Department of Homeland Security

The Department of Homeland Security is a federal executive department established in 2002 in response to the September 11th terrorist attacks. DHS was formed by combining twenty-two existing federal departments... more +
The Department of Homeland Security is a federal executive department established in 2002 in response to the September 11th terrorist attacks. DHS was formed by combining twenty-two existing federal departments and agencies. The consolidation was aimed at creating a better integrated, more effective organization to respond to terrorist attacks and other varied threats facing the United States and its territories.  less -
News & Analysis as of

Finding a Cyber Safe Harbor in the SAFETY Act

Does your company provide or use a cybersecurity product or service? Are you concerned about the potential liability for yourself, your distributors and your customers if your cybersecurity product is used in an attempt to...more

Think You Know Your HIPAA-Related Obligations? Read the ONC’s New Privacy and Security Guide to Find Out

In 2013, we alerted you to the expansion of the definition of the term “business associate” under the Health Insurance Portability and Accountability Act of 1996 (HIPAA). Now, the Office of the National Coordinator for Health...more

USCIS to Accept Employment Authorization Applications from Certain H-4 Dependent Spouses

Beginning May 26, 2015, the United States Citizenship and Immigration Services (USCIS) will accept applications for employment authorization from certain H-4 Dependent Spouses. The USCIS will reject any applications received...more

Must the "Maker" of a False Statement have "Ultimate Authority" over that Statement to be Subject to Liability for Securities...

This case involved a civil enforcement action by the Securities and Exchange Commission (SEC) against certain public relations companies and their principals, alleging violations of—among other things—Section 17(a) of the...more

Spring Vacations: Which arguments are winning on appeals from arbitration so far in 2015?

Today I present a collection of recent state and federal appellate court decisions that vacate or un-vacate arbitration awards. The seven opinions below emphasize how difficult it is to prove that an arbitrator exceeded his...more

Lawsuit Seeks to Block New DHS Rule Granting EADs to Certain H-4 Spouses

As previously reported, beginning on May 26, 2015, the U.S. Department of Homeland Security (DHS) will begin the implementation of a new rule allowing for Employment Authorization Documents (EADs) to be issued to certain H-4...more

Employers Face Stricter Requirements when Hiring H-2B Workers

In response to recent litigation that created significant uncertainty around processing of applications for H-2B temporary foreign workers, the Department of Labor and Department of Homeland Security recently issued a federal...more

DHS Breaks New Ground With Issuance of SAFETY Act Certifications for Advanced Cybersecurity Defense Systems

FireEye’s MVX and DTI Technologies become the first cybersecurity products to earn certification as “Qualified Anti-Terrorism Technologies.” The Department of Homeland Security (DHS) crossed an important barrier in...more

DHS Asks Court to Dismiss Lawsuit Challenging H-4 Work Authorization

While the lawsuit challenging President Obama’s executive action continues to garner headlines, an additional lawsuit has been filed contesting another part of the executive actions that DHS is attempting to implement. This...more

Proposed Changes to North Carolina’s E-Verify Requirements Could Affect More Than 100,000 Additional Employers.

A bill with significant implications for North Carolina employers is now pending in the North Carolina General Assembly, Senate Committee on Rules and Operations. If enacted, House Bill 318, the “Protect North Carolina...more

2000 Three Year Work Permits Were Issued by DHS in Violation of Injunction

In a Thursday midnight filing last week, the U.S. Department of Justice (DOJ) lawyers disclosed that the Department of Homeland Security (DHS) issued about 2,000 three-year work permits (as opposed to the currently authorized...more

Update on Pre-Clearance at Airports

Airline travel can be a long, unpleasant process. Long lines are part of the problem. In the past, frequent fliers received complimentary TSA PreCheck status, but no more....more

DHS Adopts Regulations Giving Universities and Foreign Students Greater Flexibility

Effective May 29, 2015, the Department of Homeland Security will amend its regulations under the Student and Exchange Visitor Program (SEVP). The change will (1) eliminate existing limits on the maximum number of designated...more

DHS and DOL Issue H-2B Rules

The H-2B program allows U.S. employers or U.S. agents who meet specific regulatory requirements to bring foreign nationals to the United States to fill temporary nonagricultural jobs....more

DOL and DHS Release Joint New Rules for H-2B Visa Program

Last week the U.S. Departments of Labor and Homeland Security announced an interim final rule to reinstate and make improvements to the H-2B Visa program, and a final rule to establish the prevailing wage methodology to be...more

Cybersecurity Workforce Measures Present Business Opportunities

As part of the federal government’s efforts to address cybersecurity needs in our age of state-sponsored hacking and other high-profile data breaches, the Department of Homeland Security (DHS) will soon undertake a...more

Secretary Of Homeland Security Seeks Cooperation Between Public And Private Sectors In Fight Against Cybercriminals

On April 21, 2015, Department of Homeland Security (“DHS”) Secretary Jeh Johnson spoke at the annual RSA Conference 2015. In his remarks, Johnson explained that, while the DHS was established primarily to focus on...more

House Passes the National Cybersecurity Protection Advancement Act

Following Wednesday’s approval of the Protecting Cyber Networks Act (H.R.1560) (“PCNA”), the House of Representatives passed the National Cybersecurity Protection Advancement Act (H.R. 1731) (“NCPAA”) on Thursday, a move...more

House Passes Cybersecurity Information Sharing Bills

On Wednesday, April 22, 2015, the House passed H.R. 1560, the Protecting Cyber Networks Act, sponsored by House Intelligence Committee Chairman Devin Nunes (R-CA), with Ranking Member Adam Schiff (D-CA) as lead cosponsor. ...more

It’s Cyber Week in Washington, DC — and RSA Conference Week in San Francisco

Security is on the agenda from coast to coast this week. Cybersecurity information sharing legislation will hit the House floor this week. H.R. 1731, the National Cybersecurity Protection Advancement Act was reported...more

Updated Guidance Encourages DHS Attorneys to Timely Exercise Prosecutorial Discretion

On April 6, 2015, the Acting Principal Legal Advisor for the U.S. Immigration and Customs Enforcement (ICE) Office of the Principal Legal Advisor (OPLA), Riah Ramlogan, issued a memorandum to OPLA attorneys relating to the...more

USCIS Proposes: L-1B Adjudications Policy

The Key – Applying the “Preponderance of the Evidence” standard”? Immigration practitioners are trying to figure out what to make of the proposed Policy Memorandum on L-1B Adjudications Policy (hereinafter “Guidance”)...more

Federal Court Case Update | Filings and Firings

Following is the start of a new series on the JAMS ADR Blog, featuring short synopses of recent case rulings related to arbitration or ADR. We’re excited to share this information as we know this is an area that will be of...more

FISMA II: A New Cyber World Framework to Strengthen Agency Information Security

As part of the Obama administration’s legislative efforts to safeguard government agency information, the Federal Information Security Modernization Act of 2014 (FISMA II) was recently enacted to fortify and update its 2002...more

Work Authorization Extended to Certain H-4 Visa Holders

Late last year, I wrote on the controversial executive actions on immigration that President Obama announced in November. As I noted then, those executive actions include several initiatives that will make it easier for...more

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