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Belliveau v. Barco, Inc.

Belliveau v. Barco Inc.

Written by Taher Kameli & Chathan Vemuri On January 28, 2021, the Fifth Circuit Court of Appeals re-interpreted the parameters of fiduciary duty and the breach thereof in relation to third party sublicensing and clarified what was necessary for a fiduciary duty to exist.[1] In the case of Belliveau v. Barco, Inc., the Fifth Circuit ruled that the defendant in this case did not owe a fiduciary duty to the plaintiff as there was no formal fiduciary relationship between Plaintiff and the Defendant’s in-house counsel despite Plaintiff’s claims of in-house counsel allegedly agreeing to act at his discretion on matters

Cryptocurrency and Taxes: How does taxation work on it?

Cryptocurrency and Taxes How does taxation work on it

Written by Taher Kameli & Shabnam Mahammadli Cryptocurrency is a digital representation of value that can serve as a medium of exchange, a unit of account, and a store of value.[1] Although often held for investment purposes, the IRS has acknowledged that cryptocurrency may also be used in a manner similar to “real” currency, namely, to pay for goods or services. However, as no country has recognized any cryptocurrency as a form of legal tender, the IRS does not allow taxpayers to treat cryptocurrency as real currency, such as the US Dollar and the Euro.[2] As a

President Biden Reinstates Deferred Enforced Departure for Eligible Liberian Nationals in the U.S.

Liberian Nationals Eligible for Deferred Enforced Departure

Written by Taher Kameli & Chathan Vemuri At the very beginning of his term in office, President Biden has put immigration reform at the top of his agenda, passing a series of executive orders challenging and even overturning President Trump’s immigration policies.[1] Be it rescinding the Muslim travel ban or restoring DACA, the Biden administration has made impressive gestures towards repairing an immigration system affected by the Trump administration’s more exclusivist hardline policies.[2] One particular change of note is the President’s revival of the Deferred Enforced Departure program.[3] This program, which covers around 4,000 long-term

Southern District Court of Texas Overrules Biden Administration’s Deportation Moratorium

Texas Overrules Biden Administration Deportation Moratorium

Written by Taher Kameli & Chathan Vemuri The first two weeks of the Biden presidency has seen a dramatic pause on many of the Trump administration’s most controversial immigration policies, from ending the Muslim ban to reversing the policy focusing immigration law enforcement on any undocumented person regardless of criminal status or lack thereof, to ending an emergency declaration to divert funds to proposed border wall.[1] Yet opposition to these reversals remains as strong as ever in those states where the former President still commands high levels of support. In Texas last week, one state attorney general was able to

How Confronting The Past Can Change Our Future

How Confronting The Past Can Change Our Future by Taher Kameli

Written by Taher Kameli On Wednesday, January 20, 2021,  the U. S. witness the change when former Vice President Joe Biden was sworn in as the 46th President of the United States. It was the culmination of a vicious presidential campaign that effectively served as a referendum on the performance of Donald Trump.[1] A campaign that saw Trump’s most fervent supporters come out in record numbers to keep him in the White House, as well as new voters too.[2]   After, a volatile election the result was not even known for almost a

DHS Changes the H-1B Visa Cap Selection Process

DHS Changes the H-1B Visa Cap Selection Process

Written by Taher Kameli & Chathan Vemuri In one of the final acts of the Trump Administration’s hardline anti-immigration policies prior to his departure on January 20, 2021, the Trump-led Department of Homeland Security issued a final rule that upends the traditional selection system for the H-1B visa in favor of highly paid workers, at the expense of those who make less.[1] Every fiscal year, the numerical limit on the number of foreign workers authorized for H-1B visa status is capped at 65,000 initial visas, with an additional 20,000 H-1B visas for workers

EOIR Final Rule Drastically Increasing EOIR Filing Fees and How That May Impact Asylum Seekers, Undocumented Children and Other Vulnerable Groups

EOIR Final Rule Drastically Increasing EOIR Filing Fees

Written by Taher Kameli & Chathan Vemuri On January 19, 2021, a Final Rule issued by the  Executive Office for Immigration Review EOIR will become effective that will “increase the fees for those EOIR applications, appeals, and motions that are subject to an EOIR-determined fee, based on a fee review conducted by the EOIR.”[1] These fee increases apply to Forms EOIR-26, 29, 40, 42A, 42B, 45 and motions to reopen or reconsider before the Office of the Chief Immigration Judge (OCIJ) and the Board of Immigration Appeals (BIA).[2]   Notably, this Rule was first

Corporate Transparency Act

Corporate Transparency Act

Written by Taher Kameli & Chathan Vemuri The creation of anonymous shell corporate structures for illicit purposes such as money laundering, the sale of pirated and counterfeit goods, human trafficking, and the drug trade has been a source of great concern for the U.S. government.[1] These corporate structures are used to hide stolen assets and are without clearly identified owners, making it difficult to hold anyone to account.[2] A range of groups have called for legislation demanding transparency from newly formed reporting corporations to hinder the creation of these anonymous shell corporate

State Appellate Court Classifies Uber and Lyft Drivers as Employees

Uber-Lyft Drivers either Employee or Independent Contractor

Written by Taher Kameli & Chathan Vemuri The rise of the gig economy has to new forms of work that face tremendous obstacles when it comes up against worker legislation like the NLRA. No job has become more symbolic of the gig economy than the rideshare services known as Uber and Lyft. There has long been a debate about whether Uber and Lyft drivers were either employees or independent contractors. Being the latter would exempt Uber and Lyft from giving their drives their necessary protections and benefits under the National Labor Relations Act and other

2 Federal Courts Issue Decisions to Block Use of Pentagon Funds for President Trump’s Border Wall

BLOCK-PENTAGON-FUNDS-FOR-BORDER-WALl by Taher Kameli

Written by: Taher Kameli While President Trump has announced many anti-immigration policies as President, probably his most well-known anti-immigration policy is to construct a wall at the United States southern border.  Yet, despite President Trump’s frequent calls for a border wall, various Federal courts have opposed certain actions by the Trump administration designed to help build the border wall. As further evidence of the statement in the preceding sentence, 2 Federal courts have recently issued decisions to block the use of Pentagon funds for President Trump’s border wall. On December 10, in the case of