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Immigration
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October 10, 2024
Sanctioned Afghan Officials Drop Suit For Treasury's Review
Two former Afghan lawmakers withdrew their lawsuit challenging the financial and immigration restrictions they face in the U.S., while the U.S. Department of Treasury considers a request to remove the sanctions.
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October 09, 2024
Marine In Afghan Baby Kidnapping Suit Won't Be Discharged
A U.S. Marine attorney accused of kidnapping an Afghan child has reportedly avoided getting booted from the military despite a Marine Corps panel on Tuesday finding he engaged in conduct unbecoming of an officer in his fight over the child.
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October 09, 2024
Settlement Approved For DACA Loan Discrimination Suit
A California federal judge gave the green light to a settlement that will end a proposed class action accusing First Tech Federal Credit Union of denying home loans to recipients of the Deferred Action for Childhood Arrivals program.
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October 09, 2024
Yale Must Answer Ex-Student's 'Execution' Fears, Judge Says
A judge has ordered Yale University to respond to an expelled student's fears of execution if he is deported to Afghanistan as she mulls lifting a ban on naming a classmate who accused the ex-student of sexual assault in litigation connected to a key Title IX ruling.
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October 09, 2024
Staffing Biz Deemed A Contractor Can't Get H-2B Workers
A U.S. Department of Labor appeals board rejected a Florida staffing agency's bid to hire 15 food "batchmakers" through the H-2B visa program, ruling on Wednesday that the company failed to provide enough evidence that it's not a contractor.
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October 09, 2024
Constangy Appoints Additional Immigration Leadership
Labor and employment boutique Constangy said Wednesday that a North Carolina partner is stepping up to co-chair the firm's immigration practice group.
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October 09, 2024
DOL Fines Farm Labor Contractor, Bars It From H-2A Program
A farm labor contractor based in Washington state will pay more than $252,000 and be barred from participating in the H-2A temporary worker program for three years after underpaying workers and putting their safety at risk, the U.S. Department of Labor announced.
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October 08, 2024
Texas AG Says USCIS Must Hand Over Voter Citizenship Data
Texas is re-upping its demand that U.S. Citizenship and Immigration Services turn over any information it has regarding the citizenship status of nearly half a million people the state believes might be illegally registered to vote.
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October 08, 2024
Jackson, Kagan Target Loper Bright In Ghost Gun Case
U.S. Supreme Court Justice Ketanji Brown Jackson was uncharacteristically quiet during initial arguments Tuesday over the federal government's authority to regulate ghost guns. While her colleagues debated whether kits of unassembled parts qualify as firearms, she waited patiently to post a different question: Can courts now toss agency interpretations they don't like?
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October 08, 2024
1st Circ. Says 'Nothing We Can Do' To Help Salvadoran Family
The First Circuit on Monday rejected a petition for asylum from a Salvadoran family fleeing MS-13 gang violence, acknowledging that the issue is "rampant" in the Central American country but saying their hands are tied from helping the petitioners.
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October 08, 2024
9th Circ. Says Mexican Family Was Persecuted By Cartel Violence
A Mexican mother and daughter will get another shot at asylum after the Ninth Circuit ruled on Tuesday that the Board of Immigration Appeals wrongly determined that cartel violence, including kidnapping, physical assault and murder, isn't persecution.
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October 08, 2024
Contractors Tell 5th Circ. They Belong In Border Wall Suit
Border wall construction firms urged the Fifth Circuit to insert them into Texas' suit challenging the Biden administration's border wall spending plan, saying they were barred from the case even though it threatens their financial rights under their old contracts.
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October 07, 2024
Trump Primed To Withstand Immigration Litigation If He Wins
Republican presidential nominee Donald Trump is poised to go full throttle on a restrictive immigration agenda should he win in November, with new federal court precedent more favorable to backing his policies the second time around.
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October 07, 2024
9th Circ. Revives Asylum App Denied Over Alleged Plagiarism
The Ninth Circuit revived an asylum application from an Indian national allegedly persecuted for his membership in a Sikh separatist political party, saying an immigration judge incorrectly denied the application based on its general similarities with other Indian nationals' asylum applications.
