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Immigration
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November 13, 2024
Transport Co. Wants To End Calif. Family Separation Suit
Transportation services provider MVM Inc. urged a California federal judge to toss a proposed class action by a father and son who were separated after crossing the border, arguing Tuesday the Trump-era separation policy was enacted by the U.S. government, and that MVM was simply executing its contractual duties.
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November 13, 2024
Ranches Say Renewed Wage Suppression Suit Still Deficient
The Western Range Association asked a Nevada federal judge to dismiss a revised suit from a sheepherder alleging he was kept in "indentured servitude," arguing that it and its members are a common enterprise incapable of conspiring to fix wages.
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November 13, 2024
Mass. AG Ready To Reprise Office's Role As Trump Foil
Taking a page from her predecessor's book, Massachusetts Attorney General Andrea Joy Campbell told Law360 she is hoping to work with the incoming Trump administration, but the Democrat said she is nevertheless prepared to use her office's "significant tools and power" to challenge actions she feels are at odds with her constituents' interests.
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November 13, 2024
Trump Taps DOJ Critic Matt Gaetz For Attorney General
President-elect Donald Trump on Wednesday nominated Rep. Matt Gaetz to be the next U.S. attorney general, seeking to elevate a close political ally to lead a Justice Department that the Florida lawmaker has sharply criticized and that last year declined to charge him in a sex-trafficking investigation.
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November 13, 2024
New Medical Exams No Longer Needed For Afghan Allies
U.S. Citizenship and Immigration Services said Wednesday that Afghans who arrived as part of Operation Allies Welcome won't need to get new medical exams when they apply for their green cards.
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November 13, 2024
Gibson Dunn 'Titan,' Ex-Solicitor General Theodore Olson Dies
Theodore B. Olson, the founder of Gibson Dunn & Crutcher LLP's appellate and constitutional law practice group and a former U.S. solicitor general, died Wednesday, the law firm announced.
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November 12, 2024
Trump Taps Elon Musk To Head New 'Gov't Efficiency' Dept.
President-elect Donald Trump announced Tuesday that billionaire Elon Musk and former presidential candidate Vivek Ramaswamy will lead a newly created "Department in Government Efficiency" for his administration come January.
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November 12, 2024
Trump Gathers Nat'l Security Team For Border, Defense Roles
President-elect Donald Trump has chosen a slate of loyalists with hawkish approaches toward foreign policy and securing the U.S. border, creating a team of ideologically aligned officials as he seeks to ramp up deportations and end the war in Ukraine. Law360 takes a look at seven of his national security picks and the impact they will have on defense, immigration and foreign relations with rival nations.
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November 12, 2024
Trump Ally Bannon Seeks Delay Of 'We Build The Wall' Trial
Former Trump administration strategist Stephen Bannon on Tuesday sought to delay his criminal trial on New York state charges stemming from an alleged scheme to con donors seeking to fund a southern U.S. border wall, two weeks after he wrapped up his federal prison sentence for contempt of Congress.
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November 12, 2024
Gorsuch Says Feds Fleeing Regs Like Vampire Facing Garlic
U.S. Supreme Court justices on Tuesday rapped the Biden administration's inflexibility on a 60-day deadline for individuals on a self-deportation order, with Justice Neil Gorsuch saying the government is trying to ditch its own regulations like a vampire escaping garlic.
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November 12, 2024
Wash. Labor Dept. Wants Out Of Union's Farm Wage Claims
The Washington Employment Security Department wants to escape a farmworker union's Administrative Procedure Act challenge to the U.S. Department of Labor's prevailing wage rules in federal court, saying that the law isn't applicable to state agencies.
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November 12, 2024
2nd Circ. Wary Of Ex-Yale Student's Bid For Asylum Evidence
A Second Circuit panel on Tuesday seemed skeptical of an emergency bid by an acquitted onetime Yale University student to transmit a trial transcript containing his sexual assault accuser's name to immigration authorities despite a magistrate judge's ban on revealing the woman's identity, hinting that more litigation might be necessary.
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November 12, 2024
Trump's 'Pro-Business' Agenda Could Be A Boon For M&A
President-elect Donald Trump's "pro-business" priorities and an anticipated relaxation of antitrust scrutiny are expected to boost mergers and acquisitions activity, but his tariff plan may have mixed results across sectors — and select deals could be subject to his "unpredictability," attorneys told Law360.
