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Immigration
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May 07, 2024
9th Circ. Revives Removal Fight Over Justices' Notice Ruling
A Honduran woman who received a notice to appear in immigration court without a time specified can resume fighting her deportation after the Ninth Circuit leaned on a U.S. Supreme Court ruling requiring all court hearing information to be on a single document.
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May 07, 2024
Fisher Phillips Adds Ex-Lyons HR GC To Employment Group
Employer-side labor and employment law firm Fisher Phillips has brought on the former general counsel and senior vice president of human resources for professional employer organization Lyons HR to its Atlanta office, strengthening its professional employer organization and staffing practice.
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May 06, 2024
13 Judges Boycott Columbia Clerks Over Protest Response
A group of 13 federal judges told Columbia University's president Monday they won't hire students who attend the university or its law school as clerks, calling it an "incubator of bigotry" for its handling of student protests over the Israeli-Palestinian conflict, according to a copy of their letter that U.S. District Judge Alan Albright shared with Law360.
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May 06, 2024
Experts Predict Legal Immigration Curbs If Trump Wins Again
Immigration experts warned Monday that the prospect of another Trump presidency may see limits introduced on legal immigration pathways, in part by curbing some temporary foreign worker programs and suspending immigration processing in excessively backlogged categories.
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May 06, 2024
DACA Recipient Sues Calif. Credit Union For Loan Rejection
A Los Angeles-area credit union is the latest lender to be hit with a proposed class action alleging it discriminates against recipients of the Deferred Action for Childhood Arrivals program by denying their loan applications based on immigration status.
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May 06, 2024
GEO Urges Fast End To State Law On Immigration Inspections
GEO Group Inc. has told a Washington state federal judge that a state law allowing surprise inspections at private immigration detention centers so clearly targets its operations that the court should permanently bar the law now, instead of letting its defense continue.
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May 06, 2024
Foreign Grads Settle Suit Against DHS Over Visa Denials
Dozens of foreign college graduates have settled their suit in Washington federal court accusing the U.S. Department of Homeland Security of treating them as accomplices in an alleged visa scam without letting them respond to the allegations, saying DHS has withdrawn its fraud findings relating to the plaintiffs.
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May 06, 2024
Judge Backs H-2B Visa Rejection For Missing Trucking Routes
A U.S. Department of Labor official was not wrong to reject a trucking company's application to hire foreign long-haul truckers because the company failed to provide detailed routes for the drivers, an agency judge said.
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May 03, 2024
Gen AI Shows Promise — And Peril — For Pro Se Litigants
Research on the capabilities of generative AI tools to help self-represented people has shown potential, but there is broad disagreement about how and when pro se litigants should be using them alone.
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May 03, 2024
GOP Sens. Warn Biden Against Accepting Gazan Refugees
A group of 35 Republican U.S. senators warned President Joe Biden not to move forward with reported plans to accept refugees from Gaza, expressing doubts about being able to adequately vet individuals for terrorist ties to Hamas.
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May 03, 2024
NY Judge Urged To Detain Chinese Tycoon Who Owes $500M
A trio of Chinese investors have urged a New York federal judge to prevent a Chinese cinema magnate from being deported, saying he will otherwise skip town without paying more than $500 million in arbitral awards and nearly $164,000 in attorney fees.
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May 03, 2024
Brothers Accuse Cos. Of Mishandling $1.1M EB-5 Investments
Two brothers from India sued companies behind a combination residential-resort project they invested in under the EB-5 investor visa program, telling a Florida federal court that their green card petitions were denied because the companies mishandled their $1.1 million investment.
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May 03, 2024
HHS Finalizes Rule To Expand Health Coverage For Dreamers
Immigrants brought to the U.S. as children without authorization will no longer be excluded from federal health insurance programs, under a new regulation finalized Friday that will permit enrollment through Affordable Care Act exchanges.
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May 02, 2024
DHS App Exposing Migrants To Cartel Violence, Report Says
The Biden administration's use of a smartphone app to process asylum seekers at the southern border has become all but mandatory, stranding many migrants in Mexico and leaving them exposed to cartel violence, Human Rights Watch said.
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May 02, 2024
NYC Wants To Bill For 'Weaponized Transport' Of Migrants
A lawyer for New York City told a state court judge Thursday that Texas bus companies should cover the costs of caring for migrants transported there amid litigation over Gov. Greg Abbott's "budget-breaking scheme" to influence immigration policy.
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May 02, 2024
Poultry Cos. To Pay $5.1M Settling OT, Child Labor Violations
A network of California poultry processors will pay over $5 million to settle a U.S. Department of Labor lawsuit in federal court after an agency investigation found the processors employed children to debone poultry and failed to pay over 475 workers overtime.
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May 02, 2024
Immigrant Bond Co. Buyer Wants In On $811M Fine Appeal
Libre Immigration Services has moved to intervene at the Fourth Circuit to fight an $811 million judgment against companies it recently acquired that the Consumer Financial Protection Bureau sued over abusive immigrant bonding practices.
