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Immigration
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August 22, 2024
3rd Circ. Denies Liberian Bank Whistleblower's Asylum Bid
The Third Circuit ruled Thursday that a Liberian man can't claim asylum despite having "suffered horrors" after unearthing a fraud scheme involving Liberian government officials' relatives and refusing a politician's bribe, saying he did not show evidence that his alleged perpetrators targeted him for having an anti-corruption political opinion.
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August 22, 2024
Justices Allow Part Of Ariz. Voter Law To Take Effect
The U.S. Supreme Court ruled Thursday that Arizona can enforce part of a law that requires proof of citizenship when residents register to vote, but won't unblock a provision extending the requirement to voting by mail or in presidential elections.
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August 22, 2024
Smuggling Suspect Arrested Over '22 Migrant Deaths In Texas
A Guatemalan national was arrested Wednesday in his home country at U.S. officials' request for his alleged role in a human smuggling operation blamed for the deaths of 53 migrants who were found in a tractor-trailer in Texas in 2022, federal prosecutors announced Thursday.
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August 22, 2024
2nd Circ. Says Feds Can't Forcibly Drug Man Facing Removal
The Second Circuit ruled Thursday that the Bureau of Prisons can't yet forcibly administer antipsychotic medication to render a Sierra Leone native competent to stand trial on charges of assaulting officers at a prison where he was being detained pending deportation.
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August 22, 2024
Fla. Immigration Attorney Also Disbarred In NY
A Miami immigration attorney who was disbarred in Florida earlier this year received another blow Thursday when the New York Supreme Court decided that he could no longer practice in its state either.
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August 22, 2024
Fisher Phillips Brings Smith Gambrell Atty To DC Gov't Team
Fisher Phillips' new D.C.-based agriculture employment partner has practiced several types of law throughout his career, and told Law360 Pulse Thursday that his employment law career started unexpectedly after a managing partner at one of his first firms called out sick before an interview.
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August 22, 2024
Feds Accuse NYC Man Of Acting As Chinese Agent
Manhattan federal prosecutors have accused a naturalized U.S. citizen of acting as an agent of the People's Republic of China and relaying intelligence to the Chinese government.
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August 22, 2024
Au Pair Co. Tells 1st Circ. Arbitration Bid Came In Time
An au pair company told the First Circuit that forcing it to advance arbitration efforts before filing a response in a wage suit would conflict with a U.S. Supreme Court's ruling tackling the timing of arbitration requests.
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August 21, 2024
Split 5th Circ. Revives Cameroonian Anglophone's Asylum Bid
A split Fifth Circuit has revived a Cameroonian nurse's asylum bid, saying in a published opinion that the Board of Immigration Appeals disregarded evidence he offered to prove that the Cameroonian military wanted him dead for purportedly being an English-speaking separatist.
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August 21, 2024
Feds Chide Iowa's 'Implausible' Immigration Law Defense
The Biden administration is urging the Eighth Circuit to reject Iowa's defense of a state law criminalizing the presence of previously deported noncitizens in the state, suggesting Iowa is mischaracterizing the law in an effort to skirt U.S. Supreme Court precedent.
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August 21, 2024
Cleaning Co., H-2B Workers Seek Final OK For Wage Deal
A group of 41 migrant housekeepers and a cleaning contractor asked a Colorado federal court Wednesday to give final approval to the $400,000 deal they reached to end claims of wage and visa law violations, including threats of deportation.
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August 21, 2024
Health Co. Investors Fight To Keep Suit Over Migrant Deal
Investors in mobile medical provider DocGo are urging a New York federal judge not to toss a suit alleging it deceived stockholders before a $432 million contract with New York City to provide emergency migrant housing came under public scrutiny, saying the complaint sufficiently establishes that the defendants made material misstatements and omissions.
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August 21, 2024
Asylum Limits Litigation Remains In Settlement Talks
A pair of cases in the Ninth Circuit and D.C. federal court in which asylum-seekers are challenging a Biden administration rule limiting asylum at the southern border are still in the settlement-discussion stage.