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November 12, 2024
Justice Alito Calls Bid To Unfreeze Spousal Parole Rule Moot
Justice Samuel Alito denied as moot Tuesday an immigrant rights group's bid to withdraw a Texas court order freezing a new program that would have allowed certain noncitizen spouses and stepchildren of U.S. citizens to stay in the United States while applying for legal status.
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November 12, 2024
Justices Won't Review Family's Suit Over Airport Searches
The U.S. Supreme Court declined Tuesday to review the dismissal of a Muslim family's challenge to their possible inclusion on a terrorist watchlist.
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November 08, 2024
NYC's Suit Against Companies Busing Migrants Gets Tossed
A New York state judge on Friday tossed New York City's lawsuit accusing charter bus companies of transporting migrants from Texas without providing them care in violation of a state "pauper statute," saying the law unconstitutionally restricted the right to travel.
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November 08, 2024
Off The Bench: Mo. Betting, NCAA Budges, New Ohtani Drama
In this week's Off The Bench, Missouri becomes the latest state to legalize sports betting, an antitrust class action forces more changes to the NCAA's eligibility rules, and Shohei Ohtani's historic season spurs another memorabilia lawsuit.
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November 08, 2024
Up Next At High Court: Self-Deportation Deadlines & Murder
The U.S. Supreme Court will be closed Monday for Veterans Day, but the justices will return to the bench Tuesday to consider whether a 60-day deadline for immigrants to voluntarily leave the country has a grace period and what evidence is needed to allege securities fraud.
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November 08, 2024
Facts In Emails Aren't Confidential For Deposition, Judge Says
A government contractor implicated in allegations that the U.S. infringed patents for contactless data carriers must turn over portions of a former employee's emails because the correspondence contains facts not protected by attorney-client privilege, the U.S. Court of Federal Claims has ruled.
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November 08, 2024
DOL Board Says Co. Didn't Show Need For Migrant Workers
The Board of Alien Labor Certification Appeals has found an electrical contractor in Colorado needs to show more than just one contract to establish a need for migrant workers, denying the firm's request to hire 25 cable network installers on temporary visas.
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November 08, 2024
Biz Owner Pleads Guilty To CBP Contract Kickback Scheme
A software-testing business owner pled guilty to conspiring to bribe a U.S. Customs and Border Protection official in exchange for government contracts being funneled to his company.
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November 07, 2024
Texas Judge Blocks Biden Administration's Spousal Parole
A Texas federal judge on Thursday held that President Joe Biden's administration didn't have the authority to implement a rule allowing noncitizens and stepchildren of U.S. citizens to stay in the country while they apply for green cards and work permits.
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November 07, 2024
NCAA Lifts Junior Hockey Player Restrictions Amid Litigation
The NCAA announced Thursday that it will allow hockey players who've played in Canada's junior leagues to be eligible to play for U.S. colleges and universities, a massive policy shift that comes in the midst of antitrust litigation accusing the organization of unfairly barring those athletes.
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November 07, 2024
Wash. Gov.-Elect Outlines Plan To Resist Less 'Sloppy' Trump
As Washington attorney general, Bob Ferguson said he thwarted policies during a "sloppy" first Trump presidency, including blocking an immigration travel ban. And on Thursday, Ferguson, who becomes governor in January, said he is leaving an office well-equipped for a potential round two of litigation with an emboldened and potentially more disciplined Trump administration.
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November 07, 2024
Trump's Immigration Plans Could Threaten Economic Security
President-elect Donald Trump is expected to end deportation protections and work authorization for broad swaths of immigrants — moves that would drastically reduce the labor force across essential industries, including construction, agriculture and hospitality.
Expert Analysis
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What NFL Draft Picks Have In Common With Lateral Law Hires
Nearly half of law firm lateral hires leave within a few years — a failure rate that is strikingly similar to the performance of NFL quarterbacks drafted in the first round — in part because evaluators focus too heavily on quantifiable metrics and not enough on a prospect's character traits, says Howard Rosenberg at Baretz+Brunelle.
