Native American

  • February 23, 2018

    Tribe Not Immune From Restasis IP Challenges, PTAB Says

    The Patent Trial and Appeal Board ruled Friday that tribal sovereign immunity does not apply to inter partes reviews and dismissed a motion from the Saint Regis Mohawk Tribe to toss generics companies' challenges to patents for the dry-eye drug Restasis, which Allergan Inc. sold to the tribe last year.

  • February 23, 2018

    Cayuga Faction Can Step Into Rival Group's Suit Against BIA

    A D.C. federal judge on Friday allowed a Cayuga Nation faction to step into a suit brought by a rival group within the New York tribe, saying the intervenors had the right to help defend the Bureau of Indian Affairs’ recognition that they govern the tribe.

  • February 23, 2018

    Tribes Urge Justices To Undo Wyoming Reservation Ruling

    The Eastern Shoshone Tribe and the Northern Arapaho Tribe have each urged the U.S. Supreme Court to overturn a Tenth Circuit decision that shrank the size of their shared Wyoming reservation, saying the panel's holding that a 1905 law diminished the reservation created a circuit split and conflicted with high court precedent.

  • February 23, 2018

    Perry, Zinke Call For 'Responsible' Energy, Public Land Use

    A pair of Cabinet secretaries who set the nation's energy policy called for "responsible" increases in the use of public lands, as well as changes to the nation's energy policy, saying Friday that the previous administration had stifled innovation and community growth.

  • February 23, 2018

    NY Asks 2nd Circ. To Affirm $247M UPS Cigarette Penalty

    The city and state of New York asked the Second Circuit on Wednesday to affirm a $247 million penalty against United Parcel Service Inc. for helping to move untaxed cigarettes from tribal lands, saying UPS’ request to drastically reduce its penalty was based on meritless claims of immunity.

  • February 23, 2018

    9th Circ. OKs Toss Of Tribal Water Project Row

    The Ninth Circuit on Thursday affirmed a lower court’s dismissal of a suit brought by an organization representing Montana landowners that disputes the U.S. Bureau of Indian Affairs’ control of an irrigation project, agreeing that the court did not have jurisdiction over the matter.

  • February 23, 2018

    Judge Nixes BLM's Delay Of Obama Methane Flaring Rule

    A California federal judge on Thursday lifted the U.S. Bureau of Land Management’s block of an Obama-era rule limiting methane venting and flaring from natural gas wells on public and tribal lands, saying the agency’s rationale isn’t likely to pass muster.

  • February 22, 2018

    More Yellowstone Bison Illegally Freed, Park Service Says

    For the second time this year, dozens of bison were released from a holding area in Yellowstone National Park before officials could process them for slaughter or test them for disease, according to a statement from the park that characterized the incident as an act of "sabotage."

  • February 22, 2018

    Trump's Pick For Indian Health Service Head Withdraws Name

    The Trump administration’s selection to take over as director of the Indian Health Service has had his nomination withdrawn, a U.S. Department of Health and Human Services spokeswoman confirmed Thursday.

  • February 22, 2018

    Justices Told To Reject Attacks On $380M Native Farmer Deal

    The U.S. Department of Agriculture told the U.S. Supreme Court on Wednesday that it should turn down challenges to a ruling that allowed for the redistribution of $380 million left over from the department’s landmark settlement of Native American farmers and ranchers’ racial discrimination claims.

  • February 22, 2018

    Feds Have To Search For More Keystone Docs, Judge Says

    A Montana federal judge on Wednesday said the federal government must take a look at what documents it has pertaining to the Keystone XL pipeline to see if it has produced everything it is required to for two suits brought by activist groups challenging the pipeline’s revival.

  • February 22, 2018

    Wash. Landowners Say Tribe Can't Escape Property Suit

    A Washington state couple urged the U.S. Supreme Court on Wednesday not to overturn a state court decision that the Upper Skagit Indian Tribe must face the couple's land ownership suit, saying that doing so would improperly expand the tribe's sovereign immunity at the expense of Washington's own sovereignty.

  • February 22, 2018

    Energy Transfer Wants Enviros' Sanctions Bid Quashed

    The Energy Transfer entities that operate the Dakota Access pipeline urged a North Dakota federal court Wednesday not to sanction them over allegations that they didn’t do their homework before suing an environmental group they're accusing of organizing violent protests against the pipeline.

  • February 21, 2018

    Utah County, Navajo Group Reach Deal In Voting Rights Suit

    The Navajo Nation Human Rights Commission and a Utah county told a federal judge Tuesday that they had reached a settlement to resolve the group’s suit alleging the county wasn't providing equal voting opportunities to Navajo citizens, including opening more polling stations on or near the Navajo reservation.

  • February 21, 2018

    Wis. Tribe Fights For Quick Win In Gambling Deal Dispute

    The Forest County Potawatomi Community has again urged a D.C. federal judge to award the tribe summary judgment in its bid to vacate a Bureau of Indian Affairs decision rejecting an amendment to the tribe’s gambling deal with Wisconsin, saying the change wouldn’t put another tribe on the hook for payments to protect the Potawatomi’s casino business.

  • February 21, 2018

    Canadian Salmon Co. Threatens NAFTA Arbitration Over Ban

    A Canadian aquaculture company embroiled in controversy after it accidentally released as many as 263,000 Atlantic salmon into the waters off Washington state threatened Tuesday to file a claim under the North American Free Trade Agreement if a proposed Atlantic salmon farming ban is enacted.

