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Native American

  • October 23, 2018

    Enviro Group Blasts Trump's Pick For FWS Director

    An environmental group focused on endangered species issues on Tuesday slammed President Donald Trump's intended pick to lead the U.S. Fish and Wildlife Service, saying she favored policies adverse to wildlife preservation.

  • October 23, 2018

    Proposed Tribal Culture Bill Aims To Stop Artifact Trafficking

    A bill designed to stop the international trafficking of federally protected tribal cultural heritage artifacts has landed in the U.S. House following the release of a Government Accountability Office report on overseas auction sales of Native American cultural items, particularly from the Southwestern states.

  • October 23, 2018

    Utes Say Group Of Members Don't Belong In Monument Suit

    The Ute Indian Tribe has told a D.C. federal judge that a group claiming to represent tribal members is actually a group of disgruntled members who don't hold leadership positions, urging the court to exclude them from a suit challenging President Donald Trump's decisions to shrink the Bears Ears and Grand Staircase-Escalante national monuments.

  • October 22, 2018

    9th Circ. Stands Firm On $64M Tax Rulings Against Tribal Co.

    The Ninth Circuit on Monday declined to rethink two rulings that found a Native American tobacco company liable for some $58 million in excise taxes and $6 million in fees.

  • October 22, 2018

    Fed. Circ. Rejects Bid For PTAB Tribal Immunity Rehearing

    The full Federal Circuit on Monday said it won't reconsider a panel’s ruling that tribes can face Patent Trial and Appeal Board scrutiny, likely paving the way for one of the court’s closest-watched cases to head to the U.S. Supreme Court.

  • October 22, 2018

    Tribe Accuses Mich. Of Using 'Rules Of Their Own Invention'

    An American Indian community and Michigan officials have filed competing motions in federal court seeking quick wins in a suit over the state's tax authority, with the community saying Michigan was applying “legally incorrect rules of their own invention” and the officials saying the community relied on inapplicable law.

  • October 22, 2018

    Gov'ts Must Link Patient Data To Prescriptions In Opioid MDL

    A special master on Sunday said that local governments suing drugmakers over the opioid crisis in multidistrict litigation should provide opioid manufacturers with patient data for opioid prescriptions, along with other information, so that the companies can match the information in other databases.

  • October 22, 2018

    Okla. Tells Justices Congress 'Destroyed' Tribal Authority

    Oklahoma has pressed the U.S. Supreme Court to rule that the Muscogee (Creek) Nation's reservation no longer exists in a case involving the state court murder conviction of a Creek citizen, saying Congress intended to "dismantle" the Creek and other Oklahoma tribes and "destroyed" their land ownership in order to create the state.

  • October 22, 2018

    Native, Animal Groups Launch Privacy-Based Climate Suit

    A Native American women’s green group and an animal rights organization sued the federal government Monday, alleging its actions on a host of environmental issues have exacerbated climate change and violated U.S. citizens’ right to privacy under the Constitution.

  • October 22, 2018

    NCAI Puts Exec On Leave Amid Hostile Workplace Claims

    The National Congress of American Indians announced Saturday that tribal leaders had placed the organization’s executive director on leave amid calls for an investigation into reports of a hostile workplace and sexual harassment, weeks after the departure of the organization’s long-serving counsel.

  • October 19, 2018

    3 States Say Controversial Water Rule Infringes Their Rights

    Three states told a Texas federal court that an Obama administration rule that broadened the reach of the Clean Water Act and was widely contested by other states and industry groups should be thrown out, saying it conflicts with Supreme Court precedent, the intent of the law and infringes on states’ rights.

  • October 19, 2018

    Trump Looks To Ease Burdens On Western Water Projects

    President Donald Trump on Friday directed two federal agencies to look for ways to make it easier for developers to complete water infrastructure projects in California, Washington and Oregon, including streamlining procedures that are in place to protect the environment and endangered species.

  • October 19, 2018

    CashCall Owes $200M For Loan Scheme, CFPB Tells 9th Circ.

    The U.S. Consumer Financial Protection Bureau urged the Ninth Circuit on Friday to reverse a lower court order and force CashCall Inc. to cough up more than $200 million for bilking consumers on high-interest payday loans, saying the company escaped with just a $10 million fine because a federal judge wrongly decided the company didn't have to pay restitution.

  • October 19, 2018

    Ex-Tribe Head's Testimony Shows Lack Of Reservation: Mich.

    Michigan told a federal court to deny a bid from The Little Traverse Bay Bands of Odawa Indians to trim claims in a suit seeking recognition of its boundaries, saying testimony from the former tribe chairman supports that a 1994 law was not intended to reaffirm the borders of the reservation prior to the 1870s.

  • October 19, 2018

    EPA Withdraws Obama-Era Uranium Mining Safety Rule

    The U.S. Environmental Protection Agency on Thursday withdrew an Obama-era proposal for new health and environmental protection regulations for uranium ore extraction that would have required stricter groundwater quality and monitoring standards.

