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Native American

  • September 10, 2018

    Calif. Spill Conviction Is A Wake-Up Call For Pipeline Cos.

    A California state jury on Friday convicted Plains All American Pipeline LP on several charges stemming from a 2015 pipeline spill, a result that should sound the compliance alarm for pipeline companies everywhere and further embolden opposition to oil and gas project development and permitting, attorneys say.

  • September 10, 2018

    DOI Gets Okla. Tribe's Land Jurisdiction Claims Tossed

    A D.C. federal judge granted a bid by federal prosecutors to dismiss the Kialegee Tribal Town's suit saying it shares jurisdiction over the Muscogee (Creek) Nation's lands in Oklahoma, ruling the tribe failed to properly lodge specific claims of government misconduct and giving it leave to try again.

  • September 10, 2018

    Okla. Urges Justices To Rebuff Tribe's Tax Arbitration Case

    The state of Oklahoma on Monday asked the U.S. Supreme Court to reject a petition by the Citizen Potawatomi Nation seeking to restore its $27 million arbitration victory for an exemption from state alcohol sales taxes, saying there is no circuit split at stake and that only a limited group of tribes would be affected by the ruling.

  • September 10, 2018

    Tribes Launch Fresh Challenge To Keystone XL Approval

    Two Native American tribes sued the federal government Monday in a bid to stop the Keystone XL oil pipeline, alleging there was no analysis of how the project would affect their water systems and treaty rights.

  • September 7, 2018

    Measuring The Recession’s Toll On The Legal Industry

    For starting attorneys, the financial crisis casts a long shadow, even though the worst is past. Here’s our breakdown of the data showing its impact and where the industry’s headed.

  • September 7, 2018

    Too Small To Fail?

    It’s been almost 10 years since Lehman Brothers collapsed — kicking off a global recession and putting two Skadden partners on a path to building a firm that would weather the storm. Here's how upstarts and their larger rivals are positioning themselves for the next downturn.

  • September 7, 2018

    Enviros Ask 2nd Circ. To Rethink Cooling Water Decision

    Environmental groups have asked the Second Circuit to reconsider a panel ruling that upheld the U.S. Environmental Protection Agency’s rule requiring power plants and manufacturers to minimize damage to aquatic life caused by pulling in water from lakes.

  • September 7, 2018

    UK Equity Firm Partly Escapes Tuna Price-Fix Claims

    The British private equity firm that owns Bumble Bee Foods can largely slip the net of multidistrict litigation over an alleged tuna fish price-fixing plot, a California federal judge ruled, but the firm's American arm still faces potential antitrust class actions.

  • September 7, 2018

    States Back Tribe, Allergan Fed. Circ. Bid For PTAB Immunity

    Seven states and two state universities urged the full Federal Circuit Friday to rehear a decision that tribal sovereign immunity doesn’t apply in reviews at the Patent Trial and Appeal Board, saying the holding misreads the law and could subject patents owned by states to PTAB review.

  • September 7, 2018

    FCC Needs Better Data On Tribal Broadband, GAO Says

    The Federal Communications Commission needs to improve how it works with Native American tribes to collect information about high-speed internet on tribal lands, as the agency's data has “overstated tribes' broadband availability and access to broadband service” and made it harder to furnish funding for tribes’ needs, according to a U.S. Government Accountability Office report released Friday.

  • September 7, 2018

    Mining Cos. Say Tribe, Enviros Wrong To Fight BLM Permit

    Three mining companies have urged an Alaska federal court to deny a bid for summary judgment from a tribe and environmental groups challenging the U.S. Bureau of Land Management's decision to approve mining exploration permits in a watershed, saying the agency is not required to analyze the environmental impact of potential mines.

  • September 7, 2018

    Tribal Leader Social Security Bill Sent To President

    The U.S. Senate has approved a bill that would allow Native American tribal leaders to have better access to Social Security benefits, teeing the bill up for signature by President Donald Trump.

  • September 6, 2018

    Oneida Tribe, Wis. Village Battle Over Reservation Borders

    The Oneida Nation and a Wisconsin village urged a federal judge Wednesday to reject each other’s bids for a quick win in a fight over the village’s demands that the tribe obtain a permit for an apple festival, disagreeing over whether the tribe’s reservation had been shrunk to the extent that the festival took place off tribal land.

  • September 6, 2018

    GAO Suggests Gov't Bolster Efforts To Recover Tribal Items

    Federal agencies can do more to help Native American tribes recover sacred objects and other cultural items from overseas auctions, the U.S. Government Accountability Office said in a report, suggesting that agencies evaluate whether revising U.S. laws could aid with repatriation efforts.

  • September 6, 2018

    Online Lender Again Claims Tribal Immunity In Latest Suit

    An online lender created by a Native American tribe urged a California federal judge to throw out a proposed class action by consumers who say the company charged illegally high interest rates, arguing Tuesday it’s protected by tribal immunity, in the latest case brought against the company.

  • September 6, 2018

    State AGs Join Fight Over DOI Flip On Migratory Bird Kills

    Democratic attorneys general from eight states sued the U.S. Department of the Interior in New York federal court seeking to undo its decision not to criminally prosecute individuals and companies for accidentally killing or injuring migratory birds, joining environmental groups that have already challenged the policy about-face.

