Native American

  • May 12, 2017

    Oneida Casino Land Case Appealed To Supreme Court

    A New York nonprofit has asked the U.S. Supreme Court to review a Second Circuit decision that found the federal government can entrust land surrounding New York's Turning Stone Resort and Casino for the Oneida Indian Nation, saying that the circuit court’s decision would give too much power to the federal government and tribes if let stand.

  • May 12, 2017

    Tribal Leaders Immune In Payday Loan Suit, 2nd Circ. Hears

    Officials of Chippewa Cree payday lender Plain Green LLC asked the Second Circuit Friday to find a lower court erred in not recognizing their sovereign immunity as tribal officials in allowing a proposed racketeering and consumer protection class action by customers to proceed.

  • May 12, 2017

    Paskenta Band Again Denied Freeze Of Ex-Leaders' Assets

    A California federal judge on Thursday declined to rethink his decision not to freeze the assets of four former Paskenta Band of Nomlaki Indians officials accused by the tribe of a wide-reaching, multimillion-dollar embezzlement scheme, finding the tribe had not provided new evidence warranting a change.

  • May 12, 2017

    EPA Lets Pebble Mine Project Move Forward

    The U.S. Environmental Protection Agency said Friday it will allow a massive proposed Alaska copper mine to begin to move through the approval process again, a reversal of the Obama administration’s decision to block the issuance of any permits for the Pebble Mine project while it reviewed environmental impacts.

  • May 11, 2017

    Calif. Tribe Says $21M Casino Management Suit Must Be Nixed

    The Picayune Rancheria of the Chukchansi Indians urged a California federal judge Wednesday to toss a casino management company's suit alleging it lost $21 million when the tribe didn’t follow through on a management contract for the tribe’s casino, saying the tribe never waived its sovereign immunity to the suit.

  • May 11, 2017

    9th Circ. Won't Stay CFPB Jurisdiction Over Tribal Lenders

    The Ninth Circuit has declined to delay a mandate for its decision that three tribal lending companies must comply with civil investigative demands by the Consumer Financial Protection Bureau, after the companies had asked for extra time to bring an appeal at the U.S. Supreme Court.

  • May 11, 2017

    1st Circ. Won't Rethink Martha's Vineyard Tribal Casino Ruling

    The First Circuit on Wednesday rejected requests by Massachusetts and a Martha's Vineyard town for a rehearing of a circuit panel's decision, paving the way for a Native American tribe to open a bingo hall on the island.

  • May 11, 2017

    Maine Tribes Slam EPA's Bid To Stay Water Quality Suit

    Two tribes in Maine urged a federal judge to reject the U.S. Environmental Protection Agency's bid for a 90-day stay in the state’s suit challenging the EPA’s tightening of its water quality standards for tribal waters so it can review the policy, saying pausing the case will harm the tribes for no reason.

  • May 11, 2017

    Leader Of Drug Ring That Targeted Tribal Areas Gets 25 Years

    The leader of a drug-trafficking ring that brought drugs such as heroin, methamphetamine and oxycodone to the Red Lake and White Earth Indian Reservations in Minnesota and other tribal communities in North Dakota was sentenced Wednesday to 25 years in jail and 10 years of supervised release.

  • May 10, 2017

    Bank Can't Force Arbitration Of Payday Loan Suit: 4th Circ.

    The Fourth Circuit on Wednesday refused to let BMO Harris Bank arbitrate claims that it collected illegal payday loans through a tribal lender, labeling the arbitration agreement as a calculated attempt to skirt federal laws.

  • May 10, 2017

    Cherokees' Opioid Suit A Test For Tribal Courts' Reach

    The Cherokee Nation’s recent suit against Wal-Mart, Walgreens and other major pharmacies and drug distributors is an aggressive bid to use tribal law to make non-Indian companies pay for the opioid crisis plaguing the tribe's citizens, but attorneys say the Cherokees will likely face a tough fight to keep their claims in tribal court.

  • May 10, 2017

    Tribe Says FERC OK'd Pipeline Work Without Consultation

    The Narragansett Indian Tribal Historic Preservation Office accused the Federal Energy Regulatory Commission on Tuesday of giving a Kinder Morgan unit the green light to begin construction on a pipeline expansion project without properly considering its impact on religious and cultural ceremonial stone landscapes and meaningfully consulting with the tribal historic preservation office.

  • May 10, 2017

    Ex-Tribal Council Member Pleads Guilty To Casino Theft

    A former Winnebago Tribal Council member pled guilty on Monday in Nebraska federal court to taking unauthorized money from the tribe’s casino, as prosecutors continue to pursue eight other former council members for their alleged roles in a conspiracy to steal from the casino.

  • May 10, 2017

    Calif., NY Sue DOI Over Coal Leasing Program

    California, New York, New Mexico and Washington hit the U.S. Department of the Interior with a lawsuit in Montana federal court Tuesday for restarting the federal coal leasing program without conducting a new or updated environmental review.

  • May 10, 2017

    NM Judge Denies Bid To Clarify Water Deal In Tribal Suit

    A New Mexico federal judge on Wednesday denied a bid to clarify a water rights settlement between the state of New Mexico, four pueblos and the city and county of Santa Fe, saying that the parties have agreed on a way to clear up issues that have come from the drafting of rules required by the deal.

