Native American

  • August 14, 2017

    Tribal Lenders Ask High Court To Weigh CFPB's Jurisdiction

    A pair of tribal lending companies have asked the U.S. Supreme Court to review the Ninth Circuit’s conclusion that they must comply with civil investigative demands by the Consumer Financial Protection Bureau.

  • August 14, 2017

    CVS, Walgreens Press Bid To Block Cherokee Opioid Suit

    CVS, Walgreens, McKesson and other companies on Friday bolstered their bid to block the Cherokee Nation’s tribal court lawsuit seeking to hold the pharmacy and drug distributor giants accountable for the opioid crisis plaguing its members, saying the alleged conduct “did not occur in Indian country.”

  • August 14, 2017

    Wash. Tribal Group Can Offer Gambling, 9th Circ. Told

    Frank's Landing Indian Community has urged the Ninth Circuit to overturn a Washington district judge’s ruling that the tribal group can’t conduct gambling, saying that it has the right to do so under the Indian Gaming Regulatory Act even though it’s not fully recognized by the federal government.

  • August 11, 2017

    Jason Galanis Gets 14 Years In $63M Tribal Bond Scheme

    A New York federal judge sentenced inveterate white collar fraudster Jason Galanis to 173 months in prison for masterminding a $63 million bond fraud against a Native American tribal entity, with all but 60 months of it to run concurrently with the stretch he earned for running the Gerova Financial Ltd. pump-and-dump scheme.

  • August 11, 2017

    Feds, TransCanada Push To Nix Suit Over Keystone Approval

    The federal government and TransCanada Corp. continued pressing Friday to toss the Indigenous Environmental Network and North Coast Rivers Alliance’s lawsuit seeking to invalidate approvals for the company’s Keystone XL pipeline.

  • August 11, 2017

    Tribal Water Ruling Hurts Landowners, Justices Told

    A California-based legal foundation urged the U.S. Supreme Court on Thursday to accept a petition by two water agencies challenging a Ninth Circuit ruling that the Agua Caliente Band of Cahuilla Indians’ federal water rights include groundwater, saying the decision could vaporize the groundwater rights of nonfederal water users.

  • August 11, 2017

    Tribes Drop 9th Circ. Challenge Of Alaskan Road Rejection

    The Ninth Circuit signed off Friday on a group of local Alaskan governments and tribes’ decision to drop claims challenging the U.S. Department of the Interior’s rejection of a land swap facilitating the construction of a road that would allow for easier medical evacuations to Anchorage from a remote Alaskan community.

  • August 11, 2017

    10th Circ. Ruling May Spur Okla. Tribes To Expand Authority

    A Tenth Circuit decision overturning a murder conviction because the alleged crime occurred on the Muscogee (Creek) Nation’s reservation strongly affirms that tribal lands cannot be reduced without clear congressional approval, opening the door for Oklahoma tribes to assert authority over land long thought to be under the state's control.

  • August 11, 2017

    BIA, FWS Improved Dam Hazard Readiness, Watchdog Says

    The Bureau of Indian Affairs and the U.S. Fish and Wildlife Service have successfully implemented a slew of recommended measures for boosting emergency preparedness at high-hazard dams, the U.S. Department of the Interior's Office of Inspector General said Thursday.

  • August 10, 2017

    Tribe Looks To Stall Casino Labor Fight During Appeal

    The Shingle Springs Band of Miwok Indians urged a California federal judge on Wednesday not to put into effect his decision to compel arbitration in a battle between the tribe's casino and a union, saying the tribe is likely to win its appeal to the Ninth Circuit.

  • August 10, 2017

    NRC Tells DC Circ. Tribe's Mine License Row Is Premature

    The U.S. Nuclear Regulatory Commission argued Thursday that the D.C. Circuit lacks jurisdiction to consider the Oglala Sioux Tribe’s challenge to a license issued to a company for a proposed uranium mine in South Dakota because the underlying administrative proceedings are ongoing and no final decision has yet been rendered.

  • August 10, 2017

    8th Circ. Nixes Tribal Appeals In Paradigm Pipeline Suit

    The Eighth Circuit on Thursday nixed a pair of appeals brought by Three Affiliated Tribes officials over Paradigm Energy Partners LLC’s lawsuit seeking to block them from interfering with the construction of a pair of pipelines underneath a lake on the tribe’s reservation in North Dakota, finding the challenges moot.

  • August 10, 2017

    Tribe Snags Early Win In Landslide Liability Dispute

    A federal judge ruled Wednesday that the Stillaguamish Tribe of Indians has not waived its sovereign immunity to the state of Washington’s efforts to seek indemnity from the tribe over liability for a landslide.

  • August 10, 2017

    Tribe Immune From Fla. Firm's Malicious Litigation Claims

    A Florida appeals court held Wednesday that the Miccosukee Tribe of Indians of Florida's tribal immunity shields it from former outside counsel Lewis Tein PL’s claims the tribe spent five years trying to destroy its reputation by lodging meritless lawsuits accusing it of participating in an embezzlement scheme, among other things.

  • August 9, 2017

    Calif. Tribe Wants Time-Out In Off-Reservation Casino Row

    The Picayune Rancheria of Chukchansi Indians on Tuesday said that a California federal court can press the pause button on the tribe’s suit challenging a U.S. Department of the Interior decision authorizing another tribe to conduct gambling at an off-reservation site, saying the case may be stayed while the state’s highest court weighs a related case.

