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Immigration
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September 20, 2024
H-2A Wage Rule Blocked In La. For Sugarcane Farms
A Louisiana federal judge said Thursday the U.S. Department of Labor likely didn't have the authority to raise wages for H-2A farmworkers, temporarily blocking the rule from applying to sugarcane farms in Louisiana.
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September 20, 2024
Chevron's Demise May Not Bring Deluge Courts Had Feared
Though the death of Chevron deference has opened a door to attacking administrative decisions, the expected uptick in litigation probably won't threaten to clog federal courts, numerous administrative law experts told Law360.
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September 19, 2024
10th Circ. Says Disbarred Atty Mooted Appeal With Guilty Plea
The Tenth Circuit dismissed a disbarred immigration attorney's efforts at obtaining an injunction that would force a state court to appoint counsel for her in a forgery case, saying Thursday that she mooted her own appeal by pleading guilty.
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September 19, 2024
8th Circ. Says No Detention Time Limit For Deportees
The Eighth Circuit has ruled that a district court wrongly determined that the due process rights of an Ivory Coast native convicted of robbery were violated after he spent a year in federal custody waiting for a removal decision.
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September 19, 2024
GAO Says ICE Wrongly Excluded Co. Over Registration Lapse
The U.S. Government Accountability Office has backed a protest from a company that lost a U.S. Immigration and Customs Enforcement medical services task order over a temporary federal database registration lapse, saying ICE had not mandated continuous registration.
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September 19, 2024
Missed Audit Deadline Spoils Bid For Foreign Engineer Tech
A U.S. Department of Labor appeals board won't allow a technology company to revive its bid to hire a foreign, full-time mechanical engineering technician, saying a missed deadline to submit required documentation during an audit doomed the request.
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September 19, 2024
5th Circ. Says Deported Honduran Wrongly Deemed A Felon
The Fifth Circuit has vacated the removal order of a Honduran woman charged as an accessory to an armed robbery, finding that the Louisiana statute she was deported under for an aggravated felony doesn't align with the federal definition of the removable offense of obstruction of justice.
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September 19, 2024
Cleaning Co., H-2B Workers Nab Final OK For $400K Deal
A Colorado federal judge granted final approval Thursday to a $400,000 settlement that resolves claims from migrant housekeepers who accused a cleaning contractor of committing a variety of wage and visa law violations and threatening to deport workers who complained.
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September 19, 2024
Grossman Young Adds Former Interpol Legal Officer
The newest attorney to join Grossman Young & Hammond's practice focused on advocating for clients before INTERPOL, Charlie Magri, told Law360 Pulse in an interview Thursday that he never expected his career to include a six-year stint with the international law enforcement organization.
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September 18, 2024
Feds Say Afghan Allies Can't Sue Over Kids' Visa Denials
The U.S. Department of Homeland Security urged a Virginia federal judge to toss a suit from Afghan allies who claim their children's visa applications were arbitrarily denied, saying the suit has no legal leg to stand on.
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September 18, 2024
5th Circ. Axes Bargaining Order Against Legal Support Firm
The Fifth Circuit reversed a National Labor Relations Board bargaining order Wednesday against a legal support consulting firm, determining certain workers within the unit are supervisors who can't unionize under federal labor law.
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September 18, 2024
Removal Risk Rises With State Line Crossings, ACLU Says
Unauthorized immigrants in Texas who seek out-of-state medical care because of the state's near-total abortion ban are at risk of getting deported every time they pass through checkpoints where they could get arrested, the American Civil Liberties Union said Wednesday.
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September 18, 2024
House Seeks To Increase Judgeships After Senate OKs Bill
The chairman of the U.S. House Judiciary Subcommittee on Courts has introduced new judicial staffing legislation, a month after the Senate passed its own version of a bipartisan bill that seeks to create 66 new and temporary judgeships over the next decade in an effort to ease pressure on the overburdened federal judiciary.
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September 18, 2024
House Rejects 6-Month Federal Funding Bill
The U.S. House of Representatives on Wednesday rejected a continuing resolution funding the federal government for six months, after a veto threat from President Joe Biden over the bill's funding levels and a contentious clause requiring citizenship checks for voter registration.
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September 18, 2024
GEO Can't Keep ICE Detention Case In Federal Court
Private prison contractor GEO Group Inc. will have to return to state court to fight allegations that it wouldn't let Washington public health inspectors into an immigration detention center, a Washington federal judge has ruled, saying the court has already debunked the same defenses in related cases.
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September 17, 2024
Scope Of High Court's Jarkesy Ruling Tested In H-2A Visa Suit
A Kentucky business is testing the scope of the U.S. Supreme Court's recent decision restricting the power of administrative courts, alleging in a new lawsuit that a proceeding over findings of H-2A visa violations is infringing its constitutional right to a jury trial.
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September 17, 2024
US Sanctions Georgians Engaged In Anti-Democratic Violence
The United States imposed sanctions and visa bans Tuesday on several Georgians for their involvement in the violent response to peaceful protests against the foreign influence law that U.S. officials say has undermined Georgia's democracy and violated human rights.
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September 17, 2024
Biden's Asylum Policy Halved Illegal Crossings, CBP Says
The number of migrants caught trying to cross the border between ports of entry has fallen by more than half since President Joe Biden barred asylum claims from those crossing illegally in June, according to U.S. Customs and Border Protection.
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September 17, 2024
GC Base Salaries At Big Companies On The Rise
General counsel base salaries at companies making $5 billion or more in revenue has increased from last year, while their total compensation has decreased, according to a report released Tuesday by the Association of Corporate Counsel and Empsight International LLC.