  • May 10, 2017

    Senate Fails To Advance Methane Rule Repeal

    Congress on Wednesday failed to advance a measure that would undo a rule from President Barack Obama’s term meant to curb methane emissions on federal lands, a surprise defeat for a Republican-controlled Congress that has passed measures to undo more than a dozen Obama-era regulations.

  • May 9, 2017

    BIA Wants Challenge Of Tribe Reorganization Ruling Tossed

    The Bureau of Indian Affairs and a faction of a California tribe both urged a federal judge on Monday to toss a suit challenging the agency’s ruling that the tribe has to be reorganized, with the BIA arguing its former leader reasonably found that a rival faction isn’t a valid representative for the tribe.

  • May 9, 2017

    Conn. Committee OKs Bill Backing $300M Tribal Casino Plan

    A Connecticut legislative committee approved a bill Monday that would allow a company co-owned by the tribes behind the Foxwoods Resort and Mohegan Sun casinos to open a proposed, $300 million third casino in the state, teeing up review of the legislation by the full state Senate.

  • May 9, 2017

    Feds Duck Suit Over Hot Oil Burn In Reservation School

    A South Dakota federal judge on Tuesday tossed a negligence suit against the federal government from the guardians of a Native American school girl who was burned by hot oil during a home economics class, finding that the student’s teacher was not a federal employee.

  • May 9, 2017

    Mining Operations Disturbing Reservation, Ariz. Tribe Says

    The Gila River Indian Community has launched a lawsuit in Arizona federal court over sand and gravel mining operations that it says are encroaching on its reservation land and causing damage to cultural sites and the Gila River.

Expert Analysis

  • The 9-Year Winning Streak Of Virginia ‘Rocket Docket’

    Bob Tata

    Out of 94 district courts, the Eastern District of Virginia has been the fastest civil trial docket in the country for nine straight years. Without micromanaging the process, the EDVA's judges, magistrate judges, and clerks and staff continue to perform at a stunningly efficient level, says Bob Tata of Hunton & Williams LLP.

  • Opinion

    Let's Talk About Half-Hearted Innovation

    Michael Moradzadeh

    Allowing attorneys to telecommute may seem like a great fix for law firms. But without significant changes to the firm's culture, telecommuting is just a patch applied to the problem of attrition, says Michael Moradzadeh, founding partner of Rimon PC.

  • Trump’s Environmental Agenda: The 1st 100 Days

    Brian Israel

    The first 100 days of the Trump administration have been momentous for environmental policy. Brian Israel and Ethan Shenkman of Arnold & Porter Kaye Scholer LLP outline what we know so far about President Donald Trump’s environmental agenda, identify key unknowns, and discuss five major obstacles that Trump will face as he seeks to implement his environmental agenda.

  • Roundup

    Counsel To Counsel: Insights From Law Firm GCs

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    General counsel at four law firms share the biggest issues they face in an increasingly complex legal environment.

  • Monthly Column

    Gray Matters: The Attorney-Client Team

    Robert Creo

    A 1979 study of attorney-client interactions revealed startling information: Despite years of education and training to hone their legal expertise, attorneys were not acting as independent counselors but rather allowing their clients to control them. Our experience is that this trend has accelerated, say dispute resolution experts Robert Creo and Selina Shultz.

  • Litigation Finance, Big Data And The Limits Of AI

    Christopher Bogart

    Theoretically, both better data and its better use should be able to improve results in litigation, and thus help litigation financiers allocate more capital to meritorious matters. However, while big data and artificial intelligence are intriguing additions to the litigation toolkit, they are far from turning litigation finance on its head, says Christopher Bogart, CEO of Burford Capital LLC.

  • Series

    Counsel To Counsel: Mama Said There'll Be Days Like This

    Peter J. Engstrom

    It's no longer enough for law firms simply to provide expert legal advice — we are expected to mirror clients' legal, ethics and social commitments and promises. For law firm GCs, the resulting job demands seem to grow exponentially, says Peter Engstrom, general counsel of Baker McKenzie.

  • Series

    Counsel To Counsel: A Law Firm GC's Data Protection Duties

    Thomas W. White

    Increasingly, we see companies in all industries seeking to perform various levels of due diligence on our information security defenses. We received three times as many diligence requests from clients and prospective clients in 2016 as we did in 2015. Some clients even conduct their own penetration tests, says Thomas White, general counsel of WilmerHale.

  • Series

    Counsel To Counsel: Evaluating Positional Conflicts

    Nicholas A. Gravante Jr.

    What happens when attorneys come to their general counsel’s office with knowledge of a potential positional conflict? While the inquiry will depend on the rules governing the particular jurisdiction, there are a few general questions to consider from both business and legal ethics perspectives, say general counsel Nicholas A. Gravante Jr. and deputy general counsel Ilana R. Miller of Boies Schiller Flexner LLP.

  • Series

    Counsel To Counsel: 5 Challenges For A Law Firm GC

    John Koski

    Regardless of where we live and practice, regardless of whether trade deals succeed or fail, and regardless of whether the movement of people or capital is easy or difficult, our clients will still have needs or problems far away from home, says John Koski, global chief legal officer at Dentons.