Native American

  • September 14, 2017

    District Court Can't Hear Tribe's Suit, VA Tells 9th Circ.

    The U.S. Department of Veterans Affairs urged the Ninth Circuit on Wednesday not to revive a suit by the Gila River Indian Community seeking reimbursements from VA for health care the tribe provides to Native American veterans, saying the district court doesn’t have jurisdiction over the tribe’s claims.

  • September 14, 2017

    $2B Payday Loan Scam Jury Hears 2nd Borrower Horror Story

    A New York man who borrowed $350 from racer Scott Tucker and lawyer Timothy Muir's alleged criminal payday lending empire so he could visit his sick grandmother told jurors Thursday he was bombarded with calls and forced to settle with a collector after he halted a series of debits draining his bank account.

  • September 14, 2017

    Okla. Landowner Urges 10th Circ. To Revive Drill Permit Suit

    An Oklahoma landowner on Wednesday urged the Tenth Circuit to reinstate his suit that claimed the Bureau of Indian Affairs granted an energy exploration company permission to drill on his land without first conducting a required environmental review, saying the lower court made various reversible errors.

  • September 13, 2017

    9th Circ. Grants Tribe A Win In River Management Row

    The Pyramid Lake Paiute Tribe is entitled to recoup more than 8,000 acre-feet of water that was diverted from the Truckee River in the 1980s by a Nevada irrigation district, the Ninth Circuit ruled Wednesday, saying the water recovery is essential to the interests of both the tribe and the public.

  • September 13, 2017

    Small Talk Of Weather Looms Large At $2B Payday Loan Trial

    Call center workers at racer Scott Tucker's payday loan nerve center in Kansas were fed neighboring-state weather reports so they could make small talk without giving away that they were far from tribal lands, a witness testified Wednesday in the criminal fraud trial of Tucker and his lawyer Timothy Muir.

  • September 13, 2017

    Zinke Fills Key Post In Indian Affairs Office

    U.S. Secretary of the Interior Ryan Zinke on Wednesday said he has named a Kiowa Tribe of Oklahoma member as principal deputy assistant secretary for the Office of the Assistant Secretary for Indian Affairs.

  • September 13, 2017

    Seattle Urges High Court To Turn Away Tribal Fishing Row

    The Seattle Human Rights Commission has come out against the state of Washington’s decision to seek Supreme Court review of a Ninth Circuit ruling that found the state is obligated to remove culverts that impede fish passage, arguing the move flies in the face of tribes' treaty and human rights.

  • September 13, 2017

    WilmerHale Snags Obama-Era CIA, Interior Dept. Officials

    The former seconds-in-command of the CIA and the U.S. Department of the Interior under President Barack Obama have joined WilmerHale as partners after having spent time managing anti-money laundering policy, the California drought and a $1.9 billion Native American land buyback program. 

  • September 13, 2017

    Justices Asked To Back Toss Of Tribal Casino Challenge

    The federal government and the Match-E-Be-Nash-She-Wish band of Pottawatomi Indians on Monday urged the U.S. Supreme Court to uphold a D.C. Circuit decision that backed a law that blocked a Michigan man’s challenge to the tribe’s casino project.

  • September 12, 2017

    $2B Payday-Loan Hustle Hid Behind Tribes, Gov't Says

    Federal prosecutors went to trial Tuesday in Manhattan federal court against a racecar driver and a lawyer who allegedly stole $2 billion from consumers in a loan-sharking operation that the two cloaked — for a time — behind Native American tribes’ legal sovereignty.

  • September 12, 2017

    Fed. Circ. Nixes Tribes' Suit Over Federal Housing Grants

    The Federal Circuit on Tuesday overturned a Court of Federal Claims ruling that it could hear a suit by Native American tribal agencies against the U.S. Department of Housing and Urban Development, saying the lower court lacked jurisdiction over the tribes’ bid to win back housing funding withheld by the department.

  • September 12, 2017

    5th Ex-Tribal Council Member Pleads Guilty To Casino Theft

    A fifth ex-Winnebago Tribal Council member pled guilty on Monday in Nebraska federal court to taking money from the tribe’s casino without authorization, amid accusations by federal prosecutors of a broader conspiracy to steal from the casino.

  • September 12, 2017

    9th Circ. Won’t Halt Ariz. Highway Project For Enviro Fight

    The Ninth Circuit refused Monday to stop construction of a Phoenix-area road project while environmentalists and a tribe challenge it on appeal, rejecting their arguments that the work needed to be paused to prevent permanent environmental harm.

  • September 12, 2017

    No Stay For High Court Bid In Navajo Right-Of-Way Suit

    A New Mexico federal judge on Monday rejected a bid to continue a pause on two combined cases about the operation of a crucial transmission line over land allotments partly owned by members of the Navajo Nation, saying the state utility operating the line failed to show good cause to extend the stay.