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August 20, 2024
DHS Watchdog Says ICE Needs To Better Monitor Migrant Kids
The inspector general for the U.S. Department of Homeland Security has said the agency needs to better monitor the status and location of unaccompanied migrant children after their release from federal custody to better protect them.
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August 20, 2024
Credit Union, 'Dreamers' Get Final OK To Settle Loan Bias Suit
A California federal judge gave the final stamp of approval to a class settlement offering cash to Deferred Action for Childhood Arrivals recipients and other immigrants who alleged a Chicago-based credit union denied them loans due to their immigration status.
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August 20, 2024
DOD Tells DC Circ. It Can Set Criteria For Soldier Citizenship
The U.S. Department of Defense is urging the D.C. Circuit to reverse a district court injunction permanently blocking the agency from setting service duration requirements for noncitizen soldiers to become citizens, saying Congress authorized it to do so.
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August 20, 2024
Atlanta Immigration Firm, Paralegal Settle OT Suit
An Atlanta immigration law firm has reached a settlement in a federal lawsuit from a paralegal who says he was misclassified as an independent contractor and denied overtime pay, despite routinely working more than 40 hours per week, according to court papers filed Tuesday.
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August 20, 2024
BigLaw Firm Sues Feds For Halkbank Cooperator Docs
Halkbank's criminal defense lawyers at Williams & Connolly LLP are suing U.S. immigration authorities in search of documents related to businessman Reza Zarrab, who pled guilty and cooperated with prosecutors in their pending case alleging that the Turkish state-owned lender laundered proceeds of Iranian oil.
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August 20, 2024
A Deep Dive Into Law360 Pulse's 2024 Women In Law Report
The legal industry continues to see incremental gains for female lawyers in private practice in the U.S., according to a Law360 Pulse analysis, with women now representing 40.6% of all attorneys and 51% of all associates.
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August 20, 2024
These Firms Have The Most Women In Equity Partnerships
The legal industry still has a long way to go before it can achieve gender parity at its upper levels. But these law firms are performing better than others in breaking the proverbial glass ceiling that prevents women from attaining leadership roles.
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August 19, 2024
Ariz. Sheriff Can't Ax Racial Profiling Injunction, 9th Circ. Says
The Ninth Circuit on Monday kept in place a permanent injunction in a class action alleging the Maricopa County Sheriff's Office in Arizona racially profiled Latinos for traffic stops under the guise of immigration enforcement, saying the district court was within its powers to assign an independent monitor.
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August 19, 2024
DOJ Says No Arthrex Problem In SpaceX Hiring Bias Probe
The U.S. Department of Justice is urging a Texas federal judge to side with the administrative law judge overseeing the immigration bias investigation against SpaceX, saying the company is using its constitutional attack against the framework of the proceeding as a distraction.
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August 19, 2024
Texas Says Biden's River Barrier Claims Insist On Jury Trial
Texas told the Fifth Circuit that a federal judge got it wrong by denying its right to jury trial in a fight over the state's use of a border barrier in the Rio Grande, saying in a Monday brief that the government's claims carry a right for a jury trial.
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August 19, 2024
DHS Unveils Green Card Rule For Mixed-Status Families
The Biden administration on Monday officially rolled out the "keeping families together" program, which will ease bureaucratic obstacles for noncitizens and stepchildren of U.S. citizens to apply for green cards and work permits from within the country.
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August 19, 2024
2nd Circ. Squashes Nepalese Man's Asylum Bid
The Second Circuit on Monday shot down a request for asylum from a Nepalese man, finding he'd failed to show he had a legitimate fear of being persecuted in his home country.
Expert Analysis
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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.
