Native American

  • January 08, 2024

    Justices Nix Irrigation District's Water Rights Remand Request

    The U.S. Supreme Court on Monday ruled that an Oregon irrigation district must pursue its claims against the U.S. Bureau of Reclamation over how water is managed for endangered species and Native American tribes in federal court, not state court as the district wanted.

  • January 05, 2024

    Court Should OK Tribes' Indian Country Status, Okla. AG Says

    Oklahoma Attorney General Gentner Drummond and Ottawa County District Attorney Douglas Pewitt say they don't oppose a federal court declaration that says lands contained within the historic boundaries of four tribes' reservations maintain their status as Indian Country, arguing that precedent allows such a determination.

  • January 05, 2024

    Minn. County Accuses Feds Of Illegally Taking Land For Tribe

    A Minnesota county has sued the U.S. government in federal court, claiming the Interior Board of Indian Appeals wrongly allowed it to accept about 3,238 acres of land into trust for the Mille Lacs Band of Ojibwe Indians and has threatened the county's tax revenue.

  • January 05, 2024

    Tribal Healthcare Dispute Could Upend Law, Justices Told

    Any requirement for Indian Health Services to pay contract support costs for activities funded by a tribe's third-party income would upend the Indian Self-Determination and Education Assistance Act, the federal government told the U.S. Supreme Court, saying two appellate courts erred when interpreting the law to determine that those additional healthcare expenses must be reimbursed.

  • January 05, 2024

    Stay Would Let Camp Co. Keep Reaping Millions, Tribe Says

    The Blackfeet Nation is urging a Montana federal judge to reject a campground operator's bid to stay a ruling that its lease was canceled 15 years ago, arguing the company is only trying to keep unlawfully occupying and profiting from its land.

  • January 04, 2024

    Fragrance Co. Skewers 'Fallacy' Behind Verdict Challenge

    A Connecticut-based botanical fragrance producer slammed a shampoo fragrance supplier's bid to toss a jury verdict that let the producer escape its $8 million suit over a contract dispute, saying the supplier has no reason to think the jury was confused and that the basis for its request "hinges on a fallacy."

  • January 04, 2024

    NM Cannabis Regulators Hit 2 Growers With $2M In Fines

    The state of New Mexico's cannabis regulation unit has levied $2 million total in fines against two marijuana-growing operations while stripping them of their licenses, saying they violated a slew of rules governing plant count, cultivation plans, required tracking software and various security measures.

  • January 04, 2024

    Indigenous Group Can Add 4 People To SD Hotel Bias Suit

    A South Dakota federal judge has ruled that an Indigenous advocacy group has good cause to file a third amended complaint in its lawsuit accusing a hotel and casino of discriminating against Native American patrons after a fatal shooting on its premises, saying it can add four plaintiffs by name.

  • January 04, 2024

    Native Group Dismissed From NFL Conspiracy Litigation

    A federal district court judge on Thursday agreed to dismiss the National Congress of American Indians from litigation brought by a Native American activist group while keeping the $1.6 million defamation and civil conspiracy bid against Washington Commanders' owner Josh Harris and premium sales manager Matthew Laux in play.

  • January 04, 2024

    Feds Defend Right To Sink States' Rio Grande Water Deal

    The U.S. government told the nation's top court that approval of a proposed arrangement to settle long-running Rio Grande water disputes between Texas, New Mexico and Colorado would improperly extinguish its claims against one of the states, impose new burdens and overstep their original compact.

  • January 03, 2024

    SD Tribe Says Feds Still Aren't Following Police Funding Order

    The federal government is violating a court order by refusing to help the Oglala Sioux Tribe revise its funding requests to reflect a South Dakota federal judge's finding that the government has a duty to support law enforcement on the tribe's reservation, the Oglala Sioux claimed in its bid to enforce the order.

  • January 03, 2024

    Seneca Nation Suit Over NY Thruway Headed For Mediation

    A federal district court judge has agreed to extend the deadlines for motions in a long-running challenge by the Seneca Nation to New York over a portion of the state's thruway that runs through the federally recognized tribe's reservation land after the parties said they have agreed to pursue mediation.

  • January 03, 2024

    ND Residents Intend To Take VRA Dispute To High Court

    Two North Dakota residents want the U.S. Supreme Court to overturn a federal district court ruling that determined that two of the state's new House subdistricts, created to prevent Native American voter dilution, were legally drawn along the boundaries of the Fort Berthold and Turtle Mountain Indian reservations.

  • January 03, 2024

    Native Veterans Group To Receive Congressional Charter

    Included in the annual defense policy act for fiscal 2024 is a congressional charter for the National American Indian Veterans organization, which will be the first veterans group for indigenous Americans to receive the congressional recognition.

  • January 02, 2024

    ND Assembly Seeks More Time To Redraw Election Map

    North Dakota's Legislative Assembly wants a federal district court to deny two tribes' request for the adoption of a remedial redistricting map after the lawmakers missed a Dec. 22 deadline to correct Voting Rights Act violations, arguing there's no reason to impose a remedial map amid work toward a solution.

