Native American

  • February 7, 2017

    Contractor Says Challenge To Tribal Court Row Isn't Moot

    A contractor pressed a federal court Monday not to toss his lawsuit seeking to halt the Blue Lake Rancheria’s tribal court dispute accusing him of fraudulently inducing the tribe’s casino into a gambling software development deal on the grounds that the judge who presided over it has a relationship with the tribe.

  • February 7, 2017

    Calif. Tribe To Appeal Ruling That Kept Bingo Site Shuttered

    The Iipay Nation of Santa Ysabel on Monday said it would appeal to the Ninth Circuit a win that California and the U.S. government received from a federal judge when he found the tribe's bingo website flouted federal law because patrons had initiated bets from outside tribal lands but within the state, where gambling is illegal.

  • February 7, 2017

    Ariz. Tribe Urges Judge To Preserve Water Rights Suit

    The Havasupai Tribe urged an Arizona federal judge Monday not to toss its suit accusing Arizona groundwater well owners of illegally depleting an aquifer that provides water to the tribe, saying it has adequately stated a federal common law claim alleging unlawful interference with its water rights.

  • February 7, 2017

    Judge Won't Limit Police Force In Dakota Pipeline Protests

    A federal judge on Tuesday shot down a bid by Dakota Access pipeline protesters to block police from using excessive force when responding to civil protests, saying protesters aren’t always protected by the Constitution and can easily remove themselves from demonstrations.

  • February 6, 2017

    Dakota Access May Get Pipeline OK Soon, Tribe's Atty Says

    The federal government may be close to giving the go-ahead to the Dakota Access pipeline at a disputed North Dakota site after the Standing Rock Sioux Tribe, the U.S. Army Corps of Engineers and the pipeline developer updated a D.C. federal judge on the tribe’s suit over the project Monday.

  • February 6, 2017

    Couple Sues For Distress From Nooksack Disenrollment Row

    A couple has filed a lawsuit in Washington state court seeking damages for the emotional distress they claim to have suffered stemming from the Nooksack Tribe's efforts over the past year to disenroll one of them.

  • February 6, 2017

    Reps. Clash Over Impact Of ACA Repeal On Indian Care

    The leading Republican and Democrat on the House Committee on Natural Resources traded barbs over what impact repealing the Affordable Care Act would have on a related Native American health care law, with Rep. Raul Grijalva, D-Ariz., calling Monday for Republicans to put forward their replacement for Obamacare. 

  • February 6, 2017

    100s Of Ex-EPA Employees Raise Doubts About Pruitt's Nom

    Nearly 450 former U.S. Environmental Protection Agency employees questioned whether Oklahoma Attorney General Scott Pruitt, nominated by President Donald Trump to lead the agency, is qualified for the role, in a letter that was sent to the U.S. Senate on Monday, according to the Environmental Integrity Project.

  • February 6, 2017

    9th Circ. Asked To Reconsider Tribal Enrollment Dispute

    The descendants of a member of the Santa Ynez Band of Chumash Mission Indians have asked the Ninth Circuit to rethink upholding a ruling in favor of the U.S. Department of the Interior in a dispute over the denial of their applications for enrollment in the tribe and for increases in their recorded blood degree.

  • February 3, 2017

    Calif. Gov., Tribes Swap Shots Over Gambling Pact End Dates

    Two California tribes and the state each pushed a federal judge Thursday for a quick win in the tribes' suit seeking to eliminate a provision establishing an expiration date in their gambling deals with the state, with the sides disagreeing over whether such a provision is permitted under federal law.

  • February 3, 2017

    Dakota Access Can't Shake Delay Claims Over Cultural Site

    The North Dakota Public Service Commission has rejected Dakota Access LLC’s bid to toss accusations that it flouted requirements by failing to immediately notify the commission about the discovery of a cultural site during work on its controversial pipeline, setting the stage for a hearing on whether the company’s failure was willful.

  • February 3, 2017

    Calif. Judge Will Keep Eye On Tribal Disenrollment Spat

    A California federal judge said Thursday that he would delay ruling on a bid by the Elem Indian Colony of Pomo Indians of the Sulphur Bank Rancheria to dismiss litigation by members of the tribe over their alleged disenrollment, despite tribal officials' contention that it isn’t trying to oust the members.

  • February 3, 2017

    Enerplus Can't Get $2.96M In Overpayments Yet, Court Told

    A Three Affiliated Tribes member and his attorney urged a North Dakota federal court on Thursday to reject as premature Enerplus Resources Corp.’s bid for a quick win in its lawsuit seeking to recover $2.96 million in mistaken overpayments made to them under a deal concerning oil and gas royalty interests.

  • February 3, 2017

    Montana Gov. OKs Yellowstone Bison Slaughter

    Montana Gov. Steve Bullock removed a roadblock he erected against the slaughter of bison from Yellowstone National Park, saying in a Thursday letter to park officials that he was content with their promise to keep 25 bison safe for eventual relocation to a Native American reservation.

  • February 3, 2017

    House Clears Bill Nixing Methane Flaring Rule

    The U.S. House of Representatives passed a bill aimed at repealing the Department of the Interior’s so-called waste prevention rule Friday, as part of a larger effort to curb former President Barack Obama’s later rules.

  • February 2, 2017

    Casino Developer Says Mont. Tribe Can't Escape Settlement

    A Montana federal judge said Wednesday that he would consider a casino developer’s bid for a restraining order against Chippewa Cree Tribe gaming commissioners at a hearing next week, a day after the company filed suit alleging the officials are trying to thwart payments the tribe owes the firm under a settlement agreement.

