Native American

  • January 20, 2017

    Feds Order Inspection Of Disputed Alaska Mining Permits

    The Office of Surface Mining Reclamation and Enforcement on Wednesday ordered an inspection of state permits belonging to a company for a planned coal strip mine in Alaska, permits that a tribe and environmental groups have successfully challenged as invalid in federal court.

  • January 20, 2017

    BIA Launches Tribal Youth Meth Prevention Program

    The Bureau of Indian Affairs on Thursday announced a multi-agency program called “Culture and Meth Don’t Mix,” which it said is aimed at facilitating a “culturally appropriate” method for preventing methamphetamine use among Native American youth through a mixture of interagency and community participation.

  • January 20, 2017

    Tribal Lenders Must Respond To CFPB Probe, 9th Circ. Says

    A Ninth Circuit panel on Friday affirmed a district court decision compelling three tribal lending entities to comply with civil investigative demands issued by the Consumer Financial Protection Bureau, holding that Congress didn’t expressly exclude from the bureau’s enforcement authority the tribes that told the entities not to respond to the demands.

  • January 20, 2017

    Fla. Appeals Judge's Seminole Card Game Ruling

    The state of Florida on Thursday said it was appealing a November ruling that the Seminole Tribe of Florida can continue to offer card games such as blackjack for the remainder of a gambling deal it inked with the state.

  • January 20, 2017

    Tribe Seeks Clarity On Order In Wash., County Tax Row

    The Tulalip Tribes on Thursday asked a Washington federal judge to clarify her order that largely ruled against the state of Washington and Snohomish County in a dispute over taxes on reservation lands, seeking confirmation that the order did not weigh the balance of federal, tribal and state interests.

  • January 19, 2017

    The Lawyer Who Will Shape Trump’s Presidency

    Jones Day’s Donald McGahn is stepping into the role of White House counsel, a powerful but little-understood position that has a strong history of impacting the president’s authority.

  • January 19, 2017

    In The Polarized Era Of Trump, BigLaw Searches For Balance

    The alignment of law firms with or against the new administration in legal battles to come could open rifts among attorneys and clients. But the publicity earned for taking on a potentially unpopular case could ultimately be worth any public fallout.

  • January 19, 2017

    Rolling Back Regulation In The Age Of Trump

    The incoming president’s plans to rein in the power of federal agencies will lead to uncertainty for lawyers and their clients as pending investigations and rulemaking are stopped in their tracks.

  • January 19, 2017

    Most Influential Judges On Trump’s Supreme Court Short List

    A new look at the potential U.S. Supreme Court nominees’ rulings reveals a ranking of judicial influence with some surprises at the top — and at the bottom.

  • January 19, 2017

    Calif. Tribes Press To Block Feds' Control Of Water Project

    Two California tribes again urged a federal judge Wednesday to halt the U.S. Bureau of Reclamation's operation of an irrigation project, saying that allowing the agency to maintain control could cause irreparable harm to salmon that are vital to the tribes.

  • January 19, 2017

    DC Circ. Tosses, Remands Standing Rock's Injunction Appeal

    The D.C. Circuit on Wednesday tossed the Standing Rock Sioux Tribe’s challenge of a decision rejecting its bid to block construction on the controversial $3.8 billion Dakota Access pipeline, finding the appeal moot, but telling a lower court to consider vacating the disputed decision.

  • January 19, 2017

    FedEx Gets OK To Fight Privilege Claims In Tobacco Suit

    FedEx Ground was granted permission by a New York federal judge Thursday to file a motion challenging assertions of privilege made by New York state officials on nearly 400 documents the shipper says it needs to defend allegations it made illegal shipments of untaxed cigarettes.

  • January 19, 2017

    Jason Galanis Pleads Guilty In $60M Tribal Bond Scheme

    Inveterate white collar fraudster Jason Galanis faces up to 30 years in prison after pleading guilty in a New York federal court Thursday to securities fraud and conspiracy charges and hopes, while he’s awaiting sentencing, to be able to keep teaching business courses to fellow inmates.

  • January 19, 2017

    Tribal Justice Grant Program Beset With Delays, DOJ Says

    A watchdog of the U.S. Department of Justice has found some ineffective coordination between the office that administers a program that provides grants for the construction of tribal justice facilities and the bureau responsible for funding those facilities’ operations, resulting in delays in the completion of those projects, the office said Thursday.

  • January 19, 2017

    Tribal Group Asks 9th Circ. To Undo Gov't Highway Win

    The Gila River Indian Community on Wednesday filed an opening brief with the Ninth Circuit asking the appeals court to overturn a ruling that federal and state agencies took no shortcuts on environmental reviews when approving a Phoenix-area highway project, alleging the agencies violated the National Environmental Policy Act.

  • January 18, 2017

    Feds Look To Nix Senecas' Health Care Funding Suit

    The U.S. Department of Health and Human Services urged a D.C. federal judge Tuesday to toss a suit by the Seneca Nation of Indians seeking $4.7 million in federal funding for tribe-administered health programs, saying the tribe’s claims can’t be considered until a related case is resolved.

