Native American

  • April 14, 2017

    Native Activists Praise MLB Commish For Indians Logo Stance

    An activist group opposing the use of Native American mascots praised Major League Baseball Commissioner Rob Manfred on Thursday for talking with the Cleveland Indians about moving away from their controversial “Chief Wahoo” logo, and called on NFL Commissioner Roger Goodell to take on the “Redskins” moniker next.

  • April 13, 2017

    Okla. Fracking Earthquake Suit Heads Back To State Court

    A federal judge on Wednesday remanded to state court a suit claiming the fracking operations of two oil companies caused destructive earthquakes in an Oklahoma county, ruling Oklahoma district court doesn’t have jurisdiction over the case since proposed class members don’t include those who reside on tribal or federal lands.

  • April 13, 2017

    Bears Ears Docs Show Extensive Consultation, Dems Say

    Democrats on the House oversight committee say documents the committee has obtained from the U.S. Department of the Interior refute Republicans’ claims that then-President Barack Obama designated Bears Ears National Monument in Utah without input from key stakeholders, according to a memo released Thursday.

  • April 13, 2017

    Wash. Tribe Sues To Stop Spokane Indian Casino Project

    The Kalispel Tribe of Indians on Wednesday contested a federal government decision giving the go-ahead to the Spokane Tribe of Indians to build and operate a large gambling and hotel site in Airway Heights, Washington, telling a district judge the government brushed off an economic analysis that showed having another casino so close to its own would harm the tribe financially.

  • April 13, 2017

    Tribe Wants Ruling In NM Casino Vendor Row Overturned

    The Pueblo of Pojoaque on Wednesday pressed the Tenth Circuit to overturn a lower court ruling that the Indian Gaming Regulatory Act doesn’t preempt New Mexico’s regulation of the non-Indian, state-licensed vendors off the tribe’s land, saying the lower court judge subverted Congress’ intent in relation to the IGRA.

  • April 13, 2017

    Zinke Wants To Keep Coal Plant Open, Navajo Nation Says

    The Navajo Nation said U.S. Department of the Interior Secretary Ryan Zinke voiced his support Wednesday for keeping a massive coal-fired power on the tribe’s land open, as it grapples with the fact that the Navajo Generating Station's utility owners recently voted to close it at the end of 2019.

  • April 12, 2017

    FCC Urged To Consult Tribes On Wireless Infrastructure

    A northern Idaho tribe demanded Tuesday that the Federal Communications Commission seek authorization before erecting broadband towers on sovereign Native American lands, raising concerns about the agency’s proposed plan to build the next generation of wireless infrastructure.

  • April 12, 2017

    Tribal Lenders Ask 9th Circ. To Pause OK Of CFPB Probe

    Three tribal lending companies urged the Ninth Circuit on Tuesday to delay a mandate for its decision that they must comply with civil investigative demands by the Consumer Financial Protection Bureau, saying they plan to raise an important question about how federal law applies to tribes in an upcoming U.S. Supreme Court petition.

  • April 12, 2017

    Dem. Lawmakers Push Trump To Keep Bears Ears Designation

    A group of Democratic senators announced Wednesday that they sent President Donald Trump a letter urging him not to rescind former President Barack Obama’s designation of the 1.35-million-acre Bears Ears National Monument in southeastern Utah.

  • April 12, 2017

    Tribe Unveils Casino Project Near Palm Springs, Calif.

    The Agua Caliente band of Cahuilla Indians on Tuesday said that it is planning to build a new gambling and entertainment district on land it is acquiring in downtown Cathedral City, California, east of Palm Springs, adding to its casino empire in the area.

  • April 12, 2017

    Top House Democrat, Enviros Sue Over Trump's Border Wall

    The top Democrat on the House Natural Resources Committee and the Center for Biological Diversity on Wednesday sued the Trump administration for failing to properly account for the environmental impacts of a proposed wall along the border with Mexico and increased immigration enforcement in the same area.

  • April 12, 2017

    Nooksack Members Facing Disenrollment Join Contract Suit

    A Washington federal judge on Tuesday allowed 271 Nooksack Indian Tribe members facing disenrollment to join a contract dispute stemming from the U.S. Department of the Interior’s decision not to recognize recent actions by the tribe’s council, finding “no reason why intervention would be inappropriate.”

  • April 12, 2017

    Tribes To Get $9M To Fund Transportation Improvements

    The head of the U.S. Department of Transportation on Monday announced that $9 million in funding from the Federal Highway Administration's Tribal Transportation Program Safety Fund will be distributed among 74 tribes in 20 states this year, to be used on 77 projects aimed at boosting transportation safety on tribal lands.

  • April 11, 2017

    Ariz. Tribe Lets Well Owner Bow Out Of Water Rights Suit

    The Havasupai Tribe will drop its claims against one of several private well owners accused of illegally depleting an aquifer that provides water to the tribe after the owner agreed to comply with certain withdrawal and drilling regulations, according to court documents filed in Arizona federal court Monday.

  • April 11, 2017

    Recreational Vehicle Use Approved For Sacred Sites In Utah

    U.S. Secretary of the Interior Ryan Zinke said on Monday that the Bureau of Land Management will welcome ATVs and other recreational vehicles to travel sacred Native American land in Utah, saying reopening motorized recreation to sections of the Recapture Canyon trails in San Juan County will promote public access to the 800-year-old archaeological sites along the trail.

