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Native American

  • June 20, 2018

    Tribe Can't Get Judge To Declare Federal Recognition

    The Chinook Indian Nation on Wednesday lost its bid for a Washington federal court to declare it a federally recognized tribe, with a judge saying the court can't go around the federal acknowledgment procedure without "a clear delegation of authority from Congress," but otherwise keeping the tribe's case against the government intact.

  • June 20, 2018

    Atty Picked For EPA Office Will Recuse From Dow Cleanups

    The Dow Chemical Co. managing counsel selected by President Donald Trump to lead the U.S. Environmental Protection Agency’s emergency management office on Wednesday told senators he will recuse himself from issues surrounding nearly 200 Superfund sites his employer is involved in.

  • June 20, 2018

    Allergan Denies Delaying Restasis Generic In Bid To Stop MDL

    Allergan Inc. asked a New York federal court to throw out multidistrict litigation over its alleged effort to delay the launch of a generic version of Restasis, the company’s dry-eye medication, saying there’s no evidence its actions caused a generic not to be approved.

  • June 20, 2018

    Think Finance Gets Support On Bid To Dismiss CFPB Suit

    The Native American Financial Services Association and the state of Oklahoma have thrown their support behind Think Finance LLC's bid to shake a Consumer Financial Protection Bureau suit accusing the financial technology company of duping borrowers and using sham tribal payday lenders to collect money it wasn't owed.

  • June 20, 2018

    Gov't's 'Sense of Urgency' Questioned In Tribal Gambling Row

    A D.C. federal judge gave the Trump administration a few extra days to respond to the Fort Sill Apache tribe's bid for documents in a fight over a rejected bid with the National Indian Gaming Commission to host gambling on its land, warning Wednesday it will be the last extension and questioning the government's "sense of urgency" in the case.

  • June 19, 2018

    Apache Tribe's Forest Mismanagement Claims Revived

    A U.S. Court of Federal Claims judge revived claims in the White Mountain Apache Tribe's suit alleging the federal government mismanaged reservation forests, saying Tuesday the tribe may be able to show that time hadn't run out for it to challenge certain actions by the government under a 2005 forest management plan.

  • June 19, 2018

    Tribe Sues Contractor Over Alleged Hydro Project Delays

    The Native Village of Chignik Lagoon hit Orion Marine Contractors Inc. and Liberty Mutual with a lawsuit in Alaska federal court Monday over the contractor's allegedly late and deficient construction work on a hydroelectric project.

  • June 19, 2018

    Cherokee Nation Sues Purdue Pharma Over Opioids In Okla.

    The Cherokee Nation on Tuesday headed to Oklahoma state court with a bid to hold Purdue Pharma accountable for its alleged role in an explosion of opioid abuse among tribe members, saying that hundreds of its citizens have died from opioid-related causes.

  • June 19, 2018

    White House Mulling Big NEPA Changes

    The Trump administration said Tuesday it was considering major changes in how the nation’s cornerstone environmental law is implemented with an eye toward streamlining permitting processes, prompting howls of criticism from green groups.

  • June 19, 2018

    9th Circ. Won't Revive Wash. Tribe's Hunting Grounds Suit

    A Ninth Circuit panel on Monday declined to reinstate the Skokomish Indian tribe's suit accusing Suquamish tribe officers of encroaching on its hunting grounds, agreeing with a lower court that the suit failed to include crucial parties.

  • June 19, 2018

    A Chat With Holland & Knight CFO Mia Stutzman

    In this monthly series, legal recruiters at Major Lindsey & Africa interview management from top law firms about navigating an increasingly competitive business environment. Here we feature Mia Stutzman, chief financial officer at Holland & Knight LLP.

  • June 18, 2018

    GCs Tackle Law Firm Culture In Diversity Push

    Following an American Bar Association pledge, in-house attorneys are taking a harder line in demanding diversity from their outside counsel, and they're seeking to play a larger role in the workings of the law firms they hire.

  • June 18, 2018

    The Hurdles Facing BigLaw’s Minority Women

    We asked BigLaw for data on female minority lawyers for the first time this year, and the results show an industry that is failing to attract and retain them. Here’s a look at the challenges facing these attorneys — and how a few firms are defying the norm.

  • June 18, 2018

    The Best Firms For Minority Equity Partners

    The legal industry is making sluggish gains when it comes to attracting and retaining attorneys of color, but this select group of firms is taking broader strides to diversify at the top.

  • June 18, 2018

    Ariz. Tribe Probes Border Patrol's Collision With Member

    The Tohono O'odham Nation announced Friday that its police department is investigating an incident in which a U.S. Border Patrol vehicle in Arizona knocked down a member of the tribe, who was filming the episode, and then drove away.

  • June 18, 2018

    Utah Judge Rebuffs Ute Tribe's Stay Bid In Contract Row

    A Utah federal judge on Friday rejected the Ute Indian Tribe’s bid to stay a ruling that the tribe’s contract dispute with a former employee must be heard in state court rather than tribal court, saying the tribe isn’t likely to win in its appeal to the Tenth Circuit.