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Lawyers Can Take Action To Honor The Voting Rights Act
As the Voting Rights Act reaches its 59th anniversary Tuesday, it must urgently be reinforced against recent efforts to dismantle voter protections, and lawyers can pitch in immediately by volunteering and taking on pro bono work to directly help safeguard the right to vote, says Anna Chu at We The Action.
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Opinion
Dreamer Green Card Updates Offer Too Little For Too Few
Despite the Biden administration’s good intentions in announcing a new pathway for college-educated Dreamers to receive green cards, the initiative ultimately does little to improve the status quo for most beneficiaries, and could even leave applicants in a worse position, says Adam Moses at Harris Beach.
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How To Grow Marketing, Biz Dev Teams In A Tight Market
Faced with fierce competition and rising operating costs, firms are feeling the pressure to build a well-oiled marketing and business development team that supports strategic priorities, but they’ll need to be flexible and creative given a tight talent market, says Ben Curle at Ambition.
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Series
Rock Climbing Makes Me A Better Lawyer
Rock climbing requires problem-solving, focus, risk management and resilience, skills that are also invaluable assets in my role as a finance lawyer, says Mei Zhang at Haynes and Boone.
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Think Like A Lawyer: Dance The Legal Standard Two-Step
From rookie brief writers to Chief Justice John Roberts, lawyers should master the legal standard two-step — framing the governing standard at the outset, and clarifying why they meet that standard — which has benefits for both the drafter and reader, says Luke Andrews at Poole Huffman.
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Recent Settlement Shows 'China Initiative' Has Life After Death
Though the U.S. Department of Justice shuttered its controversial China Initiative two years ago, its recent False Claims Act settlement with the Cleveland Clinic Foundation demonstrates that prosecutors are more than willing to civilly pursue research institutions whose employees were previously targeted, say attorneys at Benesch.
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Series
Being A Luthier Makes Me A Better Lawyer
When I’m not working as an appellate lawyer, I spend my spare time building guitars — a craft known as luthiery — which has helped to enhance the discipline, patience and resilience needed to write better briefs, says Rob Carty at Nichols Brar.
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Lead Like 'Ted Lasso' By Embracing Cognitive Diversity
The Apple TV+ series “Ted Lasso” aptly illustrates how embracing cognitive diversity can be a winning strategy for teams, providing a useful lesson for law firms, which can benefit significantly from fresh, diverse perspectives and collaborative problem-solving, says Paul Manuele at PR Manuele Consulting.
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Biden Policy Gives Employers New Ways To Help Dreamers
A new Biden administration immigration policy makes the process more predictable for Deferred Action for Childhood Arrivals recipients to seek employment visas, and, given uncertainties surrounding DACA’s future, employers should immediately determine which of their employees may be eligible, says Jennifer Kim at Moore & Van Allen.
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Opinion
H-2 Visas Offer Humane, Economic Solution To Border Crisis
Congress should leverage the H-2 agricultural and temporary worker visa programs to match qualified migrants with employers facing shortages of workers — a nonpolitical solution to a highly divisive humanitarian issue, say Ashley Dees and Jeffrey Joseph at BAL.
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Opinion
Now More Than Ever, Lawyers Must Exhibit Professionalism
As society becomes increasingly fractured and workplace incivility is on the rise, attorneys must champion professionalism and lead by example, demonstrating how lawyers can respectfully disagree without being disagreeable, says Edward Casmere at Norton Rose.
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Series
Serving In The National Guard Makes Me A Better Lawyer
My ongoing military experience as a judge advocate general in the National Guard has shaped me as a person and a lawyer, teaching me the importance of embracing confidence, balance and teamwork in both my Army and civilian roles, says Danielle Aymond at Baker Donelson.
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A Midyear Forecast: Tailwinds Expected For Atty Hourly Rates
Hourly rates for partners, associates and support staff continued to rise in the first half of this year, and this growth shows no signs of slowing for the rest of 2024 and into next year, driven in part by the return of mergers and acquisitions and the widespread adoption of artificial intelligence, says Chuck Chandler at Valeo Partners.