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Native American

  • December 11, 2018

    EPA, Army Corps Float Replacement Water Rule

    The Trump administration on Tuesday unveiled its replacement of a rule designed to clarify which waterways in the country are subject to Clean Water Act jurisdiction, taking a narrower approach than the Obama administration and delivering on one of the president’s key campaign promises.

  • December 10, 2018

    Judge Mulls Several Outcomes For NY Opioid Surcharge Law

    A Manhattan judge probed the pharmaceutical industry's attack on New York’s $600 million levy on the opioid industry and the state's defense of the law at a Monday hearing, asking questions that suggested a range of outcomes were on the table between letting the law be and striking it down.

  • December 10, 2018

    11th Circ. Drops Seminole Tribe's Suit Over Fla. Utility Tax

    The Eleventh Circuit has declined to revive the Seminole Tribe of Florida’s suit fighting the application of a state tax to electricity it uses for federally regulated activities, holding that the tribe lost its chance to raise the claims after failing to do so properly in an earlier challenge.

  • December 10, 2018

    House OKs Bill To Spur Tribes' Energy Projects

    The U.S. House of Representatives approved a bill Monday that will allow Native American tribes to take more control over energy development on their lands, teeing the legislation up for signature by President Donald Trump.

  • December 10, 2018

    Employees Of Tribe Education Program Plead Guilty To Theft

    Two employees of a Blackfeet Tribe early childhood health and education program overseen by the U.S. Department of Health and Human Services pled guilty to stealing money through a scheme where they and others falsely claimed thousands of overtime hours they did not work, the U.S. Department of Justice said Friday.

  • December 10, 2018

    Tribe Fights For Water Quality Rule In Maine's EPA Suit

    A tribe countering Maine's suit against the U.S. Environmental Protection Agency is pressing a federal court to declare that the state cannot lower water quality standards on the Penobscot River's main stem because it must be free from pollution so the tribe can maintain its fishing culture.

  • December 10, 2018

    Keystone Developer Can't Prep Pipeline Construction

    Developer TransCanada Corp. may not move forward with certain pre-construction activities on the Keystone XL pipeline while the U.S. Department of State conducts its environmental review, a Montana federal judge has held, delivering another setback to the Trump administration’s bid to build the controversial pipeline amid protests by environmental and indigenous groups.

  • December 7, 2018

    Many Native Americans Lack High-Speed Internet: Census

    Native Americans living on Indian lands are among the people least likely in the United States to have access to high-speed internet service, the U.S. Census Bureau reported Thursday.

  • December 7, 2018

    Senate OKs Bill To Fight Crime Against Tribal Women

    The Senate has approved a bipartisan bill that would bolster law enforcement efforts to investigate the abductions and murders of Native American women, many of which “go uninvestigated and unresolved,” according to the measure’s co-sponsor.

  • December 7, 2018

    Corps, Dakota Access Say Tribes Didn't Obey Order

    The U.S. Army Corps of Engineers and Dakota Access LLC said that several Native American tribes had failed to follow a D.C. federal judge’s order to spell out what claims they plan to continue with in their challenge to the Dakota Access pipeline, as the tribes contended that the record in the case should be fleshed out first.

  • December 7, 2018

    Data-Driven Lawyer: Morgan Lewis' J. Kyle Poe

    Morgan Lewis' J. Kyle Poe, a self-proclaimed "elder millennial," created a client management platform to streamline the firm's work in asbestos litigation that is now used across practice areas, making the firm's business more efficient and upping its ability to attract clients through innovative fee arrangements, earning him a spot on our 2018 list of Data-Driven Lawyers.

  • December 7, 2018

    Tribes Can't Stop FCC's Next-Gen Towers, DC Circ. Told

    The Federal Communications Commission has urged the D.C. Circuit to toss out a petition for review by tribes and environmentalists regarding the commission’s plan to accelerate the building of 5G infrastructure, saying the deployment of small-cell fixtures is not a major federal action.

  • December 6, 2018

    Enviros Blast BLM Revamp To Sage-Grouse Plan

    The U.S. Bureau of Land Management on Thursday unveiled revisions of an Obama-era plan to protect greater sage-grouse and their habitat that environmental groups immediately denounced as a giveaway to oil and gas developers and other industries that threatens the bird's future.

  • December 6, 2018

    Tribal Casino Tax Row Judgment Must Be Stayed, SD Says

    South Dakota officials have urged a federal court to hold off on barring the government from taxing purchases by nontribal members at a Sioux tribe's casino, arguing it would be "extremely unlikely" for the state to recover distributed escrow funds if it wins an Eighth Circuit appeal of the lower court's judgment.

  • December 6, 2018

    Justices Unlikely To Curb Dual Prosecutions By States, Feds

    The U.S. Supreme Court appeared ready Thursday to reject a historic challenge to separate prosecutions by states and the federal government for the same offense, as both liberal and conservative justices expressed reservations about overturning “170 years” of precedent.

