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Native American
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February 15, 2024
America First Legal Says Disney Favors Women, Minorities
A group founded by former Trump adviser Stephen Miller accused the Walt Disney Co. of discriminating against white men in its hiring and promotion decisions and on Wednesday asked the U.S. Equal Employment Opportunity Commission to investigate.
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February 15, 2024
New York Says Thruway Doesn't Cut Through Cayuga Land
New York state officials are asking a federal district court to dismiss litigation by the Cayuga Nation that seeks a cut of the tolls collected on the New York State Thruway, arguing that the tribe can't prove it had possession of the land over which the highway was being built.
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February 15, 2024
What Rescheduling Pot Would Mean For Criminal Justice Reform
While federal drug enforcers mull a recommendation from health regulators to loosen restrictions on marijuana, criminal justice reformers are warning that rescheduling the drug would not realize President Joe Biden's campaign promise to decriminalize marijuana.
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February 15, 2024
NC Tribe Seeks To Restore Mountain Peak's Cherokee Name
The Eastern Band of Cherokee Indians is asking the federal government to change the name of the highest point in the Smoky Mountains back to its original Indigenous title, saying the tribe has received overwhelming support from local and regional organizations for the process that began two years ago.
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February 15, 2024
DOI Inks Klamath Basin Agreement With Tribes, Water Users
The U.S. Department of the Interior said it has struck an agreement that will see water users and tribes work together in a push to improve the environment and water supplies in the drought-prone Klamath River Basin of southern Oregon and northern California, pledging $72 million for projects.
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February 15, 2024
Wash. Judge Says Tribes Can Seek River Pollution Damages
A Washington federal judge denied a Teck Resources Ltd. unit's bid for summary judgment on natural resource damages claims that the Confederated Tribes of the Colville Reservation and state of Washington lodged over decades of Upper Columbia River pollution from a smelter in Trail, British Columbia, setting up the matter for a possible trial.
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February 14, 2024
USDA Says $20M Will Help Tribes Access Climate Market
Federally recognized tribes and Alaska Native corporations and villages are getting a $20 million bump to broaden their access to emerging climate markets as a way to address ongoing climate change, the U.S. Department of Agriculture said on Wednesday.
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February 14, 2024
Energy Co. Says Tribal Court Being Used To Duck $12M Award
Merit Energy Operations is asking a federal district court to block two Wyoming tribes from using the tribal judicial system to vacate a $12.6 million arbitration award against them, saying the move is a blatant attempt to escape the ultimate result in the case.
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February 14, 2024
Feds, Power Line Developer Decry Tribes' Suit As 'Too Late'
The federal government and SunZia Transmission LLC, the developer of a 550-mile power line, urged an Arizona federal judge Tuesday to deny a request from tribes and conservations groups for a preliminary injunction halting the project's construction, saying they waited too long to make their challenge.
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February 14, 2024
Navajo Say Hopi Tribe Bid To Join Land Trust Suit Is Untimely
The Navajo Nation has said the Hopi Tribe's attempt to intervene in its lawsuit against the U.S. government over a land trust and casino road easement dispute is untimely, coming after nearly four years of litigation.
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February 14, 2024
Patterson Earnhart Names Equity Partners, Opens Wis. Office
Native American law firm Patterson Earnhart Real Bird & Wilson LLP has announced two new equity partners, one of whom will lead a new office in Wisconsin.
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February 13, 2024
Feds Want 'Free Pass' Out Of Climate Suit Trial, Youths Say
Twenty-one plaintiffs suing to force the U.S. government to curb fossil fuel use and cut carbon emissions told the Ninth Circuit on Monday that the government's latest attempt to pause their lawsuit amounts to its shunning procedural rules and asking for "a free pass out of trial" not available to other people.
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February 13, 2024
CMS Must Rethink $4M Training Contract Award, GAO Rules
The Centers for Medicare & Medicaid Services will have to reconsider a contract it awarded to a public relations firm after the U.S. Government Accountability Office sustained all four aspects of a competitor's protest over how their bids were evaluated.
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February 13, 2024
Fla. Casinos Ask Justices To Undo Seminole Gaming Compact
Two Florida casino operators are asking the Supreme Court to reverse a lower federal court's decision that said a compact allowing online sports betting off tribal lands between the Sunshine State and the Seminole Tribe is lawful, arguing that the outcome of the case could set a nationwide precedent as an end-run around state and federal limitations in the Indian Gaming Regulatory Act.