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September 17, 2024
Competitiveness Outranks Climate In New EU Commission
European Commission President Ursula von der Leyen shifted her focus from climate change to boosting competitiveness as she proposed her team of commissioners for the next five-year mandate Tuesday, handing out key jobs covering everything from competition enforcement to trade policy.
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September 16, 2024
Incumbent Contractor Can't Get Extra Credit, GAO Says
A contractor that has been providing IT support to U.S. Citizenship and Immigration Services cannot have another go at the job after the U.S. Government Accountability Office backed the agency's decision to choose a joint proposal from IBM and Capital Technology Group LLC.
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September 16, 2024
Colony Ridge Mortgage Co. Free Of Lending Suit, For Now
A federal judge on Friday gave the Consumer Financial Protection Bureau 30 days to amend its predatory lending lawsuit against a Texas mortgage company and a Houston-area real estate developer and lender, dismissing for now the government's claims that the mortgage company intentionally targets Hispanic consumers.
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September 16, 2024
Christian Family Seeks Asylum Decision After 7-Year Wait
A Christian family fearing religious persecution in Egypt filed a lawsuit in California federal court, seeking an order for the government to process their application for asylum which was filed more than seven years ago, in 2017.
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September 16, 2024
DOL Faces 2 More Suits Over H-2A Farmworker Labor Rule
The U.S. Department of Labor was hit Friday with two lawsuits attacking its new regulation protecting union-related activities for agricultural workers on seasonal H-2A visas — less than a month after a Georgia federal judge paused the regulation.
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September 16, 2024
Feds Misapplied L-Visa Criteria In Denial, Colombian Biz Says
A Colombian business has sued U.S. Citizenship and Immigration Services after being denied an application to transfer an executive to oversee its American subsidiary, telling a D.C. federal court that the agency misapplied the criteria for approving L-1A visas.
Expert Analysis
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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.
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Series
Swimming Makes Me A Better Lawyer
Years of participation in swimming events, especially in the open water, have proven to be ideal preparation for appellate arguments in court — just as you must put your trust in the ocean when competing in a swim event, you must do the same with the judicial process, says John Kulewicz at Vorys.
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What 100 Federal Cases Suggest About Changes To Chevron
With the U.S. Supreme Court poised to overturn or narrow its 40-year-old doctrine of Chevron deference, a review of 100 recent federal district court decisions confirm that changes to the Chevron framework will have broad ramifications — but the magnitude of the impact will depend on the details of the high court's ruling, say Kali Schellenberg and Jon Cochran at LeVan Stapleton.
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How EB-5 Regional Centers Can Prepare For USCIS Audits
In response to the recently announced U.S. Citizenship and Immigration Services guidelines that require EB-5 regional center audits every five years to verify their compliance with immigration and securities laws, regional centers should take steps to facilitate a seamless audit process, say Jennifer Hermansky and Miriam Thompson at Greenberg Traurig.
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Don't Use The Same Template For Every Client Alert
As the old marketing adage goes, consistency is key, but law firm style guides need consistency that contemplates variety when it comes to client alert formats, allowing attorneys to tailor alerts to best fit the audience and subject matter, says Jessica Kaplan at Legally Penned.
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Data Shows H-2B Wages May Be Skewed High By Sample Size
Occupational Wage and Employment Statistics wage data from April illustrates that smaller sample sizes from less populated areas may be skewing prevailing wages for H-2B visas artificially high, potentially harming businesses that rely on the visa program, says Stephen Bronars at Edgeworth Economics.
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Series
Walking With My Dog Makes Me A Better Lawyer
Thanks to my dog Birdie, I've learned that carving out an activity different from the practice of law — like daily outdoor walks that allow you to interact with new people — can contribute to professional success by boosting creativity and mental acuity, as well as expanding your social network, says Sarah Petrie at the Massachusetts Attorney General’s Office.
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Think Like A Lawyer: Follow The Iron Rule Of Trial Logic
Many diligent and eager attorneys include every good fact, point and rule in their trial narratives — spurred by the gnawing fear they’ll be second-guessed for leaving something out — but this approach ignores a fundamental principle of successful trial lawyering, says Luke Andrews at Poole Huffman.
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The Art Of Asking: Leveraging Your Contacts For Referrals
Though attorneys may hesitate to ask for referral recommendations to generate new business, research shows that people want to help others they know, like and trust, so consider who in your network you should approach and how to make the ask, says Rebecca Hnatowski at Edwards Advisory.
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Series
Being An Equestrian Makes Me A Better Lawyer
Beyond getting experience thinking on my feet and tackling stressful situations, the skills I've gained from horseback riding have considerable overlap with the skills used to practice law, particularly in terms of team building, continuing education, and making an effort to reset and recharge, says Kerry Irwin at Moore & Van Allen.
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4 Ways To Refresh Your Law Firm's Marketing Strategy
With many BigLaw firms relying on an increasingly obsolete marketing approach that prioritizes stiff professionalism over authentic connection, adopting a few key communications strategies to better connect with today's clients and prospects can make all the difference, say Eric Pacifici and Kevin Henderson at SMB Law.
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Series
Whitewater Kayaking Makes Me A Better Lawyer
Whether it's seeing clients and their issues from a new perspective, or staying nimble in a moment of intense challenge, the lessons learned from whitewater kayaking transcend the rapids of a river and prepare attorneys for the courtroom and beyond, says Matthew Kent at Alston & Bird.