Native American

  • July 21, 2017

    10th Circ. Gives States A Leg Up In Making Gaming Deals

    A recent Tenth Circuit decision that the state of New Mexico can punish non-Indian vendors for working with the Pueblo of Pojoaque's casinos in the absence of a gaming compact may leave the tribe unable to get the gambling machines and software it needs and gives states more leverage when negotiating tribal-state gaming deals.

  • July 21, 2017

    Dying Victim’s ID Upheld In Tribal Man's Murder Conviction

    The Tenth Circuit on Thursday upheld the triple life sentences handed to a Native American man who shot and murdered three people in a house in Indian Country, concluding that statements made at the scene by one of the now-deceased victims identifying him as the murderer are not hearsay.

  • July 21, 2017

    $38.4B Energy, Water Bill Sails Through Senate Panel

    The Senate Appropriations Committee on Thursday easily passed a sprawling $38.4 billion energy and water development funding bill that includes, among other things, financing for programs under which the U.S. Army Corps of Engineers and tribes would collaborate on water resource projects and consolidated nuclear waste storage facilities would be built.

  • July 21, 2017

    Cherokee Nation Says Opioid Dispute Belongs In Tribal Court

    The Cherokee Nation fought Friday to continue pursuing in its tribal court a lawsuit seeking to hold Walgreens, McKesson and other companies accountable for an opioid crisis plaguing its citizens, saying the case is akin to ones brought by state governments in their own courts and an “expression of its sovereign right.”

  • July 21, 2017

    Gov't Says Ariz. Agency Can't Sue In Tribal Water Row

    The federal government on Thursday urged a federal judge to throw out a complaint against it from an Arizona water district in an Ak-Chin Indian Community suit accusing the district of refusing to deliver all of the water to which the tribe is entitled to its reservation, saying that its sovereign immunity was never waived. 

  • July 20, 2017

    Kilpatrick Must Face Farm Lobbyist's Unjust Enrichment Claim

    A District of Columbia appeals court on Thursday said Kilpatrick Townsend & Stockton LLP will have to face an unjust enrichment claim from a black farmer advocate who says he wasn’t paid for helping secure a congressional bill funding a massive class action settlement for minority farmers.

  • July 20, 2017

    DOI, Calif. Tribe Say Casino Challenge Should Be Tossed

    The U.S. Department of the Interior and a California tribe each urged a federal judge on Wednesday to toss a suit challenging department-issued procedures that allow the tribe to pursue an off-reservation casino, saying the procedures don’t violate federal gaming or environmental law.

  • July 20, 2017

    Man Pleads Guilty To Interstate Sale Of Stolen Tribal Art

    A New York man on Thursday pled guilty in Manhattan federal court to stealing Native American and African tribal artworks from the estate of an art collector and then trying to sell them through a flea market dealer.

  • July 20, 2017

    FirstNet Execs Say They'll Address Tribal Leaders' Concerns

    Executives in charge of steering the multibillion-dollar FirstNet emergency response network promised Thursday to reach out to tribal leaders to alleviate concerns about the network’s security, reliability and performance in rural areas.

  • July 20, 2017

    Anti-Lawsuit Act Usurps Court Authority, Profs Tell Justices

    A group of law professors on Wednesday urged the U.S. Supreme Court to overturn a D.C. Circuit decision backing a law that blocked a Michigan man’s challenge to a tribal casino project, saying the ruling lets Congress invade federal courts' authority to resolve lawsuits.

  • July 20, 2017

    MGM Presses 2nd Circ. To Redo Tribal Casino Law Ruling

    MGM Resorts International on Wednesday asked the Second Circuit to rethink nixing its challenge to a Connecticut law that kicked off a process for the tribes behind Foxwoods Resort and Mohegan Sun to open a third casino in the state, saying that the ruling clashes with high court precedent.

  • July 19, 2017

    9th Circ. Revives Calif. Tribal Officer Prosecution Fight

    The Ninth Circuit on Wednesday revived the Bishop Paiute Tribe’s lawsuit seeking to resolve a dispute with a California county about the tribe’s law enforcement rights, finding that a lower court should not have thrown the case out on jurisdictional grounds.

  • July 19, 2017

    NCAI, Law Profs Back Tribes' Bid To Revisit Border Ruling

    The National Congress of American Indians and a group of law professors have separately backed two Wyoming tribes’ bid to have the Tenth Circuit reconsider its ruling that their shared reservation had been diminished, saying that the ruling flies in the face of long-standing and recently reaffirmed U.S. Supreme Court precedent.

  • July 19, 2017

    Native American School, Feds Duck Student's Title IX Claims

    A Kansas federal judge nixed a lawsuit Tuesday alleging that the federally owned Haskell Indian Nations University prodded a male student to make a baseless complaint against a female student so it could push her out amid criminal trials concerning her claims that two of its football players raped her.

  • July 19, 2017

    10th Circ. Backs Nixing Of NM Tribal Road Dispute

    The Tenth Circuit on Wednesday upheld the dismissal of a suit by New Mexico landowners over a Bureau of Indian Affairs letter that supported the San Ildefonso Pueblo’s right to deny them the use of roads leading to their property, saying the group didn't raise a dispute that the court could settle.

  • July 19, 2017

    Tribal Election Won't Be Halted For Would-Be Candidate

    A North Dakota federal judge on Tuesday refused to block the Standing Rock Sioux tribe from conducting an election in light of a tribe member’s claims that the tribe has flouted his rights by rebuffing his efforts to run for tribal chairman.