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February 13, 2024
Tribes Seek Split Arguments In High Court Healthcare Dispute
Two Native American tribes are asking the U.S. Supreme Court to allow them to separately argue their positions in seeking to uphold rulings that ordered the federal government to reimburse them millions in administrative healthcare costs, adding that the issues presented in the case are at the core of their ability to perform a critical service on their reservation lands.
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February 13, 2024
Arizona Lawmakers Sue Feds Over Grand Canyon Monument
The top Republicans in the Arizona Legislature and the state treasurer are asking a federal court to overturn President Joe Biden's protection of nearly a million acres in northern Arizona, calling his creation of the Baaj Nwaavjo I'tah Kukveni-Ancestral Footprints of the Grand Canyon National Monument an "unlawful land grab."
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February 13, 2024
Rancher Accuses Biden Admin Of Abusing Antiquities Act
A sixth-generation Arizona rancher has slapped the Biden administration with a complaint in Arizona federal court, accusing the president of abusing the Antiquities Act to designate a million acres of land in the state as a national monument.
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February 12, 2024
Activists Ask Justices To Reverse Calif. Tribal Casino Approval
An anti-casino advocacy group has asked the U.S. Supreme Court to review a Ninth Circuit decision that upholds the dismissal of its suit, claiming the federal government erred when finding that the Ione Band of Miwok Indians is eligible to open a casino in California.
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February 12, 2024
Utah Defends Standing In Monument Cases Before 10th Circ.
The state of Utah has doubled down in urging the Tenth Circuit to reverse a Utah federal judge's decision dismissing the state's challenge of the Biden administration's redesignation of large swaths of land as part of two national monuments, saying its case should have readily survived the motions to dismiss that led to its downfall.
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February 12, 2024
Judge Amends Camp Operator's $1M Surety Bond Order
A federal district judge has agreed to modify a Montana campground operator's $1 million surety bond stay order pending an appeal to the Ninth Circuit, saying the company's proposed substitution of its projected net income for 2024 raises questions about its reported principal income.
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February 12, 2024
Canadian High Court Affirms Native Child Welfare Act Lawful
The Supreme Court of Canada has determined that federal legislation giving Indigenous nations jurisdiction over their own child welfare services is constitutional, reversing a lower court's decision that partially invalidated the law after Quebec officials argued the Trudeau administration overstepped its legislative authority in approving it.
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February 09, 2024
9th Circ. Judge Doubts Continued Role In Tribal Fishing Fight
A Ninth Circuit judge on Friday questioned whether federal courts' 50-year stretch of close supervision of Washington tribal fishing rights was too long, in a case involving the Stillaguamish Tribe of Indians' dispute with several other tribes involving fishing territories in coastal waters.
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February 09, 2024
SunZia Line Developer To Argue Against DOI Injunction Bid
The developer of the proposed SunZia Southwest Transmission Project can intervene in litigation seeking to halt construction of its 550-mile powerline, a federal district court ruled, saying that disposing of the motion may impair the company's ability to protect its interests.
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February 09, 2024
Ore. Dam Can Be Reviewed In 5 Years, Judge Says
An Oregon federal district court judge handed down a five-year pause on a decades-old lawsuit over the Columbia River System dams' hydropower practices, saying a stay best serves the orderly course of justice in litigation that's rife with complex issues.
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February 09, 2024
Feds Ask 9th Circ. To Pull Plug On Ore. Kids' Climate Case
The federal government is urging the Ninth Circuit to overturn an Oregon federal judge's decision to greenlight a trial for a lawsuit filed by young plaintiffs who say current energy policies harm their future by exacerbating climate change.
Expert Analysis
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What's At Stake In High Court's Tribal Bankruptcy Ruling
By accepting Lac du Flambeau v. Coughlin, the U.S. Supreme Court has an opportunity to revisit tribal sovereign immunity by way of interpreting the U.S. Bankruptcy Code, with significant repercussions when tribes are eligible to file as debtors, says Wilda Wahpepah at Sheppard Mullin.