  • September 6, 2018

    Utah Tribal Group Can't Issue Hunting, Fishing Permits

    A Utah federal judge has ruled that a group claiming Native American ancestry didn’t have the authority to grant hunting and fishing licenses for use on the Ute Indian Tribe’s reservation but didn’t let the federal government have an injunction on sale of the licenses because there wasn’t evidence of fraud by the group.

  • September 6, 2018

    Cherokee Nation Tossed From Tuna Price-Fixing MDL

    The Cherokee Nation lacks standing to sue packaged tuna producers Bumble Bee Foods LLC, Chicken of the Sea and StarKist Co. for an alleged price-fixing conspiracy, a California federal judge has ruled in ejecting the tribe from a broader multidistrict litigation.

  • September 5, 2018

    Greenpeace Looks To End Dakota Pipeline RICO Suit

    Greenpeace Inc. and related entities asked a North Dakota federal judge to throw out a lawsuit alleging they were responsible for impeding work on the controversial Dakota Access pipeline, saying the accusations in the complaint are not specific enough and serve only to chill the speech of pipeline opponents.

  • September 5, 2018

    Enviros Ask DC Circ. To Nix Mountain Valley Pipeline Approval

    A coalition of environmental groups and tribal officials told the D.C. Circuit that the Federal Energy Regulatory Commission got it wrong when it approved a certificate that greenlighted the $3.5 billion Mountain Valley Pipeline, arguing the commission overstated the need for the project and understated its harms.

Expert Analysis

  • 3 Risk Management Tips To Protect Your Tribe’s Resources

    Venus Prince

    While tribes might have sovereign immunity against many third-party claims, that immunity has been eroded in recent years. Purchasing insurance can help mitigate losses, but tribes need to develop a holistic approach to truly manage all the different types of risk, say Venus Prince and Krystalyn Kinsel of Kilpatrick Townsend & Stockton LLP.

  • Analyzing The Economics Of Litigation Funding

    J.B. Heaton

    The growth of litigation funding has only increased the controversy surrounding it. Looking to move beyond the rhetoric for and against the practice, attorney and investment analytics expert J.B. Heaton, of J.B. Heaton PC and Conjecture LLC, attempts an objective analysis of the underlying economics of the litigation funding arrangement.

  • How We Got Here: A Look Back At Trailblazing Women In Law

    Jill Norgren

    Today's female lawyers stand on the shoulders of several generations of pioneers. Here, historian Jill Norgren explains how the status of women in the legal profession has changed since the 1870s.

  • Indian Nations' Fee Lands Protections Are On Shaky Ground

    Neasa Seneca

    While the U.S. Supreme Court's decision in Upper Skagit v. Lundgren stopped short of creating an immovable property exception to tribal sovereign immunity, the decision signals a willingness to do so. Indian nations should proceed with caution in applying the Nonintercourse Act to lands owned in fee simple, says Neasa Seneca of Lippes Mathias Wexler Friedman LLP.

  • Introducing The Legal Industry To Millennial Business Owners

    Yaima Seigley

    ​The current business climate has produced vast opportunities for seasoned lawyers to create valuable connections with millennial business owners, but first lawyers must cleanse their palate of misconceptions regarding millennials, says Yaima Seigley of Isaac Wiles Burkholder & Teetor LLC.

  • Key Issues States Face In The Wake Of Sports Bet Ruling

    Jim Havel

    While the U.S. Supreme Court’s decision this week removing the federal ban on sports betting may appear straightforward, the path toward regulating sports betting across the United States may be anything but simple, say attorneys with Bryan Cave Leighton Paisner LLP.

  • Opinion

    Why Won't Judicial Nominees Affirm Brown V. Board Of Ed?

    Franita Tolson

    On May 17, 1954, the U.S. Supreme Court decided Brown v. Board of Education, recognizing a moral and legal truth that should be beyond question in American society. The refusal by some of President Donald Trump's judicial nominees to say whether they believe the case was decided correctly is indicative of the narrow-minded elitism they would bring to the bench, says professor Franita Tolson of the University of Southern California's Gould School of Law.

  • The Lawyers' Guide To Cloud Computing

    Daniel Garrie

    In deciding whether cloud computing is right for the organization or firm, an attorney must consider cloud computing’s significant impact on the electronic discovery process, say Daniel Garrie, managing partner at Law & Forensics LLC, and David Cass, chief information security officer at IBM Cloud.

  • Opinion

    Recovering Lawyers' Lost Position Of Independence

    Samuel Samaro

    In these politically divisive times, many ask whether our institutions and traditions can help us return to a greater consensus. In days long past, the legal profession could have been counted on to serve just such a function. But lawyers are now just as polarized as everyone else, says Samuel Samaro of Pashman Stein Walder Hayden PC.

  • 8 Reasons To Take A Fresh Look At Your Law Office Lease

    Tiffany Winne

    After moving into a new law office, tenants often file their signed leases away, figuring that the terms are set for a few years at least. However, leases can be very flexible instruments, and should be reviewed annually even if nothing seems amiss, says Tiffany Winne of Savills Studley Inc.