On September 6, 2017 Leigh Cole presented a telephone Briefing for the membership of the National Association of College and University Attorneys (NACUA) regarding the announced phasing-out of the Deferred Action for Childhood Arrivals (DACA) program. She co-presented with Steven Bloom, Director, Government Relations, of the American Council of Education. NACUA Briefings are a new service of NACUA offering timely education on breaking legal developments. Briefings are short, audio-only presentations that are free of charge for NACUA members. Ms. Cole also presented NACUA’s debut Briefing in March 2017 on President Trump’s Executive Orders on immigration, co-presenting with Terry Hartle, Senior Vice President, American Council on Education.
Leigh Cole once again is serving as an instructor for an online course for the National Association of College and University Attorneys (NACUA). Since 2011 Ms. Cole has co-instructed NACUA’s course “Immigration Basics for Colleges and Universities” with Michael Pfahl, Associate Counsel, Kent State University. NACUA’s online courses offer in-depth coverage of important issues in the practice of higher education law, featuring pre-recorded webinars narrated by leading higher education law experts, extensive course materials, self-assessments and instructor-led conference calls.
President Trump’s recent Executive Order 13769 (EO) on immigration caused tumult for many colleges and universities when it was implemented. With more than 20 lawsuits challenging the EO, on Feb. 9 the 9th Circuit Court of Appeals upheld a national temporary restraining order (TRO) granted by U.S. District Court in Washington state. While this is a major victory for the rule of law and constitutional separation of powers, it’s only temporary. Additional court rulings and executive orders on immigration are expected, and the approach is difficult to predict.
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News reports are confusing about the US Supreme Court’s per curiam decision today to uphold *in part* the visa/travel ban Executive Order (EO). The decision actually is good news for colleges and universities, US employers, and individuals from the affected countries in the United States who have relatives abroad.
The US Supreme Court granted certiorari and will review the consolidated visa/travel ban EO cases in the October term. In the meantime the Court stayed *in part* the preliminary injunctions blocking implementation of the EO. The EO now may be applied to individuals who “lack any bona fide relationship with a person or entity in the United States.” Eliminating the double negatives involved in staying an injunction barring implementation of an EO, this means the EO still does *not* apply to individuals with a bona fide relationship with a person or entity in the United States, including intending refugees who have a qualifying relationship in the United States. The decision specifies that the following parties clearly have a qualifying relationship so *remain protected* by the preliminary injunctions: those with a close family relationship with an individual in the United States, giving spouse and mother-in-law as examples; students admitted to a US college or university; those who have accepted offers of employment in the United States; and those invited to give a lecture in the United States. Three dissenters, Justices Thomas (writing), Alito and Gorsuch, concurred in part and dissented only as to continuing the preliminary injunctions to protect individuals with qualifying relationships in the United States. The court asked the parties to brief the question whether the case is moot because the 90-day duration of the EO ended on June 16, 2017 even though the Trump Administration tried to extend the effective date to the date of a court decision lifting the preliminary injunctions.
Dinse, Knapp & McAndrew announces that twelve of its attorneys were recently selected by their peers for inclusion in the The Best Lawyers in America® 2016 (Copyright 2012 by Woodward/White, Inc., of Aiken, S.C.) in nineteen different practice areas. Since it was first published in 1983, Best Lawyers has become universally regarded as the definitive guide to legal excellence. Because Best Lawyers is based on an exhaustive peer-review survey in which more than 36,000 leading attorneys cast almost 4.4 million votes on the legal abilities of other lawyers in their practice areas, and because lawyers are not required or allowed to pay a fee to be listed, inclusion in Best Lawyers is considered a singular honor. Corporate Counsel magazine has called Best Lawyers “the most respected referral list of attorneys in practice.”
The practice areas and the attorney(s) listed in each area are as follows:
- Commercial Litigation: Ritchie E. Berger, Karen McAndrew
- Corporate Compliance Law: David Gurtman
- Corporate Governance Law: Brian Murphy
- Corporate Law: Jeffrey J. McMahan, Brian R. Murphy
- Education Law: Jeffrey J. Nolan, Karen McAndrew
- Employment Law – Management: Amy M. McLaughlin, Jeffrey J. Nolan, Karen McAndrew
- Immigration Law: Leigh Polk Cole
- Litigation – Construction: Karen McAndrew
- Litigation – Intellectual Property: Shapleigh Smith, Jr., Karen McAndrew
- Litigation – Labor & Employment: Amy M. McLaughlin
- Medical Malpractice Law – Defendants: Ritchie E. Berger
- Mergers & Acquisitions Law: Brian R. Murphy
- Non-Profit / Charities Law: Brian R. Murphy
- Personal Injury Litigation – Defendants: Ritchie E. Berger, Karen McAndrew
- Product Liability Litigation – Defendants: Shapleigh Smith, Jr.
