Native American

  • April 25, 2017

    9th Circ. Nixes Ariz. Road Easement Ruling, Tosses Case

    A panel of the Ninth Circuit has vacated a district court’s judgment that an easement for a road that cuts across the Gila River Indian Community’s reservation permitted a Chapter 11 trustee to develop a parcel of land into a housing tract, saying Monday the lower court lacked jurisdiction.

  • April 25, 2017

    9th Circ. Affirms Nix Of Calif. Tribe's Land Claims

    The Ninth Circuit on Monday upheld the dismissal of the Mishewal Wappo Tribe of Alexander Valley Rancheria’s claim that the federal government illegally terminated its land holdings more than 50 years ago, finding that the tribe waited too long to bring its claim.

  • April 25, 2017

    Justices Say Tribal Worker Not Immune From Car Crash Suit

    The U.S. Supreme Court ruled Tuesday that the driver of a Mohegan Tribe-owned limousine doesn’t share the tribe’s sovereign immunity from a suit over an off-reservation car crash, saying the employee, rather than the tribe, was the true target of the negligence suit and the tribe's indemnification of the driver didn't extend tribal immunity to him.

  • April 24, 2017

    Enviros Gird For Pitched Battle To Stop Trump Border Wall

    President Donald Trump appears committed to his campaign promise to build a wall along the border with Mexico, but environmental groups say they are ready to battle the administration in court every step of the way, even though past challenges to border barrier construction have failed.

  • April 24, 2017

    SD Tribe Says It Doesn't Owe Contractor Tax To State

    The Flandreau Santee Sioux Tribe hit the governor of South Dakota and two other state officials with a complaint in federal court Friday, alleging that the state is illegally imposing a tax on construction work for an expansion of the tribe’s on-reservation casino.

  • April 24, 2017

    Wash. Tribal Cop's Word Good For Gun Conviction: 9th Circ.

    The Ninth Circuit on Friday upheld a lower court decision that a member of a Washington tribe couldn’t overturn a federal gun possession conviction against him, ruling that a deceased tribal police officer’s statement was properly used to show that the man had notice of a related hearing on a domestic violence protection order.

  • April 24, 2017

    Blackfeet OK $471M Water Rights Deal With Feds, Montana

    The Blackfeet Nation has voted to approve a water rights agreement with the federal government and the state of Montana that will furnish the tribe with $471 million in funding from both governments for infrastructure projects on the reservation.

  • April 24, 2017

    10th Circ. Upholds NM Challenge To DOI Tribal Gaming Regs

    The Tenth Circuit on Friday affirmed a lower court ruling that favors New Mexico in its lawsuit against the U.S. Department of the Interior, holding that federal gaming regulations are invalid and the interior secretary can’t act on the Pueblo of Pojoaque’s request to conduct gambling without a compact.

  • April 21, 2017

    Navajo Council Votes To Oust Housing Agency Board

    The Navajo Nation Council on Thursday approved an emergency bill to immediately remove the leadership of the Navajo Housing Authority, after council members and the tribe’s president accused the agency of mismanagement of federal funding for tribe members’ housing.

  • April 21, 2017

    10th Circ. Spurns Osages’ Bid For More Oil & Gas Accounting

    The Tenth Circuit on Friday rejected an appeal by Osage Nation members in their suit seeking an accounting from the federal government for a tribal oil and gas rights fund, saying an Oklahoma federal judge didn’t abuse his discretion by limiting how detailed the accounting should be and how far back it needed to go.

  • April 21, 2017

    Tribal Embezzlement Suit Stayed For Criminal Case

    A California federal judge hit pause Thursday on the Paskenta Band of Nomlaki Indians’ lawsuit accusing former tribal officials of a wide-reaching, multimillion-dollar embezzlement scheme while new, related criminal charges against some of the ex-officials play out, with a few exceptions.

  • April 21, 2017

    Corps, Dakota Access Try To Nix Cheyenne Sioux Claims

    The U.S. Army Corps of Engineers and Dakota Access LLC each pressed a D.C. federal judge Thursday to toss claims in the Cheyenne River Sioux Tribe's challenge to the Corps' approvals for the Dakota Access pipeline, with the agency saying it didn’t violate any federal trust duty to the tribe.

  • April 21, 2017

    Feds Want Tribe’s Suit Over Federal Recognition Tossed

    The U.S. Department of the Interior on Thursday urged a federal judge to toss a suit from the Tsi Akim Maidu of Taylorsville Rancheria seeking to compel the federal government to find the Indian tribe never lost its status as federally recognized, arguing that the claims are barred by a statute of limitations, among other things.

  • April 20, 2017

    Mohegan Head Says Casino Theft Not Reason For CEO's Exit

    The Mohegan Tribe's leader insisted Thursday that the February resignation of former Mohegan Tribal Gaming Authority President and CEO Robert Soper wasn't connected with an investigation into an alleged theft conspiracy at a Mohegan casino in Pennsylvania, following the company's filing of a settlement with Soper earlier this week.

  • April 20, 2017

    Fla. High Court OKs Gambling Control Amendment For Ballot

    An anti-gambling group's proposed amendment to Florida's constitution that would give voters control of authorizing casino gambling expansion took a step closer to going before voters as the Florida Supreme Court ruled Thursday that the text satisfies requirements to appear on the ballot.

