Native American

  • June 01, 2020

    FCC Eases Rules For Providing Subsidized Tribal Broadband

    The Federal Communications Commission in an order Monday made it easier for low-income consumers living on rural tribal lands to obtain discounts on broadband internet and phone services during the coronavirus pandemic.

  • June 01, 2020

    Tribe Can't Block Irrigation Plan In Its Bid To Protect Salmon

    A California federal judge has rejected the Yurok Tribe's bid to lift a stay in a suit against the federal government seeking to protect a salmon species from the impacts of an irrigation project in the Klamath River.

  • June 01, 2020

    Tribes, Treasury Seek Wins In COVID-19 Funding Row

    The Treasury Department and federally recognized tribes have asked a D.C. federal judge for quick wins in the tribes' suits against the government seeking to block Alaska Native corporations from receiving millions of dollars in federal COVID-19 relief, battling over whether the companies qualify for the funds under the CARES Act.

  • June 01, 2020

    EPA Defends Easing Pollution Enforcement Policy For Virus

    The U.S. Environmental Protection Agency told a federal court that environmental groups suing it for relaxing how it handles pollution standards noncompliance during the coronavirus outbreak are seeking unreasonable relief for a hypothetical injury.

  • June 01, 2020

    EPA Finalizes Restraints On State, Tribal Water Permit Power

    The U.S. Environmental Protection Agency on Monday hobbled the authority of states and tribes to block projects like pipelines, export terminals and dams over Clean Water Act concerns, saying the power had been abused to unfairly restrict commerce.

  • May 29, 2020

    Native American Tribes Sue Feds Over Keystone Pipeline

    Two Montana-based Native American tribes filed a lawsuit against the U.S. government on Friday challenging the approval of an oil pipeline being built near the Fort Peck Indian Reservation, claiming federal agencies failed to consider how the project would impact the tribes.

  • May 29, 2020

    Dems Upbeat On Prospects For Stalled Broadband Bills

    House and Senate Democrats have high hopes for passing a bevy of broadband expansion bills, whether or not they're officially rolled into the next coronavirus rescue package, two Hill staffers told Law360 during a virtual panel event on Friday.

  • May 29, 2020

    Lawmakers Say DOI's Trust Decision 'Infringed' On Congress

    The U.S. Department of the Interior exceeded its lawful powers when it revoked trust land from a Massachusetts tribe in March, a bipartisan group of members of Congress have written in an amicus brief filed in D.C. federal court.

  • May 29, 2020

    Okla. Gov. Wants Clarity On New Tribal Gambling Compacts

    Oklahoma's governor said those insisting he doesn't have the authority to renegotiate tribal-state gambling compacts are taking a position that doesn't line up with tribal sovereignty, the Indian Gaming Regulatory Act and state law, according to a motion filed Thursday that urged a federal court to clear things up.

  • May 29, 2020

    Va. City Approves Pamunkey Tribe As Casino Operator

    The City Council of Norfolk, Virginia, has given the thumbs-up to the Pamunkey Indian Tribe to run a proposed waterfront resort and casino, voting under a state-required process for the tribe to act as its preferred operator.

  • May 28, 2020

    DOJ Says BigLaw Firms Put FBI Agent At Risk Of COVID-19

    Major drug companies represented by Covington & Burling LLP and other BigLaw firms "jeopardized the health" of an FBI agent by serving subpoenas at his home during the COVID-19 pandemic, according to a U.S. Department of Justice filing in opioid crisis litigation.

  • May 28, 2020

    Ariz. Tribe Rips DOL Penalties In Suit Over ERISA Enforcement

    The White Mountain Apache Tribe hit the U.S. Department of Labor with an ERISA suit Thursday, claiming the agency abandoned a practice of not enforcing certain reporting requirements against tribes and slapped it with $140,000 in penalties.

  • May 28, 2020

    9th Circ. Bars Pipelines From Water Permit During Appeal

    New oil and gas pipeline projects can't use an expedited Clean Water Act permitting process while the federal government and Keystone XL pipeline developer appeal a judge's order barring the use of the permit, the Ninth Circuit said Thursday.