- Real Estate Law: Austin D. Hart, Molly Langan
- Tax Law: Mark A. Langan
- Technology Law: Jeffrey J. McMahan
- Trusts and Estates: Mark A. Langan
Leigh Cole, Esq., a director and shareholder at Vermont-based Dinse, Knapp & McAndrew, P.C. and Chair of the firm’s Immigration Group, also will serve as immigration counsel to Hirschfeld Kraemer LLP, a California-based employment law firm. “The Employment Law Alliance, and Hirschfeld Kraemer and Dinse in particular, have always been forward-thinking, innovative organizations. I am excited to extend my practice and synergistically combine Dinse’s resources with HK’s via this transcontinental partnership,” said Cole. “Strengthening ties between our member firms is a shared objective and one that will no doubt prove beneficial to clients on both sides of the country.”
Cole, chair of Dinse’s Immigration Group, has extensive experience with employment-based immigration matters and advises on immigration compliance, best practices, audits and self-audits, applications for immigration benefits and international student and scholar services for educational institutions. Her clients include general counsels, human resources directors, international education advisors, recruiters and others responsible for immigration compliance for institutions, organizations and businesses.
“This unique partnership with Leigh is made possible through the Employment Law Alliance and enables Hirschfeld Kraemer to provide top-drawer and seamless assistance to its clients with all aspects of immigration and global migration law,” said Stephen J. Hirschfeld, co-managing partner of Hirschfeld Kraemer. “As immigration law is a federal domain, the firm was able to be geographically agnostic in looking to bolster its resources in this area.” Hirschfeld added, “Given the close working relationship between our firms as both of us are members of the ELA, this strategic relationship seemed to be a natural fit for us.”
Active in the legal community, Cole frequently speaks before groups including the National Association of College and University Attorneys (NACUA), the Association of International Educators (NAFSA) and as part of the annual University of Vermont Legal Issues in Higher Education Conference. Notably, she has previously co-presented two courses on immigration law for NACUA. In addition to an active conference schedule, Cole is also a member of the American Immigration Lawyers Association (AILA) and has served as editor of that organization’s Immigration and Nationality Law Handbook since 1999.
About Dinse, Knapp & McAndrew, P.C.
Dinse, Knapp & McAndrew, P.C. is a Vermont-based law firm with extensive experience in employment law and education law. Dinse is the exclusive Vermont member of the Employment Law Alliance. Dinse lawyers represent employers and human resource professionals with employment law issues for management, and colleges and universities, private secondary schools and public school systems in the legal issues affecting educational institutions. Dinse prepares a monthly newsletter, The Vermont Employment Law Letter, published for each state by M. Lee Smith Publishers. The firm serves as select counsel in Vermont to United Educators Risk Retention Group.
About Hirschfeld Kraemer LLP
Hirschfeld Kraemer is a California-based labor and employment firm with offices in Northern and Southern California and Reno, Nevada. It is the exclusive California and Northern Nevada member of the Employment Law Alliance – the world’s largest network of labor and employment lawyers. The firm’s clients include cities, counties and institutions of higher education in addition to Fortune 500 companies. In higher education alone, the firm represents more than 140 colleges and universities, both in the United States and abroad. The firm’s driving principle is to deliver practical, no-nonsense employment and labor counsel. On the Web at: www.HKemploymentlaw.com.
Dinse, Knapp & McAndrew is pleased to announce that Justin B. Barnard joined the firm in July as an associate attorney.
Mr. Barnard is a member of the firm’s litigation group with a focus on civil litigation. Prior to joining the firm, Mr. Barnard served as a lead litigator for the Maine Department of Health and Human Services in the Maine Attorney General’s Office. Mr. Barnard represented the State of Maine in both federal and state courts, including class actions and lawsuits involving complex issues of constitutional and federal law. In 2013, Mr. Barnard successfully briefed and argued an appeal in an equal protection class action before the First Circuit, obtaining dismissal of the case. Mr. Barnard is a graduate of Stanford Law School and Dartmouth College.
Dinse, Knapp & McAndrew, P.C., with offices in Burlington, Vermont and Plattsburgh, New York, is one of the largest law firms serving Vermont and the northern tier of New York.