Native American

  • January 5, 2018

    4 Environmental Rulings That Flew Under The Radar In 2017

    Federal and state court judges made several important environmental law rulings in 2017 that managed to avoid the spotlight, from a Ninth Circuit finding that climate change data was misused in a government analysis of how increased fishing could impact loggerhead turtles to a California Supreme Court ruling on groundwater extraction fees.

  • January 5, 2018

    NC Cherokee Tribe Latest To File Opioid Marketing Suit

    North Carolina's Eastern Band of Cherokee Indians on Thursday joined the mass of groups accusing opioid makers and distributors of deceptively marketing the painkillers as safe for long-term use and creating the nation’s opioid crisis.

  • January 5, 2018

    Racer Jailed For $2B Fraud After Judge Rips Tribal Defense

    A Manhattan federal judge hit racer Scott Tucker with a prison sentence of more than 16 years on Friday for a $2 billion payday loan fraud, jailing him straight away and rejecting his claim that “tribal sovereignty" made his dunning empire legal, along with his lawyer, who was sentenced to seven years but was not remanded.

  • January 5, 2018

    Enviros Fight Plans To Lease NM Land For Fracking

    Environmental groups have challenged the U.S. Bureau of Land Management’s plans to open up thousands of acres of land in the Greater Chaco area of New Mexico to hydraulic fracturing, saying the agency must hold off until a proper environmental analysis has taken place.

  • January 5, 2018

    9th Circ. Urged To Revive Suit Over Tribal Remains At Casino

    Former Jamul Indian Village leaders asked the Ninth Circuit on Thursday to revive their suit over the alleged disinterment of their deceased relatives' remains during the construction of the tribe's San Diego-area casino, calling the lower court's dismissal “erroneous.”

  • January 5, 2018

    Utah Wants Gold King Mine Suit Halted For Deal Talks

    Utah urged a Utah federal judge on Thursday to halt its suit over the Gold King Mine spill pending a U.S. Judicial Panel on Multidistrict Litigation decision on transferring the case to an MDL and while the state talks settlement with the federal government.

  • January 4, 2018

    BIA Taps CFO As Regional Director For Southern Plains

    The Bureau of Indian Affairs announced Wednesday that it has tapped its own chief financial officer to lead one of its regional offices covering two dozen tribes across Oklahoma, Kansas and Texas, a week after it announced a new deputy bureau director of its Office of Justice Services.

  • January 4, 2018

    Allergan Announces Reduction Of 1,000 Jobs

    Allergan PLC will slash more than 1,000 jobs and will not fill about 400 other positions that are open due to the expected loss of exclusive rights to sell some of the drugmaker’s products, according to a Wednesday U.S. Securities and Exchange Commission filing.

  • January 4, 2018

    Stockbridge-Munsee Opposes Sanction In Wis. Casino Dispute

    The Stockbridge-Munsee Community told a Wisconsin federal judge on Wednesday its counsel should not be sanctioned for trying to amend its complaint after its initial casino expansion suit claims against the Ho-Chunk Nation were thrown out, arguing that its behavior was reasonable and in the client’s interest.

  • January 4, 2018

    Landowner Urges 10th Circ. To Revive Drill Permit Suit

    An Oklahoma landowner on Wednesday urged the Tenth Circuit to reject the federal government’s argument that the appellate court shouldn’t revive his suit claiming the Bureau of Indian Affairs granted an energy exploration company permission to drill on his land without first conducting a required environmental review.

  • January 4, 2018

    DC Circ. Won't Rethink Nix Of Calif. County’s Casino Suit

    The D.C. Circuit on Wednesday said it won’t reconsider a panel ruling backing the dismissal of a California county’s suit challenging a U.S. Department of the Interior decision supporting a proposed tribal casino.

  • January 3, 2018

    Mohawk Tribe Demands Info On 'Impartiality' Of PTAB Judges

    The Native American tribe that made a controversial patent licensing deal with Allergan PLC is pushing for information about the Patent Trial and Appeal Board judges overseeing its case, expressing concern Tuesday that “political pressure” may influence the outcome.

  • January 3, 2018

    DOJ Accepting Apps For Tribal Safety Improvement Grants

    The U.S. Department of Justice on Wednesday said that recognized tribes and Alaska Native governments can start applying for safety improvement grants that will fund a range of initiatives from improving juvenile justice to increasing victim assistance, so long as the applications are in by March 20.

  • January 3, 2018

    Canada Court OKs US Resident Tribe Member's Right To Hunt

    The high court of British Columbia has upheld the acquittal of a Washington state tribal member on charges stemming from an elk he killed in the province in 2010. 

  • January 3, 2018

    Alissa Starzak Talks Net Neutrality, US Army, Leap To Startup

    Cloudflare Inc.'s Alissa Starzak discusses her former role as general counsel for the U.S. Army and the lengthy confirmation process leading up to it, as well as her present work in the private sector and views of net neutrality.