  • May 28, 2020

    Dems Seek Info On Possibly Unsuitable PPE Sent To Navajo

    Democratic lawmakers from New Mexico and Arizona seek answers from the U.S. Indian Health Service about potentially substandard personal protective equipment distributed to Navajo Nation hospitals through a $3 million contract with a former White House aide.

  • May 28, 2020

    Green Groups Take $10B LNG Project Fight To DC Circ.

    Several environmental groups want the D.C. Circuit to force the Federal Energy Regulatory Commission to reconsider approving a $10 billion liquefied natural gas export project in Oregon, after the state said the project wouldn't meet its environmental standards.

  • May 28, 2020

    Tribal Power Co. Says Cryptocurrency Miner Owes $3.7M

    Two cryptocurrency mining companies and their founder racked up a $3.7 million tab powering their servers and haven't settled up, a tribal-owned power company has told a Montana federal court.

  • May 27, 2020

    9th Circ. Won't Revive Challenge To Calif. Tribe's Casino

    The Ninth Circuit has affirmed a lower court decision siding with the U.S. Department of the Interior in two California card rooms' suit challenging a proposed tribal casino on off-reservation land, saying the interior secretary didn't violate the Indian Gaming Regulatory Act when approving the project.

  • May 27, 2020

    5 Takeaways From The 9th Circ.'s Climate Suit Ruling

    The Ninth Circuit's rulings this week that federal law wasn't implicated in litigation seeking to hold fossil fuel companies accountable for climate-change-related infrastructure damage add to the legal momentum to keep the latest wave of climate torts in state courts. Here are five takeaways from the Ninth Circuit's decisions.

  • May 27, 2020

    Ohio Counties Hit Pharmacies With Opioid Nuisance Claims

    Two Ohio counties in bellwether cases hit pharmacy chains with claims Wednesday that they created a public nuisance by failing to monitor suspicious orders of opioids and only belatedly put in systems to detect those orders.

  • May 27, 2020

    EPA, Paper Groups Look To End Wash. Water Standards Fight

    The U.S. Environmental Protection Agency and a group of trade organizations on Tuesday asked a Washington federal judge to toss Washington state's and tribes' challenges to an agency directive said to weaken local water quality standards at the request of the wood products industry.

  • May 27, 2020

    Cattle Industry Seeks To Block Part Of New EPA Water Rule

    The New Mexico Cattle Growers' Association asked a federal judge Tuesday to block the federal government from implementing part of its new rule defining the scope of Clean Water Act jurisdiction.

  • May 27, 2020

    Tribal Group Calls DOI's Rule Swap 'Egregious' In Trust Suit

    The federal government "egregiously" failed to consult tribes before changing its standard for how it takes land into trust, an organization representing 30 federally recognized tribes said in an amicus brief filed in D.C. federal court.

  • May 26, 2020

    Payday Loan 'Godfather' Appeal Not For High Court, Feds Say

    Government attorneys on Tuesday advised the U.S. Supreme Court against hearing a Pennsylvania man's claim that his racketeering conviction and 14-year prison term should be overturned, telling the high court that a district judge's jury instructions in the initial matter had been given properly.

  • May 26, 2020

    Energy Co. Beats Suit Over Uranium Mine Near Grand Canyon

    A U.S. uranium producer can proceed with plans to reopen a dormant mine six miles from Grand Canyon National Park after a local tribe and environmental groups failed to show the federal government miscalculated the cost of the project.

  • May 26, 2020

    Justices End SD's Attempts To Tax Sales At Tribal Casino

    The U.S. Supreme Court on Tuesday ended South Dakota's efforts to tax spending by nontribal members at a Native American casino, turning down the state's challenge to an Eighth Circuit holding in favor of the Flandreau Santee Sioux Tribe.

Expert Analysis

  • How Lawyers Can Network Better, Virtually And In Person

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    The current decrease in formality and increase in common ground due to the work-from-home environment can make it easier to have a networking conversation, says Megan Burke Roudebush at Keepwith.

