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Native American

  • May 17, 2018

    NJ Says History Shows It Never Formally Recognized Tribe

    New Jersey’s attorney general on Wednesday told a federal judge that a push by the Nanticoke Lenni-Lenape Tribal Nation for an early win on its allegations that the state improperly refused to recognize the tribe should fail, saying history proved its view of the tribe was consistent.

  • May 17, 2018

    A Chat With Perkins Practice Management Chief Toby Brown

    In this monthly series, legal recruiters at Major Lindsey & Africa interview management from top law firms about navigating an increasingly competitive business environment. Here we feature Toby Brown, chief practice management officer at Perkins Coie LLP.

  • May 17, 2018

    Nonprofit Head Pleads Guilty To Stealing Tribal Grant Money

    A Cleveland, Ohio, man has copped to stealing more than $77,000 in federal grant money meant to serve Native Americans while at the helm of a nonprofit, federal prosecutors announced Wednesday.

  • May 16, 2018

    Retailers Led By Walgreens Sue Allergan Over Restasis IP

    A quartet of major U.S. retailers including Walgreen Co., Kroger Co., Albertsons Cos. Inc. and HEB Grocery Co. sued Allergan Inc. on Wednesday alleging antitrust violations, accusing the drugmaker of fibbing to the authorities to secure unlawful patents for its Restasis dry-eye disease medication.

  • May 16, 2018

    Idaho Tribe Member Wins Dem. Primary For Governor

    Paulette Jordan, a state legislator and former Coeur d’Alene tribal council member with experience in tribal gaming, won the Democratic primary for Idaho governor Tuesday in her bid to become the first Native American elected governor of any state.

  • May 16, 2018

    Tribes Must Be Part Of Sports Betting Discourse, NIGC Says

    The National Indian Gaming Commission said Tuesday that it will work with tribes in the wake of the U.S. Supreme Court decision to allow states to legalize sports betting, to ensure Native American voices are heard in the new gaming environment.

  • May 16, 2018

    DOJ Says Justices Should Take Wash. Fuel Tax Case

    The federal government urged the U.S. Supreme Court on Tuesday to hear a petition by a Washington state agency seeking to overturn a ruling by the state's top court that a Yakama Nation company is exempt from a fuel tax, saying the tax doesn’t violate the tribe’s treaty rights.

  • May 16, 2018

    DOJ, Microsoft Urge Fed. Circ. To Find Tribes Can Face IPRs

    The Federal Circuit should uphold the Patent Trial and Appeal Board's decision saying that sovereign immunity doesn't apply to inter partes reviews because federal agencies are allowed to enforce federal law, even against states and Native American tribes, the U.S. Department of Justice, Microsoft Corp. and other amici told the court.

  • May 16, 2018

    Police Didn't Use Excessive Force In Casino Arrest, Court Told

    Officers of the Oneida Indian Nation Police Department urged a New York federal court on Tuesday to grant them a quick win on a claim that they used excessive force during an arrest at the tribe's Turning Stone Resort Casino, arguing filmed evidence showed the claim was groundless.

  • May 15, 2018

    Tribal Patent Pacts An 'Assault' On IPR System, Fed. Circ. Told

    Several generic drug companies have urged the Federal Circuit to uphold the Patent Trial and Appeal Board’s finding that it could reevaluate patents for the dry-eye drug Restasis, in spite of Allergan’s decision to transfer its intellectual property to the Saint Regis Mohawk Tribe and invoke sovereign immunity to avoid inter partes review.

  • May 15, 2018

    House Passes Oregon Tribal Land Transfer Bill

    The U.S. House of Representatives passed a bill Tuesday meant to allow a handful of Oregon tribes to have more flexibility to transfer or lease their lands that are not held in trust by the federal government.

  • May 15, 2018

    Tribe Loses LNG Permit Challenge In Wash. Appeals Court

    A Washington appeals court on Monday backed a development permit issued for a Puget Sound Energy liquefied natural gas project in Tacoma, Washington, rejecting arguments from the Puyallup Tribe that state shoreline regulators wrongly affirmed the permit issued by the city.

  • May 15, 2018

    Calif. Tribe Asks Justices To Spurn County's Casino Land Suit

    The Ione Band of Miwok Indians urged the U.S. Supreme Court on Monday to reject a California county’s challenge to a U.S. Department of the Interior land-into-trust acquisition for a proposed tribal casino, saying the Ninth Circuit correctly interpreted federal law in backing the department’s decision.

  • May 15, 2018

    Enviros Lodge Discrimination Case Over NC Pipeline Permits

    A coalition of environmental and civil rights groups on Tuesday urged the U.S. Environmental Protection Agency to nix permits from North Carolina environmental regulators for the $5 billion Atlantic Coast natural gas pipeline, claiming the state ignored the project's disproportionate effects against African-American and Native American communities along its path.

  • May 15, 2018

    100 Oil Cos., Banks Urged To Pass On Arctic Refuge Drilling

    Investors with $2.52 trillion in total assets, including the New York State Common Retirement Fund, Trinity Health and BNP Paribas AM, as well as dozens of environmental and tribal groups pressed oil and gas companies and the banks that back them Monday not to drill in the Arctic National Wildlife Refuge.