  • April 11, 2017

    NM Judge Nixes Navajo Challenge To State Court Jurisdiction

    A New Mexico federal judge on Tuesday tossed a suit by the Navajo Nation contesting a state court’s jurisdiction over a property dispute involving a Navajo member, saying the tribe was trying to relitigate issues already decided by a state judge.

  • April 11, 2017

    Miccosukee Tribe Urges 11th Circ. To Flip Tax Ruling

    The Miccosukee Tribe of Indians pressed the Eleventh Circuit on Monday to overturn a Florida district court ruling that a Miccosukee member owed taxes on tribal payments to her and her family, saying that a tribal tax that funded the payments wasn’t designed to let members avoid paying taxes on casino revenues.

  • April 11, 2017

    Atty In Tribal Trust Row Gets $736K In Interest, Judge Says

    A federal magistrate judge on Monday awarded a former attorney for class representatives in a landmark suit over the federal government's alleged mismanagement of Native American trust funds an extra $736,293 in prejudgment interest on his fees, adding to the $2.8 million in fees he had already been awarded.

  • April 11, 2017

    Navajo Say Utah County Can't Dodge Voting Rights Suit

    The Navajo Nation Human Rights Commission told a Utah federal judge that Utah's San Juan County can't dodge its bid to find the county liable for failing to provide equal opportunities to vote to Navajo citizens, saying that a 2016 plan by the county didn’t provide equally accessible polling places to Navajo voters seeking to vote in person.

  • April 10, 2017

    Tribe Wins 1st Circ. Reversal Over Martha's Vineyard Casino

    A Native American tribe on Monday got the go-ahead to build a casino on Martha’s Vineyard after winning a First Circuit bid to reverse a lower court's ruling that barred it from hosting gaming facilities on its land, with a panel shooting down arguments the tribe didn’t have enough of its own government-type resources to support the facility.

Expert Analysis

  • Are Your In-House Lawyers Happy?

    Aric Press

    What is the mood of the nation’s in-house lawyers? Aric Press — a partner at Bernero & Press LLC and former editor-in-chief of The American Lawyer — shares the findings of a recent survey of more than 800 in-house counsel.

  • Why Tribes Should Be Careful With Bankruptcy Practices

    Lynne B. Xerras

    In Casino Caribbean v. Money Centers last month, the U.S. Bankruptcy Court for the District of Delaware ruled that tribal sovereign immunity is not abrogated by Section 106 of the Bankruptcy Code. This decision makes it clear that many bankruptcy courts do not consider Native American tribes to be "governmental units," say attorneys with Holland & Knight LLP.

  • Trump's Skinny EPA Budget Could Have Far-Reaching Impacts

    Jim W. Rubin

    A review of President Donald Trump's recent budget proposal suggests that none of his goals for the U.S. Environmental Protection Agency would be well-served. In fact, the EPA, states, tribes and other federal agencies would all face serious issues in protecting human health and the environment, says Jim Rubin of Dorsey & Whitney LLP.

  • Google, NASA, Planes And A Stronger Legal Team

    Nicholas Cheolas

    Why did minor mechanical issues bring down two airplanes, while a catastrophic engine explosion did not bring down a third? The answers lie, in part, in research conducted by NASA in the wake of those crashes and, more recently, by Google. And those answers can help organizations build better teams to meet today’s legal industry challenges, says Nicholas Cheolas of Zelle LLP.

  • 10 Tips For Better Legal Negotiations

    Marc J. Siegel

    Like everything else, the art of negotiation starts by having a conversation. It’s about being respectful, finding common ground, knowing what you want and, most importantly, listening. A conversation between two lawyers can be complicated at best, but by employing a few techniques and tactics, it doesn’t have to be that way, says Marc Siegel of Siegel & Dolan Ltd.

  • Monthly Column

    Gray Matters: Decision Error

    Gray Matters

    Lawyers make hundreds of decisions during the course of advising a client, consummating a transaction or litigating a case. In this new column, dispute resolution experts Bob Creo and Selina Shultz explore the theory, science and practical aspects of how decisions are made in the legal community.

  • Law Schools And Law Firms: Seeking Common Ground

    Randy Gordon

    What we don’t know is whether the teaching and practice of law are undergoing massive structural changes or we’re still digging out from the worst economic collapse since the Depression. But what we do know is that the missions of the most forward-looking law schools and law firms are converging in ways that were unimaginable 10 years ago, says Randy Gordon, a partner at Gardere Wynne Sewell LLP and executive professor of law at Te... (continued)

  • Not From Around Here? Trying A Case As An Out-Of-Towner

    William Oxley

    The importance of authenticity is magnified when trying a case outside your home jurisdiction. While using references to local landmarks or history can help make arguments relatable, adopting local expressions or style in an attempt to ingratiate oneself with the judge and jury almost always backfires, say William Oxley and Meghan Rohling Kelly of Dechert LLP.

  • How The Most Profitable Law Firms Structure Their C-Suites

    Anita Turner

    The most successful Am Law 200 law firms have evolved from being partner-run to being run by a group of highly skilled professionals reporting to firm shareholders. The data collected from our recent survey indicates this model is generally conducive to increased profitability, says Anita Turner, senior director at Colliers International.

  • Settlement Strategy: What Does The Client Really Want?

    head shot.jpg

    The best outside counsel think like the client. That includes understanding the client’s perspectives and goals with regard to reaching a settlement — because “good results” mean different things for different clients. Outside counsel must ask themselves the right questions, and know the answers, to shape a client-focused settlement strategy, say Kate Jackson of Cummins Inc. and Patrick Reilly of Faegre Baker Daniels LLP.