  • July 18, 2017

    Wyoming Looks To Defend Lift Of Federal Coal Moratorium

    The state of Wyoming pushed Tuesday to step into a challenge to Interior Secretary Ryan Zinke’s decision to lift the moratorium on the federal coal-leasing program imposed last year so that it can defend against seeing the freeze reinstated.

  • July 18, 2017

    10th Circ. Partly Revives Contractor's Racial Bias Claims

    The Tenth Circuit affirmed Tuesday that a contractor didn’t have to face racial discrimination claims by a Native American-owned subcontractor on a Colorado county construction project, but said a lower court wrongly threw out a claim that the previous lead contractor on the job had a part in the subcontractor's firing.

  • July 18, 2017

    NM's Moves Don't Violate Indian Gaming Law: 10th Circ.

    A divided Tenth Circuit on Tuesday upheld a New Mexico federal court ruling that the state's alleged punishment of the Pueblo of Pojoaque's casino vendors for working with the tribe wasn't illegal, saying federal gaming law doesn't preempt state law in the case.

  • July 18, 2017

    EPA Approves Limits On Mercury In California Waters

    The U.S. Environmental Protection Agency announced Tuesday the approval of new water quality criteria developed by the California State Water Resources Control Board limiting the allowable mercury levels in the tissue of fish caught for non-commercial purposes, and giving municipal and industry polluters a timetable for meeting the stricter standards.

Expert Analysis

  • The Elephant In The Room: Advancing Women To Partnership

    Anusia Gillespie

    Despite more focus and investment, the numbers continue to show little progress in advancing women to the top tiers of firm leadership. Considering the irreversible nature of the transformation of the market for top talent, it is time to start experimenting and innovating from the core, rather than from the periphery, say Anusia Gillespie and Scott Westfahl of Harvard Law School.

  • How Midsize Law Firms Can Minimize Cybersecurity Threats

    K. Stefan Chin

    It can be challenging for midsize law firms to develop an enterprise cybersecurity program that mitigates the eminent threat of data breach and meets the regulatory and compliance requirements of the firm and its clients. This challenge becomes daunting when considering the steady rise in client audits, say K. Stefan Chin of Peckar & Abramson PC and John Sweeney of Logicforce.

  • Weekly Column

    Innovating For Wise Juries: Matching Experts

    Stephen Susman

    In the penultimate installment of this series, Stephen Susman, Richard Lorren Jolly and Dr. Roy Futterman of the NYU School of Law Civil Jury Project answer a question on many legal analysts’ minds: What if both sides’ expert witnesses sat in a hot tub discussing the case while a jury watched?

  • Rebuttal

    The Rise Of Midsize Firms

    Ronald Shechtman

    Recently, this publication featured an op-ed in which one law firm partner contended that midsize firms will be the next casualty of the legal market, due to a supposed inability to compete with BigLaw or boutique firms for business. Though we can expect to see Am Law firms continue to lead the market in megadeals and life-or-death litigations, by all indications midsize is on the rise, says Ronald Shechtman of Pryor Cashman LLP.

  • 5 Questions To Ask Yourself Before Submitting Litigation AFA

    Gregory Lantier

    Outside counsel should be able to articulate why she is proposing an alternative fee arrangement for this matter. If the client has not requested an AFA or the case is unusually difficult to budget with accuracy, this might not be the case to propose an AFA, say attorneys with WilmerHale.

  • How Mobile Apps Can Benefit Your Practice

    Sean Cleary.jpg

    Despite the boom in mobile application development, many lawyers are still reluctant when it comes to using apps in their daily work. Attorney Sean Cleary explores the benefits and shares some recommendations for apps geared toward attorneys.

  • Rebuttal

    The Future Of Litigation Finance Is Analytics

    Eva Shang

    In a recent Law360 guest article, Christopher Bogart of Burford Capital LLC claimed that "while theoretically well designed to find the proverbial needle in a haystack, big data and AI currently lack the ability to do so usefully in a commercial litigation financing context." But AI can manage many of the tasks that litigation financiers would otherwise perform, says Eva Shang, co-founder of Legalist Inc.

  • 2 Bills Would Help Level Playing Field For Tribal Governments

    Kathleen Nilles

    Notwithstanding the fact that Indian tribal governments are recognized sovereign entities by the United States, they are frequently treated less favorably than their state and local government counterparts. This is particularly true with respect to their tax treatment under IRS rulings and the Internal Revenue Code. In the past month, however, Congress has introduced two bills that promote parity for tribal governments, say members... (continued)

  • Where AI Meets Cybersecurity And The Legal Profession

    Randy Sabett

    Artificial intelligence and machine learning will continue to be a major focus for the legal community, whether as an isolated topic, as it intersects with cybersecurity, or within the legal profession itself. Each of these raises unique concerns for attorneys, says Randy Sabett, vice chair of Cooley LLP's privacy and data protection practice group.

  • Weekly Column

    Innovating For Wise Juries: Interim Arguments

    Roy Futterman

    By allowing attorneys to summarize what has just occurred in testimony and how it fits into the wider case narrative, courts can substantially improve juror comprehension through every step of a trial. Yet interim arguments are not practiced regularly, say Stephen Susman, Richard Lorren Jolly and Dr. Roy Futterman of the NYU School of Law Civil Jury Project.