Benjamin Argyle at Venable.
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What Recent Study Shows About AI's Promise For Legal Tasks
Amid both skepticism and excitement about the promise of generative artificial intelligence in legal contexts, the first randomized controlled trial studying its impact on basic lawyering tasks shows mixed but promising results, and underscores the need for attorneys to proactively engage with AI, says Daniel Schwarcz at University of Minnesota Law School.
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2026 World Cup: Companies Face Labor Challenges And More
Companies sponsoring or otherwise involved with the 2026 FIFA World Cup — hosted jointly by the U.S., Canada and Mexico — should be proactive in preparing to navigate many legal considerations in immigration, labor management and multijurisdictional workforces surrounding the event, say attorneys at Morgan Lewis.