Native American

  • September 30, 2022

    The 5 Biggest Cases This Supreme Court Term

    The reversal of constitutional abortion protections last term has court watchers wondering: Is affirmative action next? But the lawsuits against Harvard University and the University of North Carolina are far from the only blockbusters on the docket in what is likely to be another landslide term for conservatives. Here, Law360 breaks down five cases to watch. 

  • September 30, 2022

    Native Group Wants Hotel's Counterclaims Nixed In Bias Case

    A Native American advocacy group suing a South Dakota hotel-casino, alleging racial discrimination, urged a federal judge to toss the hotel's counterclaims, saying the establishment and its manager are not the victims in the case. 

  • September 30, 2022

    Judge Guts Navajo Nation's Suit Against Relocation Office

    An Arizona federal judge has rejected the Navajo Nation's bid for him to oversee the office tasked with relocating Navajo citizens from Hopi Tribe land in northern Arizona, calling it the kind of "broad programmatic attack" against a federal agency that can't be brought in the courts.

  • September 30, 2022

    DC Judge Tosses Kialegee Tribe's Suit Over Creek Land

    A D.C. federal judge has dismissed a suit by the Kialegee Tribal Town claiming jurisdiction on the Muscogee (Creek) Nation's reservation in Oklahoma, saying the Kialegee tribe had again failed to make a sufficient claim against the federal government after a similar suit was rebuffed four years ago.

  • September 30, 2022

    Administrator Named In CVS-Walgreens-Walmart Opioid Order

    A Cleveland federal judge presiding over thousands of opioid cases appointed his special master on Friday as administrator for abatement programs mandated as part of a judgment against CVS, Walgreens and Walmart, which were found liable to the tune of $650 million for contributing to prescription painkiller-related problems in two Ohio counties.

  • September 30, 2022

    Law360's The Term: A New Normal For The Supreme Court?

    As the U.S. Supreme Court prepares for the 2022-2023 term with a slate of new blockbuster cases, the fallout from last term's Dobbs decision and its leaked draft is still reverberating. And while pandemic-era restrictions at the court are loosening, the hosts discuss with veteran court reporter Amy Howe what kind of "new normal" to expect at the high court.

  • September 30, 2022

    EPA Releases Superfund Environmental Justice Guidance

    The U.S. Environmental Protection Agency on Friday published a plan to more fully integrate environmental justice considerations into its Superfund program, from compliance to rulemaking and permitting.

  • September 30, 2022

    No Signs Of Supreme Court's Conservatives Slowing Down

    The U.S. Supreme Court's last term was considered by many to be the most consequential in a generation as the court's conservative justices delivered key victories on abortion and guns. But one quick glance at the new term's docket suggests this new supermajority has only just begun shifting the law to the right.

  • September 30, 2022

    NY Gov. Appoints State's 1st Native American Appellate Judge

    New York Gov. Kathy Hochul has picked a Buffalo trial judge to fill a state appellate court seat, making him the first Native American to serve in that division of the judiciary.

  • September 30, 2022

    How Well Do You Know Supreme Court History?

    As the U.S. Supreme Court kicks off its October 2022 term, it's the perfect time to dive into the court's history. Law360 will try to stump you with this 10-question quiz about the court. 

  • September 30, 2022

    3 Things To Watch At High Court Wetlands Oral Arguments

    The federal government's ability to regulate and require permits under the Clean Water Act will hang in the balance Monday as the U.S. Supreme Court hears arguments from landowners and business groups pushing for a narrow statutory interpretation and the government and environmentalists seeking more expansive authority.

  • September 30, 2022

    Justice Ketanji Brown Jackson Takes Bench, Makes History

    Justice Ketanji Brown Jackson received her official commission Friday in a ceremony attended by President Joe Biden and Vice President Kamala Harris, becoming the first Black female justice to take the nation's top bench in its 230-year history.

  • September 29, 2022

    Ala. Electoral Map A 'Textbook' Violation of VRA, Holder Says

    Alabama's new congressional map is a "textbook" example of racial discrimination barred by the Voting Rights Act, former Attorney General Eric Holder said on Thursday, days before the U.S. Supreme Court will hear oral arguments in a case that has piqued the interest of everyone from tribal advocates to the American Bar Association.

  • September 29, 2022

    Rosette Wins Fight Over Quechan Tribe Representation

    A California federal judge, in an acrimonious suit pitting two law firms against each other over representation of the Quechan Tribe, has favored Rosette LLP and denied several motions lodged by Williams & Cochrane LLP in its long-running case against Rosette and the tribe.