  • February 21, 2018

    Okla. Tribe Asks 10th Circ. To Rethink $27M Tax Ruling

    The Citizen Potawatomi Nation urged the Tenth Circuit on Tuesday to revisit its ruling vacating an arbitration decision that had exempted the tribe from $27 million in alcohol sales taxes, saying the court wrongly struck down the arbitration provision in the tribe’s gambling deal with the state.

  • February 21, 2018

    Ex-Casino Worker Says Harrah's Exec Can't Dodge Wage Suit

    A former employee at a pair of Harrah's casinos urged a North Carolina federal court on Tuesday to deny an executive's bid to assert tribal sovereign immunity and kill a proposed class action alleging staffers weren’t paid for all the time they worked.

  • February 21, 2018

    Idaho Tribes Drop DOI Law Enforcement Funding Suit

    A D.C. federal judge agreed Tuesday to dismiss the Shoshone-Bannock Tribes of the Fort Hall Reservation of Idaho's suit alleging the U.S. Department of the Interior paid only a fraction of the roughly $1.63 million it owed to support the tribes' justice system programs.

  • February 20, 2018

    Calif. Tribe Asks High Court To Spurn Banishment Case

    The United Auburn Indian Community urged the U.S. Supreme Court to reject a petition from a tribe member challenging a Ninth Circuit decision that backed the tribe’s right to banish her, saying that the member's 10-year ban from certain tribal lands didn’t violate her civil rights.

Expert Analysis

  • Series

    EPA In The Trump Era: The DOJ's 3rd-Party Payment Policy

    Raymond Ludwiszewski

    The U.S. Department of Justice's 2017 memo ending the previous administration's common practice of paying various nongovernmental, third parties as a condition of settlement with the U.S. is an important change of course that will meaningfully impact the contours of future judicial civil consent judgments with the U.S. Environmental Protection Agency, says Raymond Ludwiszewski, former EPA general counsel and partner at Gibson Dunn & Crutcher LLP.

  • Series

    EPA In The Trump Era: Making Sense Of Waters Of The US

    Larry Jensen

    In one of his first official acts, President Donald Trump ordered the U.S. Environmental Protection Agency to rescind and replace the Obama administration's Clean Water Rule. Regardless of the outcome of Trump’s effort, the controversy over the meaning of the phrase “waters of the United States” is likely to continue for many years, says Larry Jensen, former EPA general counsel and shareholder at Brownstein Hyatt Farber Schreck LLP.

  • How Emerging Sources Of ESI Will Impact Discovery

    Charles McGee

    Late last year, the Sedona Conference released the third edition of its principles addressing electronic document production, updated to account for innovations like Snapchat and Twitter. It may be necessary for these principles to be updated more often in order to keep pace with technology, says Charles McGee III of Murphy & McGonigle LLP.

  • Put The Brakes On Acceleration Bay Litigation Funder Ruling

    David Gallagher

    Last week, the District of Delaware raised eyebrows by ruling that documents provided to a litigation funder and its counsel in connection with their due diligence are categorically not attorney work product. Acceleration Bay v. Activision Blizzard seems to be a case of bad facts making bad law, says David Gallagher, investment manager and legal counsel for Bentham IMF.

  • Considerations For Attorneys Using Artificial Intelligence

    Ben Allgrove

    Artificial intelligence tools can empower attorneys to work more efficiently, deepen and broaden their areas of expertise, and provide increased value to clients, which in turn can improve legal transparency, dispute resolution and access to justice. But there are some common pitfalls already apparent in the legal industry, say Ben Allgrove and Yoon Chae of Baker McKenzie.

  • Upper Skagit To Set The Bar For Tribal Sovereign Immunity

    Carson Cooper

    In Upper Skagit v. Lundgren, the outer limits of tribal sovereign immunity will likely depend on the swing votes of Chief Justice John Roberts and Justice Anthony Kennedy. The U.S. Supreme Court is likely to uphold Upper Skagit's immunity, but the downside risk of the case is substantial, says Carson Cooper of Lippes Matthias Wexler Friedman LLP.

  • Series

    Judging A Book: Duncan Reviews 'Justice And Empathy'

    Judge Allyson Duncan

    In "Justice and Empathy: Toward a Constitutional Ideal," the late Yale Law School professor Robert Burt makes a compelling case for the undeniable role of the courts in protecting the vulnerable and oppressed​. But the question of how the judiciary might conform to Burt’s expectations raises practical problems​, says U.S. Circuit Judge Allyson Duncan of the Fourth Circuit. ​

  • The Art Of The Litigation Funding Deal

    Julia Gewolb

    As litigation funding becomes more widespread, greater complexity and variability in funding deals are to be expected. All claimants should consider certain key questions on the economics of single-case funding when considering or comparing funding terms, says Julia Gewolb of Bentham IMF.

  • Smart Contracts Need Smart Corporate Lawyers

    Matthew O’Toole

    Given the operational and security risks involved, and the substantial digital asset values transacted, the rise of distributed ledger technology and smart contracts will create new opportunities and responsibilities for transactional lawyers, say attorneys with Potter Anderson Corroon LLP.

  • How To Fix Your Broken Client Teams

    Mike O'Horo

    Law firms claim they create client teams to improve service. Clients aren’t fooled, describing these initiatives as “thinly veiled sales campaigns.” Until firms and client teams begin to apply a number of principles consistently, they will continue to fail and further erode clients’ trust, says legal industry coach Mike O’Horo.