Native American

  • November 9, 2017

    Sens. Ask GAO To Eye EPA's 'Double Standard' On Advisers

    Ten senators decried the "double-standard" of a new Environmental Protection Agency directive that bars EPA grant recipients from advisory committees to reduce conflicts of interest — yet lets industry-funded scientists replace them — in a letter to the Government Accountability Office on Thursday.

  • November 9, 2017

    CFPB Urges Justices To Reject Tribal Lenders' Petition

    The Consumer Financial Protection Bureau has urged the U.S. Supreme Court to reject a challenge to a Ninth Circuit decision forcing two Native American online lenders to comply with a CFPB investigation of their business practices, saying the agency’s authority clearly encompasses tribe-owned companies.

  • November 9, 2017

    Tribe, Not Officials, Immune To Extortion Suit: Utah Justices

    The Utah Supreme Court has ruled that the Ute Indian Tribe kept its sovereignty immunity to a suit claiming tribal officials tried to extort money from two businesses working with oil and gas companies near its reservation, but said the officials would have to face claims against them in tribal court.

  • November 9, 2017

    10th Circ. Won't Revisit Creek Member's Murder Case

    The Tenth Circuit on Thursday rejected a bid by the state of Oklahoma and the federal government to rehear a decision overturning the state murder conviction and death sentence of a Muscogee Creek Nation member, but the circuit’s chief judge said the U.S. Supreme Court should consider taking the case to mull a key test at the heart of the court’s decision.

  • November 9, 2017

    Tolowa Nation Sues Feds Over Denial Of Tribal Recognition

    The Tolowa Nation asked a California federal court on Tuesday to grant it tribal recognition, claiming the government unfairly conflated it with a related tribe when it recently denied an application the group had filed over 30 years ago.

  • November 9, 2017

    W.Va. Casino Raids Tip Pool To Fund Time Off, Dealers Say

    A West Virginia casino owned by Penn National Gaming Inc. got hit with a workers’ wage suit Wednesday as dealers alleged that the casino breaks state and federal law because it relies on a pooled tip fund to finance payment of future paid time off that employees may never receive.

  • November 8, 2017

    Indian Health Service Must Weigh Tribe's Claims, Judge Says

    A D.C. federal judge on Tuesday ruled that the Indian Health Service must reconsider the Redding Rancheria’s claims for more than $1 million in medical reimbursement, saying the tribe is allowed to seek payback from the government for the sometimes cheaper services obtained through a tribal insurance program.

  • November 8, 2017

    House OKs Bill For Expedited Hydropower Licenses

    The House of Representatives passed a bill Wednesday that would expedite some Federal Energy Regulatory Commission consideration for hydropower projects, over Democrats’ concerns that it would circumvent environmental rules.

  • November 8, 2017

    11th Circ. Urged To Sanction Seminoles In Subpoena Row

    A group of individuals associated with a Florida energy company has asked the Eleventh Circuit to reject the Seminole Tribe of Florida Inc.'s bid to have the group sanctioned for litigation seeking to escape tribal court subpoenas, saying the tribe itself should be sanctioned for “unreasonable and vexatious conduct."

  • November 8, 2017

    Lewis Tein Asks Justices To Weigh In On Tribal Immunity

    A Florida appeals court's ruling that the Miccosukee Tribe of Indians of Florida is shielded from malicious prosecution claims is in conflict with other state court decisions and falls in a gap in jurisprudence on tribal sovereign immunity, Lewis Tein PL told the U.S. Supreme Court on Tuesday.

  • November 8, 2017

    Trump's Enviro Pick Gets Frosty Reception At Senate Hearing

    President Donald Trump's pick to lead the White House's Council on Environmental Quality was predictably grilled by Senate Democrats on Wednesday over her skepticism of man-made climate change, but Kathleen Hartnett White also faced heat in her confirmation hearing from Republicans representing corn-producing states over her prior criticism of the U.S. Environmental Protection Agency's renewable fuels program.

  • November 8, 2017

    Fla. Court Shoots Down State's Card Game Rule Repeal

    A Florida appeals court on Wednesday affirmed an administrative law judge's decision that the state should not have withdrawn a rule providing guidance on certain card games narrowly permitted at pari-mutuels, ruling that the state's action impermissibly changed the rules while avoiding the rulemaking process.

  • November 8, 2017

    10th Circ. Won’t Change Order Shrinking Wyo. Reservation

    The Tenth Circuit on Tuesday denied a request by two tribes for the full circuit to revisit a decision that shrank the size of a Wyoming reservation based on a 1905 act of Congress, although the court did issue a revised opinion that kept the overall result in place.

  • November 7, 2017

    Allergan Making A 'Mockery' Of IPR Process, Lawmaker Says

    Members of the House Judiciary Committee on Tuesday expressed concern about Allergan PLC’s agreement to transfer drug patents to a Native American tribe in an effort to shield them from inter partes review, with one lawmaker saying Allergan was making a "mockery” of Congress’ power.

  • November 7, 2017

    Oklahoma Warns Of CFPB Overreach In Tribe Loan Suit

    Oklahoma on Monday urged a Kansas federal court to toss a suit launched by the Consumer Financial Protection Bureau against a California tribe over allegedly improper loans, arguing that the suit was a "gambit" by a federal agency to abuse its authority and regulate states and tribes.