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October 07, 2024
Fabricator's New Work Site Can't Justify H-2B Bid, Judge Says
A California-based fabricator couldn't convince the U.S. Department of Labor that a contract in a new location warranted hiring foreign welders and fitters, with an agency judge finding little in the contract that distinguished the job from the company's regular business.
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October 07, 2024
Court Punts Case Over Trump's 'Eating The Dogs' Comments
An Ohio county prosecutor is better suited than a court to decide if criminal charges are warranted against Donald Trump and vice presidential candidate JD Vance for allegedly fueling harassment, including bomb threats, against Haitian migrants, an Ohio court has ruled.
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October 07, 2024
High Court Skips On Challenge Of Fair Housing Claims Limits
The U.S. Supreme Court said Monday that it will not probe the Fourth Circuit's January decision unwinding a summary judgment win for a manufactured-home park in a suit from immigrant families challenging a policy requiring residents to show proof of legal residency.
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October 07, 2024
Justices Spurn 'Chicken-And-Egg' Green Card Process
The U.S. Supreme Court on Monday said it won't review a Ninth Circuit decision finding that the federal government had wide latitude to consider the availability of employment-based visas before approving green card applications.
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October 04, 2024
Top 5 Supreme Court Cases To Watch This Fall
The U.S. Supreme Court will hear several cases in its October 2024 term that could further refine the new administrative law landscape, establish constitutional rights to gender-affirming care for transgender minors and affect how the federal government regulates water, air and weapons. Here, Law360 looks at five of the most important cases on the Supreme Court's docket so far.
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October 04, 2024
Jury Finds Cognizant Biased Against Non-Indian Workers
A California federal jury found Friday that Cognizant Technologies engaged in a "pattern or practice" of intentional discrimination against a class of non-South Asian and non-Indian employees who were terminated, setting the stage for a second phase that will determine damages against the IT giant.
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October 04, 2024
Harris, If Elected, Expected To Address Root Migration Causes
Vice President Kamala Harris has made clear she will make border security and asylum curbs a prominent part of her immigration agenda, and her experience working on the root causes of migration could bolster efforts to suppress migration.
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October 04, 2024
US Defends Decision Denying H-1B Visa Relocation Request
The U.S. government is urging a California federal judge to throw out claims from a company that sells software to cannabis businesses alleging that U.S. Citizenship and Immigration Services arbitrarily denied an H-1B visa worker's relocation request, saying the government was required to determine if the work would violate federal law.
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October 04, 2024
EB-5 Partner Accuses NC Atty Of Aiding Investor Coup
A company created to protect an investment project supporting green card applications for Chinese nationals accused a North Carolina attorney in state court of helping shareholders try to place the company into receivership and take control of a $30 million fund.
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October 04, 2024
NY Immigration Boutique Buys Retiring Pro's Firm
New York immigration boutique Cyrus D. Mehta & Partners LLC has bought the decades-old Claudia Slovinsky & Associates PLLC from its retiring owner and founder.
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October 03, 2024
Cognizant Worker Transfers From India Declining, Jury Told
Cognizant Technologies rested its defense Thursday of class action claims that it is biased toward Indian workers after a company executive testified that the number of employee transfers from India to the U.S. has steadily decreased since 2014, bringing to a close live testimony in the racially charged retrial.
Expert Analysis
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Lean Into The 'Great Restoration' To Retain Legal Talent
As the “great resignation,” in which employees voluntarily left their jobs in droves, has largely dissipated, legal employers should now work toward the idea of a “great restoration,” adopting strategies to effectively hire, onboard and retain top legal talent, says Molly McGrath at Hiring & Empowering Solutions.
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Series
Fishing Makes Me A Better Lawyer
Atop the list of ways fishing makes me a better lawyer is the relief it offers from the chronic stress of a demanding caseload, but it has also improved my listening skills and patience, and has served as an exceptional setting for building earnest relationships, says Steven DeGeorge at Robinson Bradshaw.
