Native American

  • March 23, 2017

    Apache Tribe Targets NIGC Letter For Rejecting Gambling Bid

    The Fort Sill Apache Tribe urged a D.C. federal judge Wednesday to let it add claims to a suit over the National Indian Gaming Commission’s rejection of the tribe's gambling bid, saying a recent court ruling backed the tribe’s contention that the NIGC issued a new decision in January the tribe can challenge in court.

  • March 23, 2017

    Navajo Again Sues DOI Over $17M Judicial Branch Funding

    The Navajo Nation has accused the U.S. Department of the Interior in D.C. federal court of improperly rejecting most of a roughly $17 million funding request for its judicial branch, the latest installment in a back-and-forth about how much money the tribe is entitled to for the branch’s operation.

  • March 22, 2017

    Ex-Leaders Look To Toss Tribe's 9th Circ. Asset Freeze Row

    Four former Paskenta Band of Nomlaki Indians officials whom the tribe has accused of leading a multimillion-dollar embezzlement scheme asked the Ninth Circuit on Tuesday to dismiss the tribe's challenge to a lower court's refusal to freeze their assets.

  • March 22, 2017

    ING Bank Inks Deal To Sell Its Share Of Dakota Pipeline Loan

    ING Bank said Tuesday it has signed an agreement to sell its $120 million stake in the loan financing Dakota Access LLC’s controversial crude oil pipeline to an undisclosed buyer, after the Standing Rock Sioux Tribe urged the bank to do so as a message.

  • March 22, 2017

    Wash. Tribe Freed From Ex-Health Exec's FCA Allegations

    A federal judge Tuesday tossed False Claims Act allegations that a former health executive asserted against the Sauk-Suiattle Indian Tribe of Washington, but let his claims against a health clinic and three individuals carry on.

  • March 22, 2017

    Justices Told Law Nixing Tribal Casino Suit Is Constitutional

    The U.S. Department of the Interior has urged the U.S. Supreme Court to reject a petition by a Michigan man seeking to revive his challenge to a tribal casino project near his land, saying a federal law enacted to block suits opposing the project isn’t unconstitutional.

  • March 22, 2017

    Senate Dems Slam Trump's Skinny DOI Budget

    Senate Democrats on Tuesday slammed President Donald Trump’s proposal to slash the Department of Interior’s budget by $1.5 billion, saying planned cuts to programs that address climate change contradict the president's commitments to infrastructure spending made on the campaign trail.

  • March 22, 2017

    Calif. County Says DOI Took Liberties With Casino Land Ruling

    A California county urged the D.C. Circuit on Wednesday to overturn a lower court ruling backing the U.S. Department of the Interior's decision to take land into trust for the Mechoopda Indian Tribe’s proposed casino, saying the department ignored evidence that didn’t jibe with its intention to approve the project.

  • March 21, 2017

    Gorsuch Rebukes Trump, Defends Record To Senate Panel

    U.S. Supreme Court nominee Judge Neil Gorsuch pushed back Tuesday at attacks on his record and rebuked President Donald Trump’s comments on the judiciary as he sought to persuade a Senate panel to advance his nomination to the nation's highest court.

  • March 21, 2017

    Virginia Sens.’ Tribal Recognition Bill Has Familiar Look

    The state of Virginia’s two U.S. senators, Mark R. Warner and Tim Kaine, reintroduced a bill Tuesday to grant federal recognition to six Native American tribes that have been recognized by the state, hoping to succeed where several previous incarnations of the bill have failed.

  • March 21, 2017

    Dakota Access Says Pipeline Hit With 'Coordinated Attacks'

    Dakota Access LLC filed a heavily redacted report with a D.C. federal court Monday about the progress of its nearly completed pipeline on federal land in North Dakota, saying most of the document had to be filed under seal because of “recent coordinated physical attacks along the pipeline" threatening “life, physical safety, and the environment."

  • March 21, 2017

    Texas Moves To Join Suit Challenging BLM Flaring Rule

    The state of Texas asked for permission Tuesday to join a Wyoming federal court case in which three western states and two industry groups are challenging a new Bureau of Land Management rule aimed at limiting the release of methane from drilling operations on federal and Native American lands.

  • March 21, 2017

    Calif. Tribe’s Broken Casino Promise Cost $21M, Co. Says

    The Picayune Rancheria of the Chukchansi Indians cost a casino management company $21 million in lost revenue by not following through with an agreement to let it run the tribe’s casino, the Blackwood Holdings-backed company has alleged in California federal court.

  • March 21, 2017

    Tribe Member’s Cobell Underpayment Claim Moves Forward

    The U.S. Court of Federal Claims said Monday it will allow a member of the Sioux Indian Tribe of South Dakota to proceed with his claim that he didn’t receive his full share of the landmark $3.4 billion Cobell settlement over the alleged federal mismanagement of Native American trust funds.

  • March 21, 2017

    Ariz. Highway Approval Done The Right Way, 9th Circ. Told

    The Federal Highway Administration and the Arizona Department of Transportation have each urged the Ninth Circuit to affirm a lower court’s ruling that they didn't cut any corners on environmental reviews when they greenlighted a Phoenix-area highway project.

  • March 21, 2017

    Wash. Tribe Wins Temporary Block On Others' Halibut Fishing

    A Washington federal judge on Monday granted an emergency request by the Quileute Tribe to temporarily block the first day of unrestricted halibut fishing by tribes in the region because of bad weather on the coast that would give inland tribes an unfair advantage, despite pushback from three tribes who said weather forecasts don’t normally demand a delay across the board.