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May 02, 2024
Rules Against Judge Shopping Move Forward At Fed Agency
Federal appellate courts should review most government agency actions, and cases involving those actions that wind up in district courts should be subject to district-wide assignment to avoid judge shopping, according to recommendations approved Thursday by a committee of the federal agency charged with improving government rulemaking.
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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.
Expert Analysis
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Using International Arb. To Settle Cannabis Industry Disputes
As cannabis legalization continues in the U.S. and other countries, overseas investors and business owners should consider international arbitration for dispute resolution and assess the enforceability of relevant treaties and arbitration provisions, says Ramsey Schultz at Duane Morris.
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Do Videoconferences Establish Jurisdiction With Defendants?
What it means to have minimum contacts in a foreign jurisdiction is changing as people become more accustomed to meeting via video, and defendants’ participation in videoconferencing may be used as a sword or a shield in courts’ personal jurisdiction analysis, says Patrick Hickey at Moye White.
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Opinion
Humanism Should Replace Formalism In The Courts
The worrying tendency for judges to say "it's just the law talking, not me" in American decision writing has coincided with an historic decline in respect for the courts, but this trend can be reversed if courts develop understandable legal standards and justify them in human terms, says Connecticut Superior Court Judge Thomas Moukawsher.
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Employment-Related Litigation Risks Facing Hospitality Cos.
A close look at recent hospitality industry employment claims highlights key issues companies should keep an eye out for, and insurance policy considerations for managing risk related to wage and hour, privacy, and human trafficking claims, say Jan Larson and Huiyi Chen at Jenner & Block.
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Don't Let Client Demands Erode Law Firm Autonomy
As clients increasingly impose requirements for attorney hiring and retention related to diversity and secondment, law firms must remember their ethical duties, as well as broader issues of lawyer development, culture and firm integrity, to maintain their independence while meaningfully responding to social changes, says Deborah Winokur at Cozen O'Connor.
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Opinion
Federal Judge's Amici Invitation Is A Good Idea, With Caveats
An Arkansas federal judge’s recent order — inviting amicus briefs in every civil case before him — has merit, but its implementation may raise practical questions about the role of junior attorneys, economic considerations and other issues, says Lawrence Ebner at the Atlantic Legal Foundation.
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Fox Ex-Producer Case Is A Lesson In Joint Representation
A former Fox News producer's allegations that the network's lawyers pressured her to give misleading testimony in Fox's defamation battle with Dominion Voting Systems should remind lawyers representing a nonparty witness that the rules of joint representation apply, says Jared Marx at HWG.
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Tips For Establishing Associational Standing
Based on recent D.C. Circuit decisions, it's no longer a foregone conclusion that trade associations and other coalitions can demonstrate standing to challenge agency actions simply by asserting their members are affected, but additional efforts to explain how members meet the standing requirements can make a difference, say attorneys at Crowell & Moring.
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Opinion
Stanford Law Protest Highlights Rise Of Incivility In Discourse
The recent Stanford Law School incident, where students disrupted a speech by U.S. Circuit Judge Kyle Duncan, should be a reminder to teach law students how to be effective advocates without endangering physical and mental health, says Nancy Rapoport at the University of Nevada.
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Dispute Prevention Strategies To Halt Strife Before It Starts
With geopolitical turbulence presenting increased risks of business disputes amid court backlogs and ballooning costs, companies should consider building mechanisms for dispute prevention into newly established partnerships to constructively resolve conflicts before they do costly damage, say Ellen Waldman and Allen Waxman at the International Institute for Conflict Prevention and Resolution.
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Practical Skills Young Attorneys Must Master To Be Happier
For young lawyers, finding happiness on the job — with its competitive nature and high expectations for billable hours — is complicated, but three skills can help them gain confidence, reduce stress and demonstrate their professional value in ways they never imagined, says career counselor Susan Smith Blakely.
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ABA Opinion Should Help Clarify Which Ethics Rules Apply
A recent American Bar Association opinion provides key guidance on interpreting ABA Model Rule 8.5's notoriously complex choice-of-law analysis — and should help lawyers authorized to practice in multiple jurisdictions determine which jurisdiction's ethics rules govern their conduct, say attorneys at HWG.
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4 Ways To Reboot Your Firm's Stalled Diversity Program
Law firms that have failed to see real progress despite years of diversity initiatives can move forward by committing to tackle four often-taboo obstacles that hinder diversity, equity and inclusion efforts, says Steph Maher at Jaffe.
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DOJ's Google Sanctions Motion Shows Risks Of Auto-Deletion
The U.S. Department of Justice recently hit Google with a sanctions motion over its alleged failure to preserve relevant instant-messaging communications, a predicament that should be a wake-up call for counsel concerning the danger associated with automatic-deletion features and how it's been handled by the courts, say Oscar Shine and Emma Ashe at Selendy Gay.
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What To Expect From A Litigation Finance Industry Recession
There's little data on how litigation finance would fare in a recession, but a look at stakeholders' incentives suggests corporate demand for litigation finance would increase in a recessionary environment, while the number of funders could shrink, says Matthew Oxman at LexShares.