  • January 18, 2017

    Navajo Nation Wants To Get Land Use Suit Out Of State Court

    The Navajo Nation pressed a New Mexico federal court on Wednesday to rule that a state court lacks jurisdiction over a dispute accusing a tribe member of interfering with the use of an irrigation ditch on his property.

  • January 18, 2017

    EPA Reaches $600M Mine Fix Deal With Freeport-McMoran

    Two subsidiaries of mining company Freeport-McMoRan Inc. agreed Tuesday in Arizona federal court to pay roughly half the cost of a $600 million settlement with the U.S. Environmental Protection Agency over the cleanup of 94 abandoned uranium mines on Navajo Nation land in the Southwest.

  • January 18, 2017

    Army Gets OK For Enviro Review Of Dakota Access Pipeline

    The U.S. Army said Wednesday it will prepare a new environmental impact statement to consider Dakota Access LLC’s bid to complete construction of its pipeline under Lake Oahe in North Dakota, as a D.C. federal judge rejected the company’s bid to block the publication of the Army’s plans in the Federal Register.

  • January 18, 2017

    Justices Skeptical That Offensive TM Ban Is Constitutional

    The U.S. Supreme Court heard arguments Wednesday in the high-profile battle over the federal government’s ban on offensive trademark registrations, at times sounding highly skeptical that the rule passes muster under the First Amendment.

Expert Analysis

  • How Litigation Funding Is Bringing Champerty Back To Life

    John H. Beisner

    While some courts have declined to apply the common-law doctrine of champerty to invalidate third-party litigation funding agreements, two recent rulings by appellate courts in New York and Pennsylvania have brought renewed attention to champerty principles, casting doubts on the legality of certain forms of third-party litigation funding, say John Beisner and Jordan Schwartz of Skadden Arps Slate Meagher & Flom LLP.

  • Attracting And Retaining The Millennial Lawyer

    Christopher Imperiale

    Instead of trying to change the new workforce to follow a law firm's existing processes and procedures, perhaps it's time for firms to start changing their processes and procedures to better accommodate the mentality of this next generation of lawyers, says Christopher Imperiale, a law firm adviser with Berdon LLP.

  • A Look At The Next 4 Years In Indian Affairs

    Matthew L.M. Fletcher

    The three previous Republican administrations can be characterized by negative views about federal public lands and federal trust responsibility to Indians and tribes. If more of the same can be expected from the new administration, Indian tribes will have to play defense against federal interventions in their affairs, says Matthew Fletcher of Michigan State University College of Law.

  • It’s Time To Change The Law Firm Business Model

    Lucia Chiocchio

    Every year, statistics reveal very little change in the number of women and minorities in the ranks of partnership. So how do law firms change this painfully slow rate of progress? It takes more than adding a diversity policy or a women’s leadership program to the current law firm business model, says Lucia Chiocchio, co-chair of Cuddy & Feder LLP's telecommunications and land use, zoning & development groups.

  • Tribal Treaty Rights And Public Interest: Showdown In ND

    Lael Echo-Hawk

    Following the Obama administration's refusal to issue a required permit for the Dakota Access pipeline, the matter is far from resolved. However, regardless of the ultimate outcome, the world is now better educated about Native American issues, and the government has shown a willingness to fulfill its legal obligations, says Lael Echo-Hawk of Hobbs Straus Dean & Walker LLP.

  • Amended Rule 37(e): 1 Year Later

    Samantha Southall

    After a full year in effect, the amended Federal Rule of Civil Procedure 37(e) has been tested in a variety of district courts. A sampling of these decisions reveals that courts seem to be adhering closely to the amended rule and ordering adverse inference instructions only where there was intent to deprive another party of access to relevant information, say Carrie Amezcua and Samantha Southall of Buchanan Ingersoll & Rooney PC.

  • Avoiding The Hidden Costs Of Bargain-Priced E-Discovery

    Michael Cousino

    Many organizations are interested in finding electronic discovery partners who offer tantalizingly low prices for electronic discovery services. However, unforeseen gaps, lax security practices, ignorance of global practices and delayed deliverables can all add up to a surprisingly large final cost, says Michael Cousino of Epiq Systems.

  • Native American Cases To Watch In 2017

    Thomas F. Gede

    The current eight-member U.S. Supreme Court will examine two Native American cases early this year, and may hear additional cases following the confirmation of a ninth justice. Thomas Gede of Morgan Lewis & Bockius LLP discusses the most important cases to pay attention to, including Lewis v. Clarke and Lee v. Tam.

  • Saving Lawyers 1 Breath At A Time: Mindfulness In The Law

    Jennifer Gibbs

    As critical as lawyers are to society, they are reported to be the most frequently depressed occupational group in the United States. In response to the inherently stressful nature of the practice of law, more and more lawyers are turning to an ancient contemplative practice called “mindfulness,” says Jennifer Gibbs of Zelle LLP.

  • Understanding How Blockchain Could Impact Legal Industry

    R. Douglas Vaughn

    Blockchain is essentially a computerized public ledger that can apply to almost anything that a person might save into a database or spreadsheet. This versatile technology may enhance the legal industry by providing an improved record keeping system, setting up "smart contracts" and tracking intellectual property and land records, say R. Douglas Vaughn and Anna Outzen of Deutsch Kerrigan LLP.