Rule 37(e) and Spoliation Sanctions Under the Amended Rules
Time to Think About the H-1B Cap Season and Your Employment Needs
Matthew S. Dunn, one of the country’s leading immigration lawyers, advises and represents a diverse group of clients, including banks, global financial services companies, technology and business consultancies, advertising agencies, healthcare institutions, sports and entertainment organizations, and corporations of all sizes, in the hiring, transfer and retention of foreign national executives, managers, professionals, athletes and performing artists in the United States. Mr. Dunn works with these companies and organizations to develop the optimal workforce planning and mobility strategies to meet their specific national or global needs, advising them on navigating the complex and often restrictive framework of immigration laws and policies in the U.S. He provides immigration counsel to corporations in the context of mergers, acquisitions and spinoffs to strategize and to structure these transactions to ensure compliance with U.S. immigration law. Drawing on his previous experience as Assistant District Counsel for the Immigration and Naturalization Service, Mr. Dunn provides ongoing business immigration counsel to clients, assisting them in establishing and maintaining employment verification programs in compliance with the complicated rules and regulations governing documentation and record keeping, overseeing internal compliance investigations, and defending companies of all sizes facing compliance audits and charges of noncompliance, in particular, I-9 audits by Immigration and Customs Enforcement and Labor Condition Applications (LCA), and wage and hour audits by the Department of Labor. In addition to his work with corporate clients, Mr. Dunn represents high-net-worth foreign national investors seeking permanent resident status based on their substantial investments in their own enterprises or in special investment vehicles under the U.S. EB-5 Immigrant Investor Program. He also represents major professional sports leagues and entertainment organizations, as well as prominent foreign athletes and entertainers, in immigration matters including short- and long-term visas, waivers and enforcement actions. Among his most notable work, Mr. Dunn represents a number of foreign investment banks, including one of the foremost French investment banks and two of the leading Asian investment banks, in U.S. immigration matters. He advises and represents a top-five global financial services company in internal compliance investigations, and counsels several of the foremost providers of consulting in technology services on the hiring and transfer of foreign nationals, and internal compliance, investigative and enforcement matters. Mr. Dunn provides ongoing immigration counsel to several of the oldest and largest teaching hospitals in the country, including one of the largest employers in New York City. He has also represented a number of Fortune 100 companies on Immigration and Customs Enforcement worksite investigation matters, and has defended prominent companies in major investigations by the U.S. Department of Labor’s Wage and Hour Division. Mr. Dunn has held a number of leadership positions within the business immigration bar. He currently co-chairs the New York State Bar Association’s Immigration and Nationality Law Committee. He previously chaired the 1,000-member New York chapter of the American Immigration Lawyers Association and served as a member of AILA’s governing board of directors. He also serves as associate editor of the Occupation Guide Book Series, Immigration Options for Nurses and Allied Health Care Professionals, which focuses on immigration issues for nurses and allied health care professionals, and has authored many publications in the field. Mr. Dunn’s more than 20 years of work in business immigration has earned him recognition as one of the pre-eminent attorneys in the field. Human Resource Executive has repeatedly named him to its Most Powerful Employment Attorneys list (2011-2015), and Best Lawyers (2007-2015), Chambers USA (2007-2015) and Legal 500 US (2010-2015) have regularly ranked him as a leading practitioner.