  • April 20, 2017

    Dems Seek Documents On Potential Energy Policy Changes

    Top Democrats on the House Natural Resources Committee asked Interior Secretary Ryan Zinke on Thursday for copies of reports compiled after President Donald Trump ordered the review and possible suspension of regulations that may burden domestic energy development, with the lawmakers citing a need for proper oversight into “potentially massive” policy changes.

  • April 20, 2017

    Cherokees Say Wal-Mart, Walgreens Let Opioids Loose

    The Cherokee Nation hit Wal-Mart, Walgreens and other major retail pharmacies and drug distributors with a suit in tribal court Thursday, alleging the companies have allowed opioid abuse to reach epidemic proportions within the Oklahoma tribe by failing to block illegally prescribed opioids from reaching its members.

  • April 20, 2017

    Ariz. Highway Foes Push 9th Circ. To Nix Gov't Win

    Environmental, community and tribal advocates continued to press the Ninth Circuit on Wednesday to overturn a ruling that the Federal Highway Administration and the Arizona Department of Transportation cut no corners on environmental reviews when approving a Phoenix-area road project.

  • April 20, 2017

    Alaska Native Corp. Says FCA Doesn't Let Worker Steal Docs

    Afognak Native Corp. pressed an Alaska federal court on Wednesday to toss a False Claims Act suit by a would-be whistleblower accusing the company of abusing a Small Business Administration contracting program for disadvantaged groups through "sham" subsidiaries, saying the statute didn’t allow the whistleblower to take thousands of pages of the company’s confidential documents.

  • April 19, 2017

    CashCall Claims Katten's Bad Tribal Advice Cost It $500M

    Consumer lender CashCall has accused Katten Muchin Rosenman LLP of costing it over $500 million in a California state court legal malpractice suit contending the firm pushed it into building its business on the faulty assumption that Native American laws would govern loans acquired from tribal lenders.

Expert Analysis

  • Litigation Finance, Big Data And The Limits Of AI

    Christopher Bogart

    Theoretically, both better data and its better use should be able to improve results in litigation, and thus help litigation financiers allocate more capital to meritorious matters. However, while big data and artificial intelligence are intriguing additions to the litigation toolkit, they are far from turning litigation finance on its head, says Christopher Bogart, CEO of Burford Capital LLC.

  • Series

    Counsel To Counsel: A Law Firm GC's Data Protection Duties

    Thomas W. White

    Increasingly, we see companies in all industries seeking to perform various levels of due diligence on our information security defenses. We received three times as many diligence requests from clients and prospective clients in 2016 as we did in 2015. Some clients even conduct their own penetration tests, says Thomas White, general counsel of WilmerHale.

  • Series

    Counsel To Counsel: Evaluating Positional Conflicts

    Nicholas A. Gravante Jr.

    What happens when attorneys come to their general counsel’s office with knowledge of a potential positional conflict? While the inquiry will depend on the rules governing the particular jurisdiction, there are a few general questions to consider from both business and legal ethics perspectives, say general counsel Nicholas A. Gravante Jr. and deputy general counsel Ilana R. Miller of Boies Schiller Flexner LLP.

  • Series

    Counsel To Counsel: 5 Challenges For A Law Firm GC

    John Koski

    Regardless of where we live and practice, regardless of whether trade deals succeed or fail, and regardless of whether the movement of people or capital is easy or difficult, our clients will still have needs or problems far away from home, says John Koski, global chief legal officer at Dentons.

  • Solving The Energy Problems On Federal And Indian Lands

    Paul Moorehead

    Congress and President Trump now have an opportunity to address energy-related management problems affecting Native Americans while respecting tribal decisions, strengthening sovereignty and improving the well-being of Native Americans nationwide, says Paul Moorehead of Powers Pyles Sutter and Verville PC.

  • Lawyers In Flow: Get Out Of Your Head And Into Your Case

    Jennifer Gibbs

    If Time Magazine is correct in that being a lawyer is one of the five worst high-paying jobs, it may be time for the legal profession to pull one from the playbook of musicians and professional athletes and seek to enter a state of “flow,” says Jennifer Gibbs of Zelle LLP.

  • Satire

    A Law Firm Ranking Model By 'Fake News & Distorted Reports'

    Alan B. Morrison

    Suffering from law firm ranking fatigue? Bewildered by the methodologies? If so, you're in good company. Alan Morrison, associate dean for public interest and public service law at George Washington University Law School, wonders just how far law firm ranking efforts may go.

  • Crowdfunding For Legal Cases: 5 Trends Reshaping Justice

    Julia Salasky

    Most people have never had an opportunity to personally take part in a legal case that directly challenges laws or policies they don’t agree with. Now that crowdfunding is available for legal cases, people can engage directly with legal change in the community and be a check on the powerful, says Julia Salasky, CEO of CrowdJustice.

  • Opinion

    ABA Needs A New Model Legal Ethics Rule

    Kevin L. Shepherd

    Perhaps lost in the presidential post-election tumult was a report issued in late 2016 by an international body evaluating U.S. compliance with anti-money laundering and counter-terrorist financing standards. Considering repeated criticisms of the legal profession, the American Bar Association should seriously consider a new model legal ethics rule, says Kevin Shepherd of Venable LLP.

  • What Does Lateral Partner Success Look Like?

    Howard Flack

    In the final segment of his series on lateral recruitment, Howard Flack, a partner of Volta Talent Strategies LLC and former leader of the lateral partner recruiting team at Hogan Lovells, shares a number of factors law firms should consider when measuring lateral hire success.