  • September 29, 2022

    Minn. Tribe, DOI Seek End To Ex-Official's Election Suit

    The U.S. Department of the Interior and the Minnesota Chippewa Tribe have urged a federal judge to toss a suit by a former tribal official contesting a June election, with the DOI saying his exclusion from the election wasn't due to the federal government, and the tribe saying it's immune to the suit.

  • September 29, 2022

    North Dakota Can Intervene In Riverbed Row, DC Circ.Told

    North Dakota should be allowed to take part in litigation involving a Native American tribe's bid to profit from natural resources extracted from under the Missouri River, state officials told the D.C. Circuit, saying it has a stake in more than $100 million in oil and gas revenue tied up in that land.

  • September 29, 2022

    Feds' New Eagle Rule Aims To Help Wind Projects, Save Birds

    Wind energy and power line projects would be subject to new permits to protect bald and golden eagle populations under a rule being proposed by the U.S. Fish and Wildlife Service.

  • September 29, 2022

    DC Circ. Wary Of Challenge To Tribal COVID Fund Distribution

    A D.C. Circuit panel on Thursday doubted it could send the U.S. Department of the Treasury back to the drawing board to adjust for a second time its distribution of COVID-19 relief funds to certain Native American tribes, explaining that the court can't require the department to use a specific calculation.

  • September 29, 2022

    Enbridge Buys Texas Renewable Energy Biz In $270M Deal

    Canadian energy infrastructure company Enbridge Inc., guided by Eversheds Sutherland, has purchased American renewable energy company Tri Global Energy LLC for $270 million in cash and assumed debt, the company announced Thursday.

  • September 28, 2022

    Lawsuit Targets Okla. Tribe's Funds Amid Leadership Spat

    An entity purporting to represent the Alabama-Quassarte Tribal Town in Oklahoma said public officials it claimed were ousted from tribal leadership last year are going after some $5 million that belongs to the tribe, urging a federal court to block such transactions and give it control of tribal bank accounts.

  • September 28, 2022

    No Bankruptcy Stay For Campground's Suit Against Blackfeet

    A Montana federal judge has ruled that it is up to him and not a bankruptcy court to decide whether the federal government properly canceled a Blackfeet Indian Nation lease with private campground operator Eagle Bear on tribal land.

  • September 28, 2022

    Endo Opioid Claimants Question Their Slice Of Ch. 11 Deal

    A committee representing individual opioid plaintiffs Wednesday told a New York bankruptcy judge they will be pushing for a larger share of the $450 million opioid settlement proposed for pharmaceutical maker Endo International's Chapter 11 plan.

  • September 28, 2022

    FCC Names New Native American Policy Leader

    Federal Communications Commission Chairwoman Jessica Rosenworcel announced Wednesday that Denise Bambi Kraus will serve as the chief of the agency's Office of Native Affairs and Policy. Kraus previously served as the Federal Emergency Management Agency as national tribal affairs adviser.

  • September 28, 2022

    Indigenous Communities Acquire $822M Stake In 7 Pipelines

    A group of First Nation and Métis communities in Alberta, Canada, will acquire, for CA$1.12 billion ($822 million), an 11.57% nonoperating interest in seven pipelines managed by energy infrastructure company Enbridge Inc., in a deal that will give the Indigenous people economic independence, according to a Wednesday statement.

  • September 27, 2022

    EPA's New Enviro Justice Office Brings Change, Tensions

    A new U.S. Environmental Protection Agency office, which consolidates three existing agency programs aimed at helping communities overburdened by pollution, has the potential to make impacts that activists have dreamed about for years, but could also spur pushback from states and others that aren't aligned with the Biden administration's priorities, experts said.

Expert Analysis

  • Series

    Keys To A 9-0 High Court Win: Practicality Over Perfection

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    When I argued for the petitioner in Wooden v. U.S. last year, I discovered that preparation is key, but so is the right kind of preparation — in giving decisive answers to the U.S. Supreme Court justices' hypothetical questions I was not aiming for perfection, just the best response available, says Allon Kedem at Arnold & Porter.

  • What New Bar Exam Means For Law Students And Schools

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    Stephanie Acosta at UWorld discusses how law students and law schools can start preparing now for the new bar exam launching in 2026, which is expected to emphasize real-world lawyering skills-based tasks over rote memorization.