  • March 21, 2017

    EPA's Pruitt Targeted In Okla. Ethics Complaint Over Emails

    Environmentalists and a law professor on Tuesday filed an ethics complaint with the Oklahoma Bar Association against U.S. Environmental Protection Agency Administrator Scott Pruitt, alleging he misled Congress about his use of a personal email address to conduct business during his tenure as Oklahoma's attorney general.

  • March 21, 2017

    Tribal Members Fight Sanctions Bid In Suit Over Cig Sales

    Native American tribe members blasted a bid for sanctions filed by Washington state employees they have sued in an attempt to block them from pursuing criminal cases for the illegal sale of cigarettes on Indian land, defending their proposed amended complaint as justified and calling the sanctions request an “unjustified attack.”

  • March 20, 2017

    Justices Asked To Tackle Spokeo Divide In Card Receipt Row

    A man who accused a Native American tribe-owned restaurant of failing to properly truncate customer receipts is asking the U.S. Supreme Court to review the toss of his claims, arguing that the dispute presents a golden opportunity to settle the divide among lower courts prompted by last year's Spokeo decision. 

  • March 20, 2017

    South Dakota, Tribe Double Down In Casino Tax Battle

    The Flandreau Santee Sioux Tribe and the state of South Dakota traded blows in federal court Friday in their tax battle, with the tribe claiming that the state has no business imposing a use tax on the money nonmembers spend at the tribe’s casino.

Expert Analysis

  • 10 Tips For Better Legal Negotiations

    Marc J. Siegel

    Like everything else, the art of negotiation starts by having a conversation. It’s about being respectful, finding common ground, knowing what you want and, most importantly, listening. A conversation between two lawyers can be complicated at best, but by employing a few techniques and tactics, it doesn’t have to be that way, says Marc Siegel of Siegel & Dolan Ltd.

  • Monthly Column

    Gray Matters: Decision Error

    Gray Matters

    Lawyers make hundreds of decisions during the course of advising a client, consummating a transaction or litigating a case. In this new column, dispute resolution experts Bob Creo and Selina Shultz explore the theory, science and practical aspects of how decisions are made in the legal community.

  • Law Schools And Law Firms: Seeking Common Ground

    Randy Gordon

    What we don’t know is whether the teaching and practice of law are undergoing massive structural changes or we’re still digging out from the worst economic collapse since the Depression. But what we do know is that the missions of the most forward-looking law schools and law firms are converging in ways that were unimaginable 10 years ago, says Randy Gordon, a partner at Gardere Wynne Sewell LLP and executive professor of law at Te... (continued)

  • Not From Around Here? Trying A Case As An Out-Of-Towner

    William Oxley

    The importance of authenticity is magnified when trying a case outside your home jurisdiction. While using references to local landmarks or history can help make arguments relatable, adopting local expressions or style in an attempt to ingratiate oneself with the judge and jury almost always backfires, say William Oxley and Meghan Rohling Kelly of Dechert LLP.

  • How The Most Profitable Law Firms Structure Their C-Suites

    Anita Turner

    The most successful Am Law 200 law firms have evolved from being partner-run to being run by a group of highly skilled professionals reporting to firm shareholders. The data collected from our recent survey indicates this model is generally conducive to increased profitability, says Anita Turner, senior director at Colliers International.

  • Settlement Strategy: What Does The Client Really Want?

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    The best outside counsel think like the client. That includes understanding the client’s perspectives and goals with regard to reaching a settlement — because “good results” mean different things for different clients. Outside counsel must ask themselves the right questions, and know the answers, to shape a client-focused settlement strategy, say Kate Jackson of Cummins Inc. and Patrick Reilly of Faegre Baker Daniels LLP.

  • In The Associate Lateral Market, All Law Firms Are Not Equal

    Darin R. Morgan

    When associates contemplate a potential lateral move, there is a common misconception that all law firms are the same. It may seem that one law firm is just like the next, but if you dig deeper, you may discover unique attributes at some firms that may be more appealing and improve your professional satisfaction significantly, says Darin Morgan of Major Lindsey & Africa.

  • Reflections From A Mock Trial

    Lora Brzezynski

    Nerves were high on the day of the trial. While technically client interests were not at stake, our reputations were still on the line. We were not only presenting our case in front of our newly acquainted colleagues, but also for partners at our firm, expert witnesses, federal judges and in-house counsel — potential employers and clients, say attorneys with Dentons, sharing their recent mock trial experience.

  • The Need To Preserve And Expand Tribal VAWA Jurisdiction

    Rebecca M. Howlett

    Given the new administration's penchant for rolling back progressive civil rights and social justice victories achieved under the Obama administration, the fight to reauthorize the Violence Against Women Act looms large. VAWA provides crucial protection for Native American women, who are victims of violent crime more than any other demographic, primarily at the hands of non-Natives, says Becky Howlett of Kilpatrick Townsend & Stockton LLP.

  • Data Analytics Now Cost-Effective For Smaller Firms

    Chris Paskach

    A recent survey found that nearly two-thirds of Am Law 200 firms are now using data analytics, compared to only about a tenth of regional and boutique firms. Yet the exploding market for data analytics technology in business is making these productivity tools available for any size matter or firm, say Christopher Paskach of The Claro Group and Douglas Johnston Jr. of Five Management LLC.