  • February 2, 2017

    Dakota Access Says Suit Docs Could Aid Terrorist Attack

    The Energy Transfer Partners unit behind the Dakota Access pipeline urged a D.C. federal judge Wednesday to block the release of documents in the Standing Rock Sioux Tribe’s suit over the project, saying the material could be used by terrorists to attack the pipeline and that the controversy around the project heightens the risk the information will be exploited.

  • February 2, 2017

    Former U.S. Ambassador Rejoins Kilpatrick Townsend In D.C.

    Kilpatrick Townsend & Stockton announced on Thursday that the former U.S. Ambassador to the United Nations Human Rights Council has rejoined the firm as a partner on its Native American affairs team after stepping down from his role and will work from its Washington, D.C., office.

  • February 2, 2017

    Trailer Co. Fights Contempt Bid In Racer Lending Scheme Row

    A company whose assets are connected to a $1.3 billion judgment against professional race car driver and alleged payday loan mogul Scott Tucker and his companies defended itself in Nevada federal court Wednesday against a bid to hold it in contempt for trying to sell a disputed vehicle trailer.

  • February 2, 2017

    Gorsuch Examined Conduct By Trial Attys As 10th Circ. Judge

    During his time on the Tenth Circuit bench, Supreme Court nominee Neil Gorsuch has taken on a handful of cases concerning questionable lawyer conduct at trial, allowing readers inside the mind of a judge watching lawyers dance toward the line of propriety.

Expert Analysis

  • Avoiding The Hidden Costs Of Bargain-Priced E-Discovery

    Michael Cousino

    Many organizations are interested in finding electronic discovery partners who offer tantalizingly low prices for electronic discovery services. However, unforeseen gaps, lax security practices, ignorance of global practices and delayed deliverables can all add up to a surprisingly large final cost, says Michael Cousino of Epiq Systems.

  • Native American Cases To Watch In 2017

    Thomas F. Gede

    The current eight-member U.S. Supreme Court will examine two Native American cases early this year, and may hear additional cases following the confirmation of a ninth justice. Thomas Gede of Morgan Lewis & Bockius LLP discusses the most important cases to pay attention to, including Lewis v. Clarke and Lee v. Tam.

  • Saving Lawyers 1 Breath At A Time: Mindfulness In The Law

    Jennifer Gibbs

    As critical as lawyers are to society, they are reported to be the most frequently depressed occupational group in the United States. In response to the inherently stressful nature of the practice of law, more and more lawyers are turning to an ancient contemplative practice called “mindfulness,” says Jennifer Gibbs of Zelle LLP.

  • Understanding How Blockchain Could Impact Legal Industry

    R. Douglas Vaughn

    Blockchain is essentially a computerized public ledger that can apply to almost anything that a person might save into a database or spreadsheet. This versatile technology may enhance the legal industry by providing an improved record keeping system, setting up "smart contracts" and tracking intellectual property and land records, say R. Douglas Vaughn and Anna Outzen of Deutsch Kerrigan LLP.

  • Bishop Criteria: The Future Of Indian Water Settlements

    Ryan A. Smith

    After decades of negotiation, the Blackfeet Tribe of Montana has successfully moved its water settlement through the House of Representatives, thanks in part to the new "Bishop Criteria" for Indian water settlement legislation. Although the new process is difficult and exacting, it nonetheless provides a path where none existed before, says Ryan Smith of Brownstein Hyatt Farber Schreck LLP.

  • The Path Forward For Industrial Hemp In Indian Country

    Michael D. Reif

    Historically, the legality of growing industrial hemp has been complicated by the commodity's classification as a Schedule 1 drug. As the movement for national legalization marches on, tribes interested in growing hemp should take steps to ensure that they do not lose ground relative to non-Indian farmers, says Michael Reif of Robins Kaplan LLP.

  • 2016 Environmental Case Law Highlights: Part 3

    Anthony B. Cavender

    The final article in this series reviews some of the most significant environmental cases of 2016 decided in the Tenth and Eleventh Circuits, as well as several state supreme courts. Anyone who reads these cases will be impressed by the painstaking approach these courts apply to some of the most vexing and complicated cases on their dockets, says Anthony Cavender of Pillsbury Winthrop Shaw Pittman LLP.

  • Be Prepared For Law Firm Data Breach Litigation

    Scott Vernick

    The April 2016 leak of "Panama Papers" documents from law firm Mossack Fonseca removed any doubt that the threat of cyberattacks against the legal industry is more than hypothetical. While the case law on law firm data breach litigation has largely yet to be written, there are certain fundamental tenets worth reviewing, say Scott Vernick and Peter Buckley of Fox Rothschild LLP.

  • 2016 Environmental Case Law Highlights: Part 2

    Anthony B. Cavender

    In part 2 of this three-part review of 2016's most significant environmental cases, Anthony Cavender of Pillsbury Winthrop Shaw Pittman LLP highlights decisions from the Fifth, Sixth, Seventh, Eighth and Ninth Circuits. In particular, these cases reflect issues common to the energy-producing states as well as additional Endangered Species Act decisions.

  • 7 Legal Industry Predictions For 2017

    Haley Altman

    Since 2008, the legal relationship dynamic has consistently evolved, leading clients to demand more "value" for services received. In 2017, investment in and adoption of new technology and prioritizing cybersecurity will lead to an increase in billable hours and shifts in realization rates, says Haley Altman of Doxly.