  • November 7, 2017

    Gov't, Tribe Seek Quick Wins In Calif. Casino Land Fight

    The federal government and a tribe each asked a D.C. federal court Monday for quick wins in a California community group’s suit challenging the U.S. Department of Interior’s decision to acquire land in trust for the tribe for gaming, saying the officials involved acted within their authority.

  • November 7, 2017

    Justices Wary Of Congressional Power To Curb Lawsuits

    Several U.S. Supreme Court justices were concerned Tuesday about whether upholding a law that blocked challenges to a Michigan tribal casino could open the door for Congress to enact laws that cut off suits targeting corporations or are connected with controversial issues.

  • November 7, 2017

    Tribe Says Feds, Not Mich., Should Oversee Mine Permit

    Attorneys for the Menominee Indian Tribe of Wisconsin on Monday sent a notice of their intent to sue two federal agencies, arguing that it is their job and not up to the state of Michigan to oversee a Clean Water Act permit application for a mine the tribe opposes.

  • November 7, 2017

    Ex-Tribal Treasurer Gets 5 Years’ Probation For Casino Theft

    A Nebraska federal judge on Monday sentenced a former treasurer of the Winnebago Tribe of Nebraska’s governing council to five years of probation for stealing from the tribe’s casino, federal prosecutors announced.

  • November 6, 2017

    Justices To Mull Congress' Reach In Tribal Casino Battle

    The U.S. Supreme Court will hear arguments Tuesday over whether Congress improperly tilted the scales in favor of a tribal casino project by passing a law meant to end a court challenge, a case that could put the up-and-running casino in jeopardy. Here, Law360 breaks down the case.

Expert Analysis

  • Series

    Judging A Book: McConnell Reviews 'Unequal'

    Judge John McConnell

    As widespread claims of sexual misconduct continue to surface in the entertainment industry and beyond, a discussion of how judges treat workplace discrimination cases may be particularly timely. Here, U.S. District Judge John McConnell reviews the book "Unequal: How America’s Courts Undermine Discrimination Law," by professors Sandra Sperino and Suja Thomas.

  • Defending The National Historic Preservation Act: Part 2

    Ann Berkley Rodgers

    Tribal consultation pursuant to the National Historic Preservation Act can and should be a collaborative process. Tribes should not be fearful of collaborating with project proponents, and federal agencies must allow for new strategies that are best suited to the proposed project, say attorneys with Chestnut Law Offices PC and Hobbs Straus Dean & Walker LLP.

  • Roundup

    Making Pro Bono Work

    Pro Bono Thumbnail

    In this series, attorneys explore the challenges and rewards of pro bono volunteering in the legal profession.

  • Being There: Preparing Witnesses For Depositions

    Alan Hoffman

    Preparing witnesses to be deposed is a critical element of discovery. It is important to remember that each witness is an individual with unique personal qualities, strengths and weaknesses. Getting to know the witness helps establish rapport and trust, says Alan Hoffman of Husch Blackwell LLP.

  • Defending The National Historic Preservation Act: Part 1

    Ann Berkley Rodgers

    The federal rush for infrastructure and energy development, combined with the ongoing Dakota Access pipeline saga, is placing the National Historic Preservation Act in jeopardy. This law is important for preventing the destruction of places significant to tribal culture, say attorneys with Chestnut Law Offices PC and Hobbs Straus Dean & Walker LLP.

  • Series

    Making Pro Bono Work: The Sidley-Exelon Partnership

    Kelly Huggins

    Exelon Corp. and Sidley Austin LLP have been working together on both short- and long-term pro bono matters for the past 10 years. We offer a glimpse of how we got started and what we have done in the hope that other corporate legal departments and law firms might find ways to work together to meet the legal needs of the poor, say Kelly Huggins, pro bono counsel at Sidley Austin, and Margaret Balsley-Cross, assistant general counsel at Exelon.

  • Recipe For Legal Project Management: Look To BBQ Champs

    Anthony Rospert

    As a master certified barbecue judge with the Kansas City Barbeque Society, I have noticed that the top pitmasters follow a consistent process in approaching each and every competition. Their "secret sauce" — employing project management principles — can also help lawyers achieve success, says Anthony Rospert of Thompson Hine LLP.

  • Series

    Making Pro Bono Work: Can You Practice In Your State?

    Eve Runyon

    The justice gap is a well-documented problem and over the past two decades, law firms have mobilized attorneys to provide millions of hours of pro bono every year. But for many in-house counsel, there remains a big hurdle — restrictive multijurisdictional practice rules, says Eve Runyon, president and CEO of Pro Bono Institute.

  • Opinion

    Representing Women At The Intersection Of Law And Finance

    Andrea Mitchell

    To the extent that companies have tolerated predominantly male leadership in the past because it was deemed necessary for growth and prosperity, or viewed diversity and the underrepresentation of women strictly as human resources issues, a growing body of research suggests otherwise, say Andrea Mitchell and Valerie Hletko of Buckley Sandler LLP.

  • Series

    Making Pro Bono Work: Building Sponsorship Relationships

    Michael Scudder

    Within their first year, associates should make it a priority to take on a pro bono matter and approach a partner about supervising the project. By collaborating with a partner on a pro bono case, young associates can cultivate sponsorship relationships while simultaneously contributing to the public good, say Michael Scudder and Jay Mitchell of Skadden Arps Slate Meagher & Flom LLP.