  • October 19, 2018

    Texas Foster Care Would Imperil Indian Children, Tribes Say

    Four Native American tribes pressed a Texas federal judge Friday to put a hold on his ruling that the Indian Child Welfare Act is unconstitutional, saying that a Fifth Circuit decision the previous day showed that putting Indian children in the state’s foster care system would expose them to “severe risk of sexual and other abuse."

  • October 19, 2018

    Ex-Google Exec's Co. Can't Arbitrate Tribal Payday Loan Suit

    A Washington federal judge has denied a bid by a former Google executive's financial technology company and a tribal corporation through which his fintech firm ran a payday lending business to force into arbitration a suit over exorbitant interest rates, ruling that arbitration clauses in agreements borrowers signed are invalid.

  • October 18, 2018

    Allergan Must Produce CEO’s Tribal Patent Docs In MDL

    A New York federal judge has ordered Allergan to produce documents from the files its CEO and other senior executives on a deal that transferred patents to a Native American tribe for plaintiffs in multidistrict litigation accusing the drugmaker of illegally delaying a generic version of its dry-eye medication Restasis.

  • October 18, 2018

    Va., Ind. Residents Say Tribal Lender Skirted State Usury Laws

    Virginia and Indiana residents have hit MobiLoans LLC with a proposed class action to stop it from allegedly circumventing state usury laws to make loans to needy consumers at triple-digit interest rates.

  • October 18, 2018

    Wash. Tells Justices Tribal Right Isn't Violated By Fuel Tax

    The Washington State Department of Licensing told the U.S. Supreme Court to reverse a state Supreme Court ruling in favor of a tribal fuel distributor, saying a fuel tax does not violate the Yakama Nation’s right to travel on public highways and the company read a tribal treaty right too broadly while mischaracterizing state law.

Expert Analysis

  • Need Litigation Finance? Don't Skip These 5 Steps

    Molly Pease

    The process of applying for litigation financing isn’t difficult, but few do it right the first time. Following five steps in your application process will help make sure litigation funders are convinced of the value of your company's legal claims, says Molly Pease of Curiam Capital LLC.

  • A Closer Look At EPA Inspector General's New Strategic Plan

    Brian Stansbury

    The U.S. Environmental Protection Agency's Office of Inspector General recently released its strategic plan for 2019 to 2023. Brian Stansbury and Leah Min of King & Spalding LLP provide insights on several noteworthy aspects, such as how the OIG will hold the EPA accountable for meeting 2019 targets and rely on data and business analytics to meet its goals.

  • A Holistic Approach To Client Retention

    Dan Tacone

    In an era when law firms are fighting for business and clients can dictate the terms of the relationship, "value" has become a moving target. Firms that take a proactive approach by using strategies designed to articulate value over time will gain the competitive advantage, says Dan Tacone at Intapp Inc.

  • Q&A

    A Chat With Allens Pricing Chief Pier D'Angelo

    Pier D'Angelo

    In this monthly series, Amanda Brady of Major Lindsey & Africa interviews management from top law firms about the increasingly competitive business environment. Here we feature Pier D'Angelo, chief pricing and practice officer at Allens.

  • Beware Litigating Against Tribal Entities In Federal Court

    Richard Duncan

    Two recent decisions demonstrate the difficulty of keeping commercial disputes involving Indian tribes in federal court — and the risks to parties assuming they can adjudicate disputes against tribal businesses in the same way they litigate disputes with nontribal entities, say attorneys at Faegre Baker Daniels LLP.

  • Opinion

    The ABA Was Dead Wrong About Model Rule 8.4(g)

    Bradley Abramson

    In the two years since the American Bar Association's controversial anti-discrimination and harassment rule, only one state has adopted it, while numerous state supreme courts, state attorneys general and legal groups have correctly rejected Model Rule 8.4(g) as a threat to lawyers' First Amendment rights, says Bradley Abramson, an attorney with Alliance Defending Freedom.

  • Opinion

    The Supreme Court Should Become Boring

    Alexander Klein

    In the aftermath of Justice Brett Kavanaugh's confirmation, the U.S. Supreme Court should decline review of the nation's most polarizing political questions unless and until the questions become time-sensitive, says Alexander Klein, head of the commercial litigation group at Barket Epstein Kearon Aldea & LoTurco LLP.

  • Q&A

    Back To School: BC's Kent Greenfield Talks Corporate Law

    Kent Greenfield

    In this series featuring law school luminaries, Boston College Law School professor Kent Greenfield reflects on his corporate law theories, his legal battle with the Pentagon over free speech and gay rights, and important constitutional law issues to watch out for.

  • Kavanaugh Cannot Be Compelled To Recuse Himself

    Donald Scarinci

    Whether Justice Brett Kavanaugh’s prior statements may be grounds for disqualification when it comes to judging certain cases is debatable, but there are no specific recusal guidelines for the U.S. Supreme Court. The justices themselves don’t even agree on where to draw the line when it comes to perceived political bias, says Donald Scarinci, a founding partner of Scarinci Hollenbeck LLC.

  • Knowledge Management: An Unsung Hero Of Legal Innovation

    Rob MacAdam

    As technology evolves, law firms are increasingly looking for ways to improve communication, transparency and service for their clients. Firms should put knowledge management at the core of their value proposition to create a competitive advantage, says Rob MacAdam at HighQ.