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A Healthier Legal Industry Starts With Emotional Intelligence
The legal profession has long been plagued by high rates of mental health issues, in part due to attorneys’ early training and broader societal stereotypes — but developing one’s emotional intelligence is one way to foster positive change, collectively and individually, says attorney Esperanza Franco.
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To Make Your Legal Writing Clear, Emulate A Master Chef
To deliver clear and effective written advocacy, lawyers should follow the model of a fine dining chef — seasoning a foundation of pure facts with punchy descriptors, spicing it up with analogies, refining the recipe and trimming the fat — thus catering to a sophisticated audience of decision-makers, says Reuben Guttman at Guttman Buschner.
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Circuit Judge Writes An Opinion, AI Helps: What Now?
Last week's Eleventh Circuit opinion in Snell v. United Specialty Insurance, notable for a concurrence outlining the use of artificial intelligence to evaluate a term's common meaning, is hopefully the first step toward developing a coherent basis for the judiciary's generative AI use, says David Zaslowsky at Baker McKenzie.
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Perspectives
Trauma-Informed Legal Approaches For Pro Bono Attorneys
As National Trauma Awareness Month ends, pro bono attorneys should nevertheless continue to acknowledge the mental and physical effects of trauma, allowing them to better represent clients, and protect themselves from compassion fatigue and burnout, say Katherine Cronin at Stinson and Katharine Manning at Blackbird.
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Series
Playing Music Makes Me A Better Lawyer
My deep and passionate involvement in playing, writing and producing music equipped me with skills — like creativity, improvisation and problem-solving — that contribute to the success of my legal career, says attorney Kenneth Greene.
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How Attys Can Avoid Pitfalls When Withdrawing From A Case
The Trump campaign's recent scuffle over its bid to replace its counsel in a pregnancy retaliation suit offers a chance to remind attorneys that many troubles inherent in withdrawing from a case can be mitigated or entirely avoided by communicating with clients openly and frequently, says Christopher Konneker at Orsinger Nelson.
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Using A Children's Book Approach In Firm Marketing Content
From “The Giving Tree” to “Where the Wild Things Are,” most children’s books are easy to remember because they use simple words and numbers to tell stories with a human impact — a formula law firms should emulate in their marketing content to stay front of mind for potential clients, says Seema Desai Maglio at The Found Word.
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Series
Being An EMT Makes Me A Better Lawyer
While some of my experiences as an emergency medical technician have been unusually painful and searing, the skills I’ve learned — such as triage, empathy and preparedness — are just as useful in my work as a restructuring lawyer, says Marshall Huebner at Davis Polk.
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Mitigating Incarceration's Impacts On Foreign Nationals
Sentencing arguments that highlighted the disparate impact incarceration would have on a British national recently sentenced for insider training by a New York district court, when compared to similarly situated U.S. citizens, provide an example of the advocacy needed to avoid or mitigate problems unique to noncitizen defendants, say attorneys at Lankler Siffert.
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Exploring An Alternative Model Of Litigation Finance
A new model of litigation finance, most aptly described as insurance-backed litigation funding, differs from traditional funding in two key ways, and the process of securing it involves three primary steps, say Bob Koneck, Christopher Le Neve Foster and Richard Butters at Atlantic Global Risk LLC.
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Series
Teaching Yoga Makes Me A Better Lawyer
Being a yoga instructor has helped me develop my confidence and authenticity, as well as stress management and people skills — all of which have crossed over into my career as an attorney, says Laura Gongaware at Clyde & Co.
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A Vision For Economic Clerkships In The Legal System
As courts handle increasingly complex damages analyses involving vast amounts of data, an economic clerkship program — integrating early-career economists into the judicial system — could improve legal outcomes and provide essential training to clerks, say Mona Birjandi at Data for Decisions and Matt Farber at Secretariat.
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E-Discovery Quarterly: Recent Rulings On Text Message Data
Electronically stored information on cellphones, and in particular text messages, can present unique litigation challenges, and recent court decisions demonstrate that counsel must carefully balance what data should be preserved, collected, reviewed and produced, say attorneys at Sidley.