  • May 15, 2018

    Wash. Judge Lets BNSF Appeal In Tribal Right-Of-Way Suit

    A Washington federal judge on Tuesday said that BNSF Railway Co. can appeal a decision in favor of the Swinomish Indian Tribal Community in the tribe's suit over shipping crude oil across reservation land and that he will stay the case while the Ninth Circuit considers the appeal.

  • May 15, 2018

    US Seeks To Sink Challenge To Trump's '2-For-1' Order

    The federal government has told a D.C. district court that public interest groups have again failed to show that they properly brought suit against President Donald Trump's executive order that said for every new regulation, two have to be repealed, arguing that the groups can't demonstrate the order caused specific harm.

  • May 14, 2018

    Canada, Native Adoptees Settle In Deal Worth Up To $800M

    A Canadian federal judge approved a settlement requiring the government to pay as much as $800 million largely to compensate “sixties scoop” victims, who were native children scooped up and adopted by non-native families, depriving them of their culture, according to the lawsuit's website.

  • May 14, 2018

    High Court Sports Bet Ruling Could Mean Bonanza For Tribes

    The U.S. Supreme Court's decision Monday to strike down a federal sports betting ban offers Native American tribes a promising avenue to expand their gaming businesses, but how lucrative it is depends on how adept tribes can be in working with states to secure their place in the sports betting game, experts say.

  • May 14, 2018

    Tribal Enviro Manager Added To EPA Advisory Committee

    The environmental manager of the Pyramid Lake Paiute Tribe’s Natural Resources Department was one of more than a dozen new members added to a federal advisory committee that works with the U.S. Environmental Protection Agency to partner with local governments, the agency announced on Friday.

Expert Analysis

  • Spending Bill Includes Unique Path To Conservation Goals

    John Andrews

    Buried deep inside the recently passed Consolidated Appropriations Act, legislation reviving the formerly expired Federal Land Transaction Facilitation Act offers opportunities for potential purchasers of federal public lands, while also creating a source of funding for important conservation transactions, says John Andrews of Snell & Wilmer LLP.

  • 5 Ways Law Firms Are Becoming More Like Hotels

    Bella Schiro

    One way law firms differentiate themselves from the competition to attract and retain top talent is through their real estate and workplace strategies. Taking a lead from the hospitality industry can help create a more inviting, welcoming and collaborative workspace environment, says Bella Schiro of Jones Lang LaSalle Inc.

  • Opinion

    Gorsuch's 1st Year Shows He Is A Conservative Activist

    Elliot Mincberg

    In his first year on the U.S. Supreme Court, Justice Neil Gorsuch has proven to be a narrow-minded elitist who consistently votes in favor of corporations and the powerful, acting to roll back protections for workers, consumers, LGBTQ individuals and other marginalized communities, says Elliot Mincberg of People for the American Way.

  • Finance-Savvy Millennials Are Shifting Business Of Law

    Michael Perlich

    The impact of millennials has already been felt within the legal community by our eagerness to embrace new technologies. One way that we will have potentially even more impact lies in our willingness to embrace new ways of developing business and financing law, says Michael Perich of Burford Capital LLC.

  • Opinion

    Attorney-Client Privilege Is Alive And Well

    Genie Harrison

    The FBI raid of the office of President Donald Trump’s personal lawyer set off a firestorm of controversy about the sanctity of the attorney-client privilege, epitomized by Trump's tweet that the "privilege is dead." But attorney-client privilege is never taken lightly — I have battle scars from the times I have sought crime-fraud exceptions, says Genie Harrison of the Genie Harrison Law Firm.

  • Roundup

    Dissolving Practice

    Dissolving Practice

    In this series, experts discuss the unique aspects of closing a law firm, and some common symptoms of dysfunctionality in a firm that can be repaired before it's too late.

  • Series

    Dissolving Practice: How To Fix A Dysfunctional Law Firm

    Larry Richard

    I am often asked, “When there are one or more partner departures, what can a firm do to prevent this from escalating to a catastrophic level?” The short answer is “nothing.” Law firms need to adopt culture-strengthening lifestyles to prevent defections from occurring in the first place, says Larry Richard of LawyerBrain LLC.

  • Series

    Dissolving Practice: Partner Agreement Clauses That Can Help

    ​​​​​Leslie Corwin

    Given the competing public policies of protecting clients’ right to counsel of their choice, lawyer mobility, and the fiduciary duty partners owe to a dissolved firm, it behooves law firms to carefully review their partnership agreements to make sure they adequately spell out what happens in the unfortunate event that the law firm chooses to wind down, say ​​​​​Leslie Corwin and Rachel Sims of Blank Rome LLP.

  • Series

    Dissolving Practice: The Unfinished Business Doctrine

    Thomas Rutledge

    There has been, of late, significant dispute as to the application of the unfinished business doctrine, particularly with respect to hourly rate matters of now-dissolved large law firms. And the California Supreme Court’s recent decision in Heller Ehrman, like others as to similar points, is highly questionable, says Thomas Rutledge of Stoll Keenon Ogden PLLC.

  • Opinion

    Congress' Fix To Tribal Sovereign Immunity Misses The Point

    Caso (2).jpg

    Congress recently introduced a bill to strip Native American tribes of sovereign immunity on issues relating to patents, but this proposed law only delays resolution of the confusion over a real problem on new attacks on pharmaceutical patents, says Anthony Caso, director of the Claremont Institute’s Constitutional Jurisprudence Clinic at Chapman University Fowler School of Law.