  • Apple's New Messaging Features Will Complicate E-Discovery

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    Apple's newest mobile operating system allows users to edit and recall messages and recover deleted messages, which could significantly increase the time, burden and expense of processing and analyzing cellphones if messages or their associated metadata become an area of scrutiny in a case, says Jarrett Coco at Nelson Mullins.

  • Law Firm Inclusion Efforts Often Overlook Business Staff

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    Law firms committed to a culture of universal inclusion can take steps to foster a sense of belonging in their business services teams, says Jennifer Johnson at Calibrate Consulting.

  • EPA Guidance Signals Greater Enviro Justice Focus In Permits

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    A list of frequently asked questions recently released by the U.S. Environmental Protection Agency emphasizes environmental justice and civil rights considerations in permitting for a wide range of commercial activities across many industries, and is likely to reverberate loudly in environmental permitting for years to come, say attorneys at King & Spalding.

  • An Associate's Guide To Rebounding After A Layoff

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    Law firm associates laid off due to economic conditions can recuperate and move forward by practicing self-care, identifying key skills to leverage during the job search, engaging in self-reflection and more, say Kate Sheikh at Major Lindsey and wellness consultant Jarrett Green.

  • AML Regulation Of Lawyers Is Imminent And Controversial

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    The U.S. House of Representatives' recently passed National Defense Authorization Act subjects lawyers engaged in certain financial-related activities to anti-money laundering regulation under the Bank Secrecy Act, which could pit lawyers against clients in ways harmful to the rule of law and administration of justice, says Jeremy Glicksman at the Nassau County District Attorney’s Office in New York.

  • Key Adaptations For Law Firms Amid Quiet Quitting Movement

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    While quiet quitting may not be sustainable at law firms with billable hour requirements, there are specific steps law firms should take to maintain engagement and otherwise respond to the trend's underlying message that associates won't spend all their waking hours at work if they don't feel it's worthwhile, says Meredith Kahan at Whiteford Taylor.

  • Creating A Hybrid Work Policy? Be Intentional And Inclusive

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    The pandemic has changed expectations for the future of work forever, and as more employees demand hybrid working options, law firms must develop policies and models that are intentional, inclusive and iterative to lead the industry into the future, says Manar Morales at the Diversity & Flexibility Alliance.

  • A Law Firm's Guide To Humane Layoffs As Recession Looms

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    Amid warnings of a global recession, law firms should prepare for the possibility of associate layoffs, aiming for an empathetic approach and avoiding common mistakes that make the emotional impact on departing attorneys worse, say Jarrett Green, a wellness consultant, and Kate Reder Sheikh at Major Lindsey & Africa.

  • Learning From Trump And Bannon Discovery Strategies

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    Court-imposed sanctions on both former President Donald Trump and his former aide Steve Bannon for failing to comply with subpoenas illustrate that efforts to bar the door to valid discovery can quickly escalate, so litigants faced with challenging discovery disputes should adopt a pragmatic approach, say Mathea Bulander and Monica McCarroll at Redgrave.

  • The Risks In Lateral Hiring, And How To Avoid Them

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    As law firms increasingly recruit laterals, they must account for ethics rules and other due diligence issues that can turn an inadvisable or careless hire into a nightmare of lost opportunity or disqualification, says Mark Hinderks at Stinson.

  • How Inflation Reduction Act Will Lift Offshore Wind Projects

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    The Inflation Reduction Act should promote the development of offshore wind energy in multiple ways — including by improving the planning and permitting process for transmission infrastructure, expanding potential lease areas and making beneficial changes to the tax credits available for renewable energy developers, say attorneys at Day Pitney.

  • Judges Who Use Social Media Must Know Their Ethical Limits

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    While the judiciary is permitted to use electronic social media, judges and judicial candidates should protect themselves from accusations of ethics violations by studying the growing body of ethics opinions and disciplinary cases centering on who judges connect with and how they behave online, says Justice Daniel Crothers at the North Dakota Supreme Court.

  • Rebuttal

    ABA Is Defending Profession's Values From Monied Influences

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    A recent Law360 guest article suggested that the American Bar Association ignored new opportunities for the legal industry by opposing nonlawyer ownership of law practices, but any advantages would be outweighed by the constraints nonlawyer owners could place on the independence that lawyers require to act in the best interest of their clients, says Stephen Younger at Foley Hoag.

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