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Atty-Client Privilege Arguments Give Justices A Moving Target
Recent oral arguments before the U.S. Supreme Court in a case regarding the scope of the attorney-client privilege appeared to raise more questions about multipurpose counsel communications than they answered, as the parties presented shifting iterations of a predictable, easily applied test for evaluating the communications' purpose, say Trey Bourn and Thomas DiStanislao at Butler Snow.
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5 Gen X Characteristics That Can Boost Legal Leadership
As Generation X attorneys rise to fill top roles in law firms and corporations left by retiring baby boomers, they should embrace generational characteristics that will allow them to become better legal leaders, says Meredith Kahan at Whiteford Taylor.
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6 Questions For Boutique Firms Considering Mergers
To prepare for discussions with potential merger partners, boutique law firms should first consider the challenges they hope to address with a merger and the qualities they prioritize in possible partner firms, say Howard Cohl and Ron Nye at Major Lindsey.
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5 Tips For Adding Value To Legal Clients' Experience In 2023
Faced with a potential economic downturn this year, attorneys should look to strengthen client relationships now by focusing on key ways to improve the client experience, starting with a check-in call to discuss client needs and priorities for the coming year, say attorneys at Troutman Pepper.
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6 Ways To Avoid Compounding Errors When Practicing Law
For lawyers and law firms, inevitable human error can lead to claims of malpractice or ethical violations, but the key is to avoid exacerbating mistakes by adding communication failures, conflicts of interest or insurance coverage losses, says Mark Hinderks at Stinson.
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What Will Keep Legal Talent Professionals Up At Night In 2023
Hybrid work environments, high demand for lateral hires and a potential slowdown of the economy defined 2022 in the always-busy marketplace for legal talent, and as BigLaw looks at the year ahead, there are five major sources of concern for the teams charged with securing and retaining that talent, say advisers at Baretz+Brunelle.
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The Most-Read Legal Industry Law360 Guest Articles Of 2022
A range of legal industry topics drew readers' attention in Law360's Expert Analysis section this year, from the "great resignation" to potential expansion of attorney-client privilege.
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Will BLM's 2nd Attempt At Natural Gas Waste Rule Succeed?
The Bureau of Land Management's new natural gas waste reduction proposal revamps a 2016 rule struck down for trying to regulate air emissions — and while the proposal's focus is reducing operator costs and raising taxpayer revenue, it may still face court challenges, say Andrew Glenn and Katie Andersen at Husch Blackwell.
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What 3 Legal Industry Trends From 2022 Mean For Next Year
Kate Reder Sheikh at Major Lindsey & Africa looks back on the year in legal recruiting, including practice areas that saw the most movement, which regions seemed most ripe for new office openings and who was promoted to partner, and makes some look-ahead predictions for 2023.
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Learning From This Year's Legal Industry Discrimination Suits
To limit the risk of lawsuits and make the workplace a more welcoming environment for female attorneys, it is important to reflect on lawyers' recent discrimination and sexual harassment claims against law firms and public employers, says Hope Comisky at Griesing Law.
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Series
The Future Of Legal Ops: AI Has Important Role To Play
Though the debut of OpenAI's ChatGPT has prompted some fears about negative impact on lawyers, artificial intelligence technology can be a powerful tool for legal operations professionals if used effectively to augment their work, say Justin Ben-Asher and Gwendolyn Renigar at Steptoe, and Elizabeth Matthews at TotalEnergies.
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4 Proactive Strategies For 'Rocket Docket' Discovery In SDNY
With more than half of Southern District of New York judges now allowing four or fewer months for fact discovery, civil litigators in this aspiring "rocket docket" jurisdiction should prioritize case management methods that make the most of this compressed timeline, say Jaclyn Grodin and Nicholas Cutaia at Goulston & Storrs.
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Opinion
Increasing Law Firm Polarization Will Degrade Rule Of Law
As evidenced in recent instances of law firms separating from attorneys who represented certain industries or espoused certain views, firms and the legal practice itself have grown troublingly polarized and intolerant of dissent, says Rebecca Roiphe at New York Law School.
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How To Deal With Difficult Clients, Practically And Ethically
Meredith Stoma at Lewis Brisbois discusses common obstacles for counsel working with difficult clients and provides guidance on ethically managing or terminating these challenging relationships — as, for example, counsel for Ye have recently done.