  • January 3, 2018

    NLRB Says Recent Ruling Impacts 9th Circ. Casino Spat

    The National Labor Relations Board told the Ninth Circuit on Wednesday that a recent board decision invalidated one of its reasons for holding that a California tribal casino can’t block workers from handing out union leaflets in guest areas, but maintained that the practice was unlawful nonetheless.

  • January 3, 2018

    Shop Can't Get Coverage In Native Art Criminal Case

    A federal judge on Tuesday said an insurance company doesn't have to cover an Alaska business for attorneys' costs incurred in successfully defending federal charges of falsely touting merchandise as Native American-produced.

  • January 2, 2018

    Tribal Group Funds Study On Problem Gambling In NM

    A group made up of Native American-owned casinos in New Mexico is funding a study to look into the scope of problem gambling in the state, the first undertaking of its kind to be conducted in New Mexico in more than 10 years.

  • January 2, 2018

    No Holiday Break For The Energy Sector As 2017 Wrapped Up

    Moves by the Trump administration to roll back Obama-era oil and gas regulations as well as blue-state attorneys general launching a new legal salvo against the EPA helped puncture the usual Christmas holiday lull for the energy sector. Here's a recap of major energy-related developments from the final days of 2017.

  • January 2, 2018

    Tribe Won't Get $610M For Old Land Claims, Judge Says

    A Connecticut Superior Court judge says the state does not owe the Schaghticoke Tribal Nation the $610 million it demanded in a suit alleging that its land was taken without compensation, deciding that the 18th century statutes the case relied on didn’t actually grant the tribe the land.

Expert Analysis

  • Series

    Judging A Book: Saris Reviews 'Locking Up Our Own'

    Judge Patti Saris

    Having just completed a six-year term as chair of the U.S. Sentencing Commission, I read Yale Law School professor James Forman's new book, "Locking Up Our Own: Crime and Punishment in Black America," with particular interest, says Judge Patti Saris, chief judge for the U.S. District Court for the District of Massachusetts.

  • Roundup

    Judging A Book

    Gorsuch: The Judge Who Speaks For Himself

    Are the latest books on the judicial system worth reading? Federal judges share their thoughts in this series of book reviews.

  • Don't Waste This Planning Cycle: Year-End Strategies

    Hugh A. Simons

    Law firms are businesses where partners operate with significant autonomy. To see their priorities translate into individual partner action, firm leaders should use a few collaborative strategies, suggests Hugh A. Simons, former senior partner of The Boston Consulting Group and former COO of Ropes & Gray LLP.

  • From Snaps To Tweets: The Craft Of Social Media Discovery

    Matthew Hamilton

    Courts have consistently held that social media accounts are subject to established discovery principles but are reluctant to allow parties to rummage through private social media accounts. Recent case law confirms that narrowly tailored information requests get the best results, say Matthew Hamilton, Donna Fisher and Jessica Bae of Pepper Hamilton LLP.

  • Why White House Efforts To Dismantle Regs Face Roadblocks

    Steven Gordon

    When the White House changes hands from one political party to the other, the new administration often seeks to change or eliminate some of the regulations promulgated by prior administrations. But when regulatory provisions are based on scientific or economic analysis, it may be difficult to legally justify a change, says Steven Gordon of Holland & Knight LLP.

  • An Interview With Former DHS Secretary Jeh Johnson

    Randy Maniloff

    Jeh Johnson, the former secretary of homeland security, was kind enough to let me visit him to reflect on his diverse career. He told stories that left me speechless. And yes, the man who was responsible for the Transportation Security Administration removed his shoes when going through airport security. You bet I asked, says Randy Maniloff of White and Williams LLP.

  • Hurdles To Consider When Securing A Personnel File

    Michael Errera

    Attorneys should follow seven key points to ensure that their discovery requests and pleadings are appropriately prepared to overcome common hurdles that may be encountered when requesting production of a personnel file, say Michael Errera and Paul Ferland of Foran Glennon Palandech Ponzi & Rudloff PC.

  • Series

    Judging A Book: Gilstrap Reviews 'Alexander Hamilton'

    Judge Rodney Gilstrap

    While Alexander Hamilton is the subject of a hit Broadway musical and renewed biographical examinations, professor Kate Brown takes us down a road less traveled in her book "Alexander Hamilton and the Development of American Law" — showing Hamilton as first, last and foremost an American lawyer, says U.S. District Judge Rodney Gilstrap of the Eastern District of Texas.

  • The Case For Creating A Mediation Department At Your Firm

    Dennis Klein

    There are at least four reasons supporting the need for some form of a mediation group within a law firm, especially in firms with larger practices, according to Dennis Klein, owner of Critical Matter Mediation and former litigation partner at Hughes Hubbard & Reed LLP.

  • Core Functions And Cooperative Federalism At The EPA

    Dan Jordanger

    The U.S. Environmental Protection Agency’s recently released draft strategic plan for 2018-2022 starkly narrows the items on which the EPA will focus its resources and turns the agency’s back on many objectives contained in the previous plan — things that the Trump administration and Administrator Scott Pruitt believe should not be done at all, says Dan Jordanger of Hunton & Williams LLP.