Expert Analysis

• The Deep Split Over Mandatory Detention, And What's Next

  

  The government’s mandatory detention policy for noncitizens who entered the U.S. without inspection has led to a spate of decisions this year, with nine circuits rejecting the government's reading of the Immigration and Nationality Act against two that have accepted it, making the issue ripe for U.S. Supreme Court review, says attorney Kemal Hepsen.

• Attorneys Using AI May Have Ethical Duty To Redact Docs

  

  The trajectory of legal ethics guidance in recent years strongly suggests that as redaction technology becomes more accessible, the failure to use it when uploading highly confidential materials into artificial intelligence tools will become increasingly difficult to defend as reasonable, say attorneys at Lewis Brisbois.

• OpenAI Deal Highlights AI Hiring Risks In PERM Process

  

  The U.S. Department of Justice's recent settlement of allegations that OpenAI discriminated against U.S. applicants for positions connected to the permanent labor certification process underscores that employers providing or using artificial intelligence must align their recruitment practices with their overlapping compliance obligations, say attorneys at Duane Morris.

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  Juggling And Unicycling Make Me A Better Lawyer

  

  Because I juggle (sometimes with fire) and ride the unicycle, friends and family used to joke that I should join the circus, but I pursued the practice of law instead and learned that my hobbies benefit my profession in several important ways, says Morgan Eddy at Smith Currie.

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  Ballet Makes Me A Better Lawyer

  

  A lifetime of learning and performing ballet taught me that success — whether in dance or practicing law — comes only through hours of thorough preparation, boundless energy and relentless effort, says Sharon Katz-Pearlman at Greenberg Traurig.

• BIA Ruling Calls For Analyzing Advance Parole Travel's Risks

  

  The Board of Immigration Appeals’ recent policy reversal, holding that a temporary trip abroad pursuant to advance parole counts as a departure under the Immigration and Nationality Act, means counsel should assess their clients' immigration history and potential risks of travel before they depart, says attorney Richard Herman.

• New F-1 Rule Will Cloud Day 1 Practical Training Backup Plans

  

  A new F-1 visa rule scheduled to take effect Sept. 15 could significantly affect employers of international students by replacing duration of status with fixed admission periods and making curricular practical training a less predictable retention option, says Dillon Colucci at Greenberg Traurig.

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  Taekwondo Makes Me A Better Lawyer

  

  Taekwondo has taught me to recognize when to fight for a position and when to focus on finding a solution, and that the best outcomes are often achieved by solving problems — all of which has improved my work as a bankruptcy lawyer, mediator and Subchapter V trustee, says Amy Denton Mayer at Berger Singerman.

• Where DOJ's Fraud Priorities Memo May Actually Matter

  

  The U.S. Department of Justice’s recently released memo outlining priorities for its newly created fraud division will shape how cases are identified, staffed and sequenced, meaning white collar defense work must begin earlier, say David Tarras at Tarras Defense and Trevor Jones at Dynamis.

• What To Know As Legal Duty To Consider AI Takes Shape

  

  While the U.K. Jurisdiction Taskforce’s recent statement on liability for artificial intelligence harms is nonbinding for both U.K. and U.S. lawyers, it highlights the importance of being able to distinguish between the availability of a tool and a professional obligation to use it, say Jonny Frank and Michael Costa at StoneTurn.

• Parsing Gov't Scrutiny Of Lending To Unauthorized Workers

  

  Attorneys at Mayer Brown explain guidance recently issued by three banking regulators that addresses risks associated with lending to so-called non-work authorized individuals and discuss what the regulatory update could mean for fintech companies.

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  Being In A Band Made Me A Better Lawyer

  

  Playing shows in storied New York City venues and rehearsing with my bandmates in poorly ventilated rooms helped develop the professional qualities I rely on as a litigator, including an ability to collaborate with strong-minded equals and the determination to treat each client with singular focus, says Eliad Shapiro at Herrick Feinstein.

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  Law School's Missed Lessons: Surviving A Long Trial

  

  Most of law school trial advocacy is geared toward the sprint of trying a short case, but beyond managing a cross-examination or closing argument, effectively handling the marathon of a lengthy trial requires the ability to maintain composure, organization and credibility with the jury, says Mihir Elchuri at Hirschler.

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  Going To Hardcore Shows Makes Me A Better Lawyer

  

  While government contracts law and the hardcore scene may seem entirely unrelated, in my experience, both are about community, focus, being prepared for the unexpected and managing chaos, says Isaac Natter at Fluet.

• Opinion

  Birthright Citizenship Dissents Belie Originalist Interpretation

  

  The three dissents in the U.S. Supreme Court's recent birthright citizenship decision clashed with originalist readings of the Constitution, applying the 14th Amendment more narrowly than its drafters, and by applying contemporary and living document approaches to constitutional interpretation, says Ediberto Roman at Florida International University.