Native American

  • February 17, 2017

    Calif., Tribes Look To End Gambling Pact End Date Suit

    Two California tribes and the state argued in federal court Thursday over whether a contract provision establishing expiration dates for the tribes' gaming deals thwarts the purposes of the Indian Gaming Regulatory Act, as both sides look for quick wins in the tribes' suit to invalidate the provision.

  • February 17, 2017

    Army Corps Says Pipeline Camp Cleanup Needs To Speed Up

    The U.S. Army Corps of Engineers said in a statement Thursday that the cleanup of North Dakota camps used by opponents of the Dakota Access pipeline isn’t on track to be finished before the agency fully closes the camps on Feb. 22.

  • February 17, 2017

    Ex-Tribal Officials Slam Stay Terms In $6M Embezzlement Row

    Former Paskenta Band of Nomlaki Indians officials accused by the tribe of a wide-reaching $6 million embezzlement scheme continued Thursday to press a California federal court to pause the dispute while related criminal charges against some of them are resolved, blasting the tribe’s request that certain conditions be imposed on such a pause.

  • February 17, 2017

    Penobscot, Feds, Maine Spar Over River Rights At 1st Circ.

    The Penobscot Nation and federal government urged the First Circuit Thursday to undo a lower court’s conclusion that the tribe’s reservation includes the islands but not the water in part of the Penobscot River, while the state of Maine pressed the appellate court to stay firm.

  • February 17, 2017

    Tribes Won't Be Bullied On Border Wall, Ariz. Lawmaker Says

    Rep. Raul Grijalva, D-Ariz., on Thursday praised a National Congress of American Indians resolution opposing President Donald Trump’s proposed wall on the U.S.-Mexico border unless tribes agree to the project, saying the resolution shows Native Americans “will not be bullied” by the administration.

  • February 17, 2017

    Senate Confirms Pruitt As EPA Chief

    Scott Pruitt, a frequent critic and legal opponent of the U.S. Environmental Protection Agency during the Obama administration, was narrowly confirmed Friday by the Senate as the EPA’s administrator, a development that heralds a rollback of several of Obama’s regulatory initiatives.

  • February 16, 2017

    Sioux Official, Dakota Access Exec Trade Blows Over Pipeline

    A Standing Rock Sioux Tribe official and an executive for the Energy Transfer Partners unit behind the Dakota Access pipeline gave dueling accounts of the history of the project to a House subcommittee on Wednesday, as the tribe battles a recent federal decision that paves the way for its completion.

  • February 16, 2017

    More Ex-EPA Employees Pile On Anti-Pruitt Bandwagon

    The number of former U.S. Environmental Protection Agency employees opposed to the confirmation of Oklahoma Attorney General Scott Pruitt as EPA administrator has risen to more than 700, the Environmental Integrity Project said Thursday.

  • February 16, 2017

    FedEx Can Seek Documents On Illegal Cigarette Shipping

    FedEx can seek documents from New York City it believes may shield the company from claims it illegally and knowingly delivered untaxed cigarettes from a Long Island Native American reservation to the Big Apple, a New York federal judge has ruled.

  • February 16, 2017

    Hospital To Pay $1M For Toddler's Accidental Morphine OD

    An Oklahoma federal judge on Wednesday ordered the Chickasaw Nation Medical Center to pay $1 million to the parents of a 2-year-old who was discharged from the hospital too soon after accidentally ingesting his grandmother’s morphine pills and later died, concluding the doctor in charge didn’t meet national standards of care.

  • February 16, 2017

    Gorsuch Nomination Hearings To Kick Off In March

    Opening statements in a hearing on Judge Neil Gorsuch’s nomination to the U.S. Supreme Court will begin on March 20, with questioning of the associate justice-designate commencing the following day, Senate Judiciary Committee Chairman Chuck Grassley said Thursday.

  • February 16, 2017

    Idaho Tribes Slam Bill To Shut Down Gambling Machines

    The Shoshone-Bannock Tribes on Wednesday slammed a bill proposed in the Idaho House of Representatives that would ban tribal video gaming machines in the state, saying the bill would illegally change their deal with Idaho to conduct gambling and likely violate the state constitution.

  • February 16, 2017

    Landowners, Sierra Club Lose Challenge To Iowa DAPL Permit

    A state judge ruled against a number of landowners and the Sierra Club Wednesday in a dispute challenging the Iowa Utilities Board’s grant of a permit to Dakota Access LLC for its controversial $3.8 billion, 1,172-mile crude oil pipeline.

  • February 15, 2017

    Calif. County Can Fight Tribal Casino, DC Circ. Told

    A California county has urged the D.C. Circuit to allow it to challenge a U.S. Department of the Interior decision backing a proposed tribal casino, arguing that it had retained the right to oppose the project.

  • February 15, 2017

    Calif. Tribe Asks To Join County-BIA Suit Over Trust

    The Santa Ynez Band of Chumash Indians asked a California federal court Tuesday to let it intervene in Santa Barbara County's lawsuit challenging the Bureau of Indian Affairs' decision to take more than 1,400 acres of land into trust for the tribe, saying the matter is “of extraordinary importance” to it.

  • February 15, 2017

    Nooksack Tribe Accuses Feds Of Illegally Denying Funding

    The Nooksack Indian Tribe has hit the U.S. Department of the Interior with a lawsuit claiming the federal government has improperly withheld nearly $14 million in funding it owes under contracts with the tribe because the DOI wrongly found the tribe's governing council lacked a quorum.