  • September 12, 2017

    Feds, Rhode Island Escape Tribal Challenge To Bridge Project

    A Rhode Island federal judge on Monday tossed the Narragansett Indian Tribe’s lawsuit against the Federal Highway Administration and the state’s transportation department seeking to halt further construction on a Providence bridge project.

  • September 11, 2017

    States, Industry Group Back Tribal Lenders' High Court Push

    The states of Oklahoma, Indiana and Nevada and a financial services industry group have urged the U.S. Supreme Court to review a Ninth Circuit ruling that two tribe-affiliated lending companies must comply with a Consumer Financial Protection Bureau investigation, with the states arguing the agency is overextending its authority and could go after state financial services programs next.

  • September 11, 2017

    Ariz. Power Plant, Navajo Mine Immune To Suit, Judge Says

    An Arizona federal judge on Monday tossed a lawsuit in which a handful of groups claim the federal government flouted environmental laws by approving continued, expanded operations of the coal-fired Four Corners Power Plant and a mine on Navajo land that helps feed it, finding the mine owner has sovereign immunity.

  • September 11, 2017

    Enviros Ask Judge To Save Keystone Pipeline Suit

    Environmental groups on Friday pushed back at TransCanada and the U.S. Department of State’s continued efforts to toss litigation brought under the Endangered Species Act over the government’s revival of the Keystone XL Pipeline project, telling a Montana federal judge that the permit approvals are not exempt from judicial action.

  • September 11, 2017

    NIGC Deal Lets Nooksack Tribe Reopen Casino, Avoid Fine

    The Nooksack Indian Tribe reopened its casino in Washington state on Saturday after reaching an agreement with the National Indian Gaming Commission to lift the agency's June closure order for the facility, a deal that will also allow the tribe to dodge a $13 million fine.

  • September 11, 2017

    Alaska High Court Backs Nix Of Tribe’s Transport Funds Suit

    The Alaska Supreme Court on Friday backed a lower court’s tossing of the Douglas Indian Association’s suit claiming another tribal government didn’t remit funds Douglas said it was owed after Douglas backed out of a consortium formed to administer federal funding, saying tribal sovereignty barred the suit.

Expert Analysis

  • The Use Of Special Masters In Complex Cases

    Shira Scheindlin

    Special master appointments can be very beneficial in resolving disputes quickly, streamlining discovery, handling delicate settlement negotiations, and — somewhat surprisingly — reducing cost and delay, says retired U.S. District Judge Shira Scheindlin, now with JAMS.

  • Roundup

    Notes From A Law Firm Chief Privacy Officer

    logo

    As more law firms become the targets of major cyberattacks, more firms may consider appointing a chief privacy officer. In this series, CPOs at four firms discuss various aspects of this new role.

  • Series

    Notes From A Law Firm Chief Privacy Officer: New Demands

    Phyllis Sumner

    For outside counsel, oftentimes efficiency and responsiveness collide with security measures as clients are increasingly requiring their law firms to comply with third-party risk management programs. To meet these challenges, law firms are focusing more on the roles of chief privacy officer and chief information security officer, says Phyllis Sumner, chief privacy officer for King & Spalding LLP.

  • Opinion

    It's Time To Improve Voir Dire In Federal Court

    Lisa Blue

    During the jury selection process, many times parties submit proposed voir dire questions, but the court ultimately chooses the questions to be asked and does all of the questioning of the jury panel. While this approach is judicially efficient, rarely do we learn anything meaningful from the panel members, say Lisa Blue of Baron and Blue and Robert Hirschhorn of Cathy E. Bennett & Associates.

  • Series

    Notes From A Law Firm Chief Privacy Officer: Insider Risks

    Wagner.jpg

    As law firms hold sensitive information not only related to the firm but to the firm’s clients, an insider threat — whether it's a "bad actor employee" or inadvertent activity — poses a particular concern. There are steps that privacy officers can initiate to help minimize these threats, says Patricia Wagner, chief privacy officer for Epstein Becker Green.

  • Series

    Notes From A Law Firm Chief Privacy Officer: Balancing Act

    Kristin Jones

    As the role of law firm chief privacy officer becomes more prevalent and expansive, many CPOs are finding themselves in the midst of a delicate balancing act — weighing compliance with government regulations and client requirements on one side with the needs of firm business on the other, says Kristin Jones, chief privacy officer for Stradley Ronon Stevens & Young LLP.

  • How The IPad Can Be A Litigator's Best Friend

    Paul Kiesel

    New mobile computing tools — both hardware and applications — are changing the technology paradigm for legal practitioners. In particular, the combination of the 12.9-inch iPad Pro, the Apple Pencil and the LiquidText annotation app can revolutionize both trial preparation and courtroom litigating, says attorney Paul Kiesel, in his latest review of tech trends.

  • Series

    Notes From A Law Firm Chief Privacy Officer: CPO Vs. CISO

    Mark McCreary

    To understand the role of the law firm chief privacy officer — and why that person ought to be a lawyer — it’s important to distinguish the role they fill from that of the chief information security officer, says Mark McCreary, chief privacy officer for Fox Rothschild LLP.

  • 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.