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Replacing The Stigma Of Menopause With Law Firm Support
A large proportion of the workforce is forced to pull the brakes on their career aspirations because of the taboo surrounding menopause and a lack of consistent support, but law firms can initiate the cultural shift needed by formulating thoughtful workplace policies, says Barbara Hamilton-Bruce at Simmons & Simmons.
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Planning Law Firm Content Calendars: What, When, Where
During the slower month of August, law firms should begin working on their 2025 content calendars, planning out a content creation and distribution framework that aligns with the firm’s objectives and maintains audience engagement throughout the year, says Jessica Kaplan at Legally Penned.
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Series
Playing Golf Makes Me A Better Lawyer
Golf can positively affect your personal and professional life well beyond the final putt, and it’s helped enrich my legal practice by improving my ability to build lasting relationships, study and apply the rules, face adversity with grace, and maintain my mental and physical well-being, says Adam Kelly at Venable.
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Law Firms Should Move From Reactive To Proactive Marketing
Most law firm marketing and business development teams operate in silos, leading to an ad hoc, reactive approach, but shifting to a culture of proactive planning — beginning with comprehensive campaigns — can help firms effectively execute their broader business strategy, says Paul Manuele at PR Manuele Consulting.
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Opinion
The Big Issues A BigLaw Associates' Union Could Address
A BigLaw associates’ union could address a number of issues that have the potential to meaningfully improve working conditions, diversity and attorney well-being — from restructured billable hour requirements to origination credit allocation, return-to-office mandates and more, says Tara Rhoades at The Sanity Plea.
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Opinion
It's Time For A BigLaw Associates' Union
As BigLaw faces a steady stream of criticism about its employment policies and practices, an associates union could effect real change — and it could start with law students organizing around opposition to recent recruiting trends, says Tara Rhoades at The Sanity Plea.
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How Justices Upended The Administrative Procedure Act
In its recent Loper Bright, Corner Post and Jarkesy decisions, the U.S. Supreme Court fundamentally changed the Administrative Procedure Act in ways that undermine Congress and the executive branch, shift power to the judiciary, curtail public and business input, and create great uncertainty, say Alene Taber and Beth Hummer at Hanson Bridgett.
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Haste Is Priority For Participation In New Green Card Program
Immigration practitioners should determine their clients' eligibility under the Biden administration’s new policy to help certain noncitizens, particularly those married to U.S. citizens, to apply for green cards, and do so without delay given uncertainty tied to the upcoming election, says Brad Brigante at Brigante Law.
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Mirror, Mirror On The Wall, Is My Counterclaim Bound To Fall?
A Pennsylvania federal court’s recent dismissal of the defendants’ counterclaims in Morgan v. Noss should remind attorneys to avoid the temptation to repackage a claim’s facts and law into a mirror-image counterclaim, as this approach will often result in a waste of time and resources, says Matthew Selmasska at Kaufman Dolowich.
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Series
Playing Dungeons & Dragons Makes Me A Better Lawyer
Playing Dungeons & Dragons – a tabletop role-playing game – helped pave the way for my legal career by providing me with foundational skills such as persuasion and team building, says Derrick Carman at Robins Kaplan.
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3 Leadership Practices For A More Supportive Firm Culture
Traditional leadership styles frequently amplify the inherent pressures of legal work, but a few simple, time-neutral strategies can strengthen the skills and confidence of employees and foster a more collaborative culture, while supporting individual growth and contribution to organizational goals, says Benjamin Grimes at BKG Leadership.
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E-Discovery Quarterly: Rulings On Hyperlinked Documents
Recent rulings show that counsel should engage in early discussions with clients regarding the potential of hyperlinked documents in electronically stored information, which will allow for more deliberate negotiation of any agreements regarding the scope of discovery, say attorneys at Sidley.
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Loper Bright Limits Federal Agencies' Ability To Alter Course
The U.S. Supreme Court's recent decision to dismantle Chevron deference also effectively overrules its 2005 decision in National Cable & Telecommunications Association v. Brand X, greatly diminishing agencies' ability to change regulatory course from one administration to the next, says Steven Gordon at Holland & Knight.
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Series
Teaching Scuba Diving Makes Me A Better Lawyer
As a master scuba instructor, I’ve learned how to prepare for the unexpected, overcome fears and practice patience, and each of these skills – among the many others I’ve developed – has profoundly enhanced my work as a lawyer, says Ron Raether at Troutman Pepper.