  • February 15, 2017

    Conn. Claims Immunity Against Tribe's $610M Suit

    The state of Connecticut urged a state court Tuesday to toss a $610 million lawsuit brought by the Schaghticoke Tribal Nation seeking compensation for the alleged unconstitutional taking of the tribe’s land and mismanagement of its funds, saying the state’s sovereign immunity blocks the suit and it’s not clear the plaintiff has standing to represent the tribe.

  • February 15, 2017

    GAO Targets 34 Areas Of Concern In Federal High Risk List

    The U.S. Government Accountability Office released a new list of “high risk” federal programs particularly susceptible to fraud, abuse or mismanagement on Wednesday, adding various Native American programs, environmental liabilities and the upcoming census to the list while removing programs for managing terrorism-related information.

  • February 15, 2017

    Standing Rock Says Corps Broke Law With Pipeline OK

    The Standing Rock Sioux Tribe asked a D.C. federal court Tuesday to rule that the U.S. Army Corps of Engineers flouted federal law by giving Dakota Access LLC the final approval needed for its controversial $3.8 billion, 1,172-mile crude oil pipeline and axing a planned environmental review.

  • February 14, 2017

    House OKs Bill Letting Texas, Okla. Set Red River Land Fate

    Texas and Oklahoma could soon determine their own borders — and the fate of 30,000 acres claimed as federal land — if the Senate takes up a bill the House passed Tuesday to mandate the federal government accept a survey of the Red River commissioned by the states.

Expert Analysis

  • In Retrospect

    Relearning The Lessons Of Korematsu's Case

    Randy Maniloff

    Fred Korematsu’s U.S. Supreme Court case challenging President Franklin Roosevelt’s executive order that led to the incarceration of approximately 120,000 people of Japanese ancestry may sound like ancient history. However, Feb. 19 marks the 75th anniversary of the order's signing, and that it’s celebrating its diamond anniversary now is breathtaking timing, says Randy Maniloff of White and Williams LLP.

  • How A General Counsel Should Think About AI: Part 2

    Bruce J. Heiman

    General counsels face the challenging task of understanding how companies can navigate the rules surrounding uses of artificial intelligence. To get smart on AI, general counsels must ask the right questions about areas such as human resources, intellectual property, liability and insurance, say Bruce Heiman and Elana Reman of K&L Gates LLP.

  • How A General Counsel Should Think About AI: Part 1

    Bruce J. Heiman

    Though the Trump administration has yet to make an official statement regarding artificial intelligence, support for AI is consistent with its expressed desire to promote American business. As such, general counsel will inevitably have to navigate what big data and AI mean for compliance with current and future laws and regulations, say Bruce Heiman and Elana Reman of K&L Gates LLP.

  • Saving Lawyers 1 Less Drink At A Time

    Jennifer Gibbs

    Lawyers are likely turning to alcohol to lessen stress and anxiety, to socialize, and even to sleep better. Unfortunately, many are unaware that their nightly pour could be causing or exacerbating the anxiety that is plaguing the legal profession, says Jennifer Gibbs of Zelle LLP.

  • Opinion

    Lawyers Cannot Stay Silent While Trump Belittles The Courts

    Alexandra Wald

    This is not the first time that a president has criticized the judiciary. But what is unique about President Donald Trump's attacks is that they target not just a specific decision, but the judiciary and its decision-making power altogether. Every lawyer, regardless of political persuasion, must speak up, says Alexandra Wald of Cohen & Gresser LLP.

  • Marketing Basics For Solo Practitioners And Small Law Firms

    Matthew Horn

    There is no question that solo practitioners and small law firms need to spend the majority of time on legal work, but in order to achieve sustainable growth, marketing should not be a secondary task “put-off” until you have some free time, says Matthew Horn, founder of Legal Services Link LLC.

  • Law Firm Margin Improvement: The Long Game

    Jack Diggle

    For all the lessons learned since 2008, it's surprising that margin management remains so tactical, rather than an ongoing strategic endeavor, for law firms. The firms that will survive and thrive must invest in ongoing margin-improvement capability, which will combine enhanced business- and change-management skills and take a long-term view to drive out the more difficult changes, says Jack Diggle of Elevate Services Inc.

  • 2017 Check-Up: Is Your Law Firm Positioned For Success?

    William G. Johnston

    Over the next few weeks, a slow trickle of news about one measure of law firm success — law firm financial results — will gradually become a flood as more firms open up about their performance in 2016. Law firm leaders would be wise to focus on nine factors that determine success, says law firm management consultant William Johnston.

  • The Missing Key To 3rd-Party Litigation Funding

    Tripp Haston

    Unlike other forms of commerce and unlike in other nations, litigation investment and funding in the U.S. is largely unregulated with few disclosure requirements. Where darkness exists, ignorance and mistrust breed. Disclosure and transparency in litigation investment and funding is the first and proper step to better understand this opaque dynamic in the U.S. civil justice system, says Tripp Haston of Bradley Arant Boult Cummings LLP.

  • Opinion

    President Trump's Pipeline Memos Send The Right Message

    John Povilaitis

    Regardless of the final outcome of the Keystone XL and Dakota Access projects, President Trump’s pipeline memorandums send an appropriate message that failure to timely review and make balanced regulatory decisions on energy project proposals is unacceptable, say John Povilaitis and Alan Seltzer of Buchanan Ingersoll & Rooney PC.