  • June 18, 2018

    Calif. Tribe Asks 9th Circ. To Revisit DOI Casino Land Ruling

    The Cachil DeHe Band of Wintun Indians of the Colusa Indian Community urged the Ninth Circuit on Friday to rethink its ruling backing the U.S. Department of the Interior’s decision to acquire land for another California tribe’s casino project, saying the DOI gave preferential treatment to the other tribe in its review process.

  • June 18, 2018

    In Their Own Words: Minority Partners On Reaching The Top

    Despite decades of industrywide initiatives, movement up the ladder has stagnated for minority lawyers. Here, five industry success stories tell Law360 about the paths they took and what needs to change in BigLaw.

  • June 18, 2018

    High Court To Consider Feds' Hovercraft Ban In Alaska Again

    The U.S. Supreme Court agreed on Monday to review a Ninth Circuit ruling holding that the National Park Service has the right to enforce its hovercraft ban on an Alaska river, setting the high court up to consider the dispute for the second time.

  • June 18, 2018

    Tribes Want Indian Child Welfare Act Challenge Nixed

    The Cherokee Nation and other Native American tribes on Friday asked for a quick win in a suit from various states and some foster families challenging the Indian Child Welfare Act, saying the parties bringing the suit are trying to undo decades of progress.

Expert Analysis

  • #MeToo At Law Firms And What We Can Do About It

    Beth Schroeder.JPG

    While some may say it’s ironic, it’s also embarrassing and enraging that the very industry that offers anti-harassment training, policies and counsel now finds itself the subject of #MeToo headlines. The American Bar Association recommendation that will bring about the greatest change is the call to provide alternative methods for reporting violations, says Beth Schroeder, chair of Raines Feldman LLP's labor and employment group.

  • Knowledge Lawyers Can Help Firms Stay Ahead Of The Curve

    Vanessa Pinto Villa

    In a profession notoriously averse to change, it should come as no surprise that there is skepticism about the value of having attorneys perform nonbillable tasks. But U.S. law firms have slowly begun to incorporate knowledge lawyers into their operations — and the trend is likely to continue, says Vanessa Pinto Villa of Hogan Lovells.

  • Wash. Tribes' High Court Win Raises Treaty Rights Concerns

    Lee Redeye

    Last week, the U.S. Supreme Court affirmed a major win for Washington tribes in Washington v. United States. However, the nature of the Supreme Court's affirmation — a 4-4 split without a written decision — means that its precedential value is questionable, says Lee Redeye of Lippes Mathias Wexler Friedman LLP.

  • An Unprecedented Look Inside The FARA Unit

    Brian Fleming

    For close observers of the Foreign Agents Registration Act, the June 8 release by the U.S. Department of Justice of over 50 FARA advisory opinions was a watershed. These opinions offer an unprecedented glimpse into how the FARA Registration Unit interprets the law, say Brian Fleming and Andrew Herman of Miller & Chevalier Chtd.

  • Why Lawyers Shouldn't Accept Fees In Cryptocurrency: Part 2

    John Reed Stark

    The legal industry has already begun to feel the impact of anti-bribery and anti-money laundering requirements. When involved with cryptocurrency trading and remittance, law firms face more than the risk of being perceived as organizations that support money laundering practices, says John Reed Stark of John Reed Stark Consulting LLC.

  • High Court Passes On New Chance To Clarify CWA Confusion

    Andrea Driggs

    With its recent decision in Hughes v. United States, the U.S. Supreme Court has passed on an opportunity to shed light on its prior rulings on the statutory reach of the federal Clean Water Act, long a source of confusion for lower courts and litigants alike, say Andrea Driggs and Christopher Thomas of Perkins Coie LLP.

  • Why Lawyers Shouldn't Accept Fees In Cryptocurrency: Part 1

    John Reed Stark

    Law firms are increasingly accepting cryptocurrency as payment for services. While this might seem innovative and forward-thinking, ironically it is much more of a throwback, says John Reed Stark of John Reed Stark Consulting LLC.

  • Impediments To Legal Industry's 'Inevitable' Future: Part 2

    Craig Levinson

    I agree with the legal pundits speculating that NewLaw’s present and future disruptors will radically change the legal services industry, but that change may not come quite as rapidly as predicted. Regardless, now is the time for both the incumbents and the challengers to best position themselves for the eventual shakeup, says Craig Levinson, founder of Levity Partners.

  • Opinion

    Exempt Indian Country From The 'Kiddie Tax'

    Nicole Elliott

    Congress should move to exclude the transfer of tribal funds to young tribal members from being taxed under the "Kiddie tax," a tax instated in 1986 and amplified by the Tax Cuts and Jobs Act, say attorneys at Holland & Knight LLP.

  • Impediments To Legal Industry's 'Inevitable' Future: Part 1

    Craig Levinson

    Legal pundits continue to make predictions that newer entrants into the industry — NewLaw firms, the Big Four and alternative legal service providers — will progressively seize greater amounts of market share from traditional law firms. But the BigLaw response has been underwhelming at best, and a glimpse at the market forces puts its lack of urgency into perspective, says Craig Levinson, founder of Levity Partners.