  • January 02, 2024

    Fla. Says Tribe Misreads 'Indian Lands' In Water Permit Suit

    Florida has once again urged a federal judge to hand it a win in a tribe's lawsuit challenging the U.S. Environmental Protection Agency's approval of the state's effort to take over a Clean Water Act permitting program, arguing that the tribe's theory of "Indian lands" is wrong.

  • January 02, 2024

    EPA's New Maui Guidance Draws Requests For More Clarity

    The U.S. Environmental Protection Agency has released guidance clarifying how to comply with an important U.S. Supreme Court decision regarding Clean Water Act permits for groundwater pollution, but states, industry groups and environmental organizations say there's still room for better, more detailed explanations of key issues.

  • January 02, 2024

    Feds Lose Bid To End Kids' Climate Suit

    An Oregon federal judge largely rejected the U.S. government's attempt to dismiss a lawsuit by young people who accuse it of violating their constitutional rights with harmful fossil fuel energy policies worsening the climate crisis, teeing the matter up for a potential trial.

  • January 02, 2024

    Catching Up With Delaware's Chancery Court

    Delaware's busy Court of Chancery barely stopped to take a break at the end of 2023, keeping the courtroom open for hearings on Carvana and Meta, pushing out year-end decisions related to Fox Corp., Oracle and AmerisourceBergen, and making way for new cases involving biomedical venture SomaLogic Inc., U.S. Bancorp, and Capital Square Partners merger target Startek Inc.

  • January 02, 2024

    Navy Federal Accused Of Bias Against Minority Borrowers

    Navy Federal Credit Union was hit with a proposed class action in Virginia accusing it of discriminating against racial minorities when it denied mortgage applications that would have been approved for similarly situated white Americans.

  • January 01, 2024

    5 Supreme Court Cases To Watch This Spring

    "Blockbuster," "momentous" and "historic" are all words that have been used to describe the U.S. Supreme Court's current term as the justices prepare for a spring docket jam-packed with questions over the level of deference courts should give federal agencies, whether and how social media companies should be regulated and whether government efforts to combat misinformation crosses the line between persuasion and coercion.

  • January 01, 2024

    10 Sports And Betting Cases To Watch In 2024

    An ever-increasing volume of lawsuits involving the NCAA highlights the list of sports and betting cases to watch in 2024, including battles over athletes' right to compensation for their name, image and likeness and their fight to collectively bargain and be designated as employees. Plus, racial discrimination suits against the NFL, and more. Here, Law360 looks at the top sports and betting cases the legal world will be watching in the new year.

  • January 01, 2024

    Energy Legislation And Regulation To Watch In 2024

    While a looming presidential election means that significant Congressional action on energy policy likely isn't in the cards, there are big-ticket regulatory items that are poised to cross the finish line. Here are several legislative and regulatory moves that energy attorneys will be watching in 2024.

  • January 01, 2024

    Biggest Environmental Regulations To Watch In 2024

    As President Joe Biden's term draws to a close in 2024, executive branch agencies won't slow down their efforts to finalize important environmental regulations, from new controls on greenhouse gas emissions at power plants to stricter Endangered Species Act protections and chemical standards.

  • January 01, 2024

    Biggest Environmental Cases To Watch In 2024

    Game-changing environmental law decisions are on tap for 2024, from two U.S. Supreme Court cases that could make important changes to the practice of administrative law to more rulings on the extent of the federal government's jurisdiction under the Clean Water Act.

Expert Analysis

  • 6 Questions For Boutique Firms Considering Mergers

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    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.

  • 5 Tips For Adding Value To Legal Clients' Experience In 2023

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    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.

  • 6 Ways To Avoid Compounding Errors When Practicing Law

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    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.

  • What Will Keep Legal Talent Professionals Up At Night In 2023

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    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.

  • The Most-Read Legal Industry Law360 Guest Articles Of 2022

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    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.

  • Will BLM's 2nd Attempt At Natural Gas Waste Rule Succeed?

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    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.

  • What 3 Legal Industry Trends From 2022 Mean For Next Year

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    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.

  • Learning From This Year's Legal Industry Discrimination Suits

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    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.

  • Series

    The Future Of Legal Ops: AI Has Important Role To Play

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    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.

  • 4 Proactive Strategies For 'Rocket Docket' Discovery In SDNY

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    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.

  • Opinion

    Increasing Law Firm Polarization Will Degrade Rule Of Law

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    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.

  • How To Deal With Difficult Clients, Practically And Ethically

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    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.

  • Opinion

    Federal Courts Should Adopt Supreme Court's Amicus Stance

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    The federal courts of appeals should adopt the U.S. Supreme Court's new approach to amicus curiae briefs, which allows the friend-of-the-court submissions to be filed without consent from the court or the parties, says Lawrence Ebner at Atlantic Legal Foundation.

  • 3 Pricing Trends In Law Firm Use Of Litigation Funding

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    As BigLaw firms increasingly include litigation funding as a financing option for clients, internal pricing groups are taking the lead on standardizing and centralizing firm processes, and aggregating risk budgets, says Brendan Dyer at Woodsford Group.

  • Safeguarding Attorneys' Greatest Asset: Our Mental Health

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    Attorneys who understand that mental fitness is their most valuable characteristic should prioritize mental health care accordingly, including with certain activities they may not realize qualify as self-care, says Wendy Robbins at Holland & Knight.

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