  • Practical Tips For Presenting Your Case To Litigation Funders

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    One mistake that attorneys commonly make when presenting a case to a third-party funder is focusing almost exclusively on liability and giving short shrift to the damages analysis — resulting in an aspirational damages estimate that falls apart under scrutiny, say Cindy Ahn and Justin Maleson at Longford Capital and Casey Grabenstein at Saul Ewing.

  • Avoiding Inadvertent Privilege Waivers In E-Communications

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    Attorneys at WilmerHale highlight recent developments in privilege law, the significant challenges raised by nontraditional working arrangements popularized during the pandemic, and ways to avoid waiving attorney-client privilege when using electronic communications.

  • 5 Tips For Drafting Effective Legal Billing Guidelines

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    To properly manage outside counsel, it's imperative for a company's legal department to implement and maintain rules on what they will and won't pay for, on staffing cases and requesting rate increases, and on how matters will be handled, says Chris Seezen at Quovant.

  • Opinion

    Keystone XL Ruling Paralyzes Infrastructure Permit Process

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    A Montana federal judge's recent ruling revoking water permits for the Keystone XL pipeline and imposing a nationwide moratorium on dredging and filling operations by the U.S. Army Corps of Engineers seriously undermines a tried and true regulatory process, say Tom Magness at Grow America's Infrastructure Now and Patrice Douglas at Spencer Fane.

  • Opinion

    Don't Cancel Your Summer Associate Programs

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    While pulling off an effective summer associate program this year will be no easy feat, law firms' investments in their future attorneys should be considered necessary even during this difficult time, says Summer Eberhard at Major Lindsey.

  • Aquaculture, Fishing Cos. Stand To Net Big Gains From Aid

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    A recent Trump administration executive order and a plan to distribute CARES Act funding to aquaculture and fishing businesses represent ambitious new federal support for these industries, and stakeholders should engage proactively as spending plans and application processes are developed, say attorneys at K&L Gates.

  • 5 Ways To Reduce Post-Pandemic Legal Malpractice Exposure

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    History suggests that legal malpractice claims will rise following the current economic downturn, and while a certain percentage of the claims will be unavoidable, there are prophylactic steps that law firms can take, says John Johnson at Cozen O'Connor.

  • Opinion

    Credibility Concerns About Virtual Arbitration Are Unfounded

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    Concerns that videoconferenced arbitration hearings compromise an arbitrator's ability to reliably resolve credibility contests are based on mistaken perceptions of how many cases actually turn on credibility, what credibility means in the legal world, and how arbitrators make credibility determinations, says Wayne Brazil at JAMS.

  • A Lawyer's Guide To Client Service Continuity Planning

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    Ensuring uninterrupted client service and compliance with ethical obligations in a time when attorneys are more likely to fall ill means taking six basic — yet often ignored — steps to build some redundancy and internal communication into legal practice, say attorneys at Axinn.

  • Virtual Meetings Could Be Fertile Ground For Legal Discovery

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    Many remote meeting technologies include recording features as default settings, raising three primary concerns from a legal discovery and data retention perspective, and possibly bringing unintended consequences for companies in future litigation, says Courtney Murphy at Clark Hill.

  • The Role Of Remote Mediation After The Crisis Is Over

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    When the dark cloud of COVID-19 has passed and resolution centers are once again peopled with warring parties and aspiring peacemakers, remote mediations will likely still be common, but they are not going to be a panacea for all that ails the dispute resolution industry, says Mitch Orpett at Tribler Orpett.

  • 7 Steps To Romancing The Virtual Classroom

    Excerpt from Lexis Practice Advisor
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    For professors, trainers, lawyers, students and businesses grappling with the unexpected challenges of distance learning, trial attorney and teacher James Wagstaffe offers best practices for real-time online instruction.

  • Key Return-To-Work Considerations For Law Firms

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    There may be precious little notice before the legal community ramps up, so it's important to have return-to-work plans that address the unique challenges law firms will face in bringing employees back to offices, say attorneys Daniel Gerber, Barbara O'Connell and Richard Tucker.

  • A Creative Solution For Teaching Local Practice In Law School

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    To help prepare my students to navigate local practice, I wrote a set of rules for the classroom that mimics those they might encounter from a local judge or court, says Michael Zuckerman at Northwestern Pritzker School of Law.

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