  • December 6, 2018

    Feds Urge Justices To Spurn Tribal Court Exhaustion Case

    The federal government has recommended that the U.S. Supreme Court reject a petition claiming Ute Indian Tribe officials tried to extort money from a business owner near the tribe’s reservation, saying there isn't any plain conflict in how state courts handle the question of when parties to litigation must exhaust their remedies in tribal court.

  • December 6, 2018

    Pueblo Tribe Slams Texas' Bid To End Bingo Operations

    A Pueblo tribe on Wednesday slammed Texas' move to stop its bingo machine operations, arguing in federal court that the state's bingo classifications improperly exclude Indian tribes and that the state impinges on the tribe's rights under the Fourteenth Amendment.

  • December 6, 2018

    'Opioid Babies' Denied MDL Separate From Ohio Gov't Suits

    The U.S. Judicial Panel on Multidistrict Litigation on Thursday denied a request from plaintiffs representing "opioid babies" — infants of mothers who were addicted to prescription drugs — to separate their suits into a distinct multidistrict litigation, ruling that their unique damages don’t outweigh the inconvenience caused by such a separation.

  • December 6, 2018

    Data-Driven Lawyer: Ogletree's Evan Moses

    Ogletree's Evan Moses uses unconventional strategies to boost the firepower of his class action practice, including a homegrown Monte Carlo algorithm, earning him a spot on our 2018 list of Data-Driven Lawyers.

  • December 6, 2018

    McNamee Confirmed For FERC Slot Amid Climate Controversy

    The U.S. Senate on Thursday narrowly confirmed Bernard McNamee to fill a vacant slot on the Federal Energy Regulatory Commission over unified Democratic opposition due to his role in the Trump administration's efforts to bail out coal and nuclear plants and his documented criticism of renewable energy.

Expert Analysis

  • Opening Comments: A Key Strategic Decision In Mediation

    Jann Johnson

    Opening comments by parties in mediation that are made with the proper content and tone can diffuse pent-up emotion and pave the way for a successful resolution. But an opening presentation can do more harm than good if delivered the wrong way, say Jann Johnson and William Haddad of ADR Systems LLC.

  • Series

    Judging A Book: Ginsburg Reviews 'The Curse Of Bigness'

    Judge Douglas Ginsburg

    When reading Tim Wu’s new book, "The Curse of Bigness: Antitrust in the New Gilded Age," lawyers, economists and historians will find its broad brush maddening, and the generalist reader will simply be misled, says D.C. Circuit Judge Douglas Ginsburg.

  • Jurors Should Ask More Questions During Trials

    Matthew Wright

    Permitting jurors to submit written questions, or even to pose questions orally to witnesses on the stand, advances several important goals and promotes both fairness and efficiency, says Matthew Wright of McCarter & English LLP.

  • Calif. Ruling Dings Engagement Letter Arbitration Clauses

    Sharon Ben-Shahar Mayer

    The California Supreme Court's recent decision in Sheppard Mullin v. J-M Manufacturing has cast doubt on arbitration clauses in attorney engagement agreements, jeopardizing the efficient resolution of malpractice claims and fee disputes, say Sharon Ben-Shahar Mayer and Mark Drooks of Bird Marella Boxer Wolpert Nessim Drooks Lincenberg & Rhow PC.

  • 10 Things We Wish We Were Told When Going In-House

    Dana Lee

    Attorneys at Albert Einstein College of Medicine, Perkins Coie LLP and the Healthcare Association of New York State reflect on lessons they learned the hard way when transitioning to in-house counsel positions.

  • Opinion

    High Court Should Recognize Okla. Creek Reservation

    Kevin Dellinger

    On Nov. 27, the U.S. Supreme Court will hear arguments in Carpenter v. Murphy as to whether the Creek Reservation in Oklahoma still exists. The law and history are clear that it remains intact, says Kevin Dellinger, attorney general of the Muscogee (Creek) Nation.

  • The Virtual Law Team: Advantages For Litigants And Lawyers

    Jessica Cox

    The virtual law team was created as a necessary response to mass tort litigation — however, with advances in technology and ever-increasing specialization of the legal practice, the model should be considered in multiplaintiff litigation of any size, say attorneys at Faegre Baker Daniels LLP.

  • Q&A

    BigLaw Alums Q&A: Mark Migdal's Lara O'Donnell Grillo

    Lara O’Donnell Grillo

    BigLaw firms tended to be inflexible, with methods that were inconsistent with how I wanted to practice law. There were many time-wasting aspects of the practice, says Lara O’Donnell Grillo of Mark Migdal & Hayden.

  • Emerging Cybersecurity Threats In The Legal Industry

    Michael Hall

    Predicting how the cybersecurity landscape will develop is critical for any organization wanting to mitigate the risk of the inevitable future attack. Michael Hall of HighQ Solutions Ltd. discusses five threats to look out for in the next 12 months.

  • How The FAA Reauthorization Accelerates Drone Integration

    Joel Roberson

    The law reauthorizing the Federal Aviation Administration requires the FAA to take numerous regulatory actions that will reshape the use of drones by governmental, commercial, hobbyist and recreational operators, say Joel Roberson and Jennifer Nowak of Holland & Knight LLP.