  • August 9, 2017

    States Urge Justices To Take On Calif. Tribal Water Ruling

    The attorneys general of Nevada and nine other states urged the U.S. Supreme Court on Tuesday to hear a bid by two California water agencies to overturn a Ninth Circuit ruling that the Agua Caliente Band of Cahuilla Indians’ federal water rights include groundwater, saying the decision would upset the states’ carefully crafted water management plans.

  • August 9, 2017

    Utah Law Officers Ask 10th Circ. To Rehear Ute Tribe Case

    State and local law enforcement officials in Utah on Tuesday urged the Tenth Circuit to re-examine a ruling that the Ute Indian Tribe of the Uintah and Ouray Reservation's tribal court can hear a trespassing claim related to the shooting death of a tribal member, saying the decision could have dangerous consequences.

  • August 9, 2017

    High Court Asked To Weigh Martha's Vineyard Casino Row

    The commonwealth of Massachusetts, a town and a community group asked the U.S. Supreme Court on Tuesday to review a First Circuit decision paving the way for a Native American tribe to build a casino on Martha’s Vineyard.

  • August 9, 2017

    Utah Wants Nearly $2B From EPA For Gold King Mine Disaster

    The Utah Attorney General’s Office on Wednesday confirmed that the state has sought $1.9 billion in damages from the U.S. Environmental Protection Agency over the 2015 Gold King Mine disaster that affected areas in three states and two Native American reservations.

  • August 9, 2017

    Enviro Group Sues DOI Over Unfilled Records Requests

    The Center for Biological Diversity on Wednesday filed suit in D.C. federal court against the U.S. Department of the Interior, alleging that three of its Freedom of Information Act requests submitted earlier this year were not filled even though the agency’s deadline to do so had passed.

Expert Analysis

  • 5 Questions To Ask Before Entering Joint-Representation AFA

    Natalie Hanlon Leh

    One growing trend is for clients to enter into alternative fee arrangements in which one law firm represents multiple parties who “share” fees and costs in a related matter. This way parties can more efficiently manage a matter and reduce their individual legal fees. But joint representation is not without its own risks and challenges, say attorneys with WilmerHale.

  • Legal Incubators Can Help New Lawyers And Society

    Martin Pritikin

    Legal incubators serve as an important bridge to practice and a crucial step toward aligning the incentives of new lawyers with the needs of their clients. They may even pose a threat to the traditional law school model itself, and that's not necessarily a bad thing, says Martin Pritikin, dean of Concord Law School at Kaplan University.

  • A 6-Step Guide To Tribal Consultation Under CEQA

    Brett Moore

    Although a technical advisory recently issued by the California Governor’s Office of Planning and Research provided a succinct summary of timelines under Assembly Bill 52 — which broadened tribal consultation requirements under the California Environmental Quality Act — comments from the Native American Heritage Commission indicate it recommends beginning the process as early as possible, says Brett Moore of Haight Brown & Bonesteel LLP.

  • How To Prioritize Your Law Firm's Crisis Response Plan

    Michelle Samuels

    If the media is going to cover your law firm’s crisis, they are going to cover it with or without your firm’s input. But your involvement can help shape the story and improve your firm’s image in the public eye, says Michelle Samuels, vice president of public relations at Jaffe.

  • Weekly Column

    Innovating For Wise Juries: Closing Argument

    Stephen Susman

    In the final article in this series on proposed innovations to the American jury trial, Stephen Susman, Richard Lorren Jolly and Dr. Roy Futterman of the NYU School of Law Civil Jury Project sum up the improvements they believe the U.S. jury system desperately needs.

  • 5 Questions All AFAs Should Answer Clearly

    Gregory Lantier

    While no particular form is required to establish a durable alternative fee arrangement, there are terms that should, for the benefit of both client and outside attorney, be expressly set forth in the agreement itself, but are often overlooked, say attorneys with WilmerHale.

  • Cybersecurity Risks In The Courtroom

    Daniel Garrie

    As cybercriminals continue to look for easy targets, the court system will surely enter their crosshairs. If judges and court personnel do not maintain proper data security and cyber hygiene, confidential litigant information can fall into the hands of a wide variety of bad actors, say Daniel Garrie of JAMS, David Cass of IBM Cloud, Joey Johnson of Premise Health Inc. and Richard Rushing of Motorola Mobility LLC.

  • Monthly Column

    Gray Matters: Clients Are Not Really 'Emotional'

    Gray Matters

    When you look at your client through the "survival circuit" lens, what first appeared as an emotional mess is now valuable information about what is important to them, what needs have to be met to settle the case, or what further clarity your client requires before moving forward, say dispute resolution experts Selina Shultz and Robert Creo.

  • Why Tribal Land Acquisition Developments Are Troubling

    Joshua Peterson

    Though the current administration's stance on Carcieri-fix bills remains unclear, it is unlikely that legislators will pass a fix to the conundrum created by the U.S. Supreme Court's decision in Carcieri. More probably, tribes will have to play by the administration's rules and hope they reflect the country's trust responsibility to Native American tribes, says Joshua Peterson of Faegre Baker Daniels LLP.

  • Having A Chief Privacy Officer Reassures Your Firm's Clients

    Rita Heimes

    When a law firm appoints a chief privacy officer, not only does the firm benefit from the crucial operational impact of a well-managed privacy program, but clients see how seriously you take your duties of confidentiality and competence, says Rita Heimes, research director at the International Association of Privacy Professionals.