Native American

  • January 10, 2017

    Tribal Hospital Beats Negligence Suit Over Man's Death

    A South Dakota federal judge on Monday granted the United States’ bid for a quick win in litigation contending that Rosebud Indian Health Services provided negligent medical care to a 24-year-old man, leading to his death, holding that his parents haven’t provided any expert opinions to support their claims.

  • January 9, 2017

    The Firms That Dominated In 2016

    Law360's Firms of the Year rose above the competition in 2016 by earning a combined 20 Practice Group of the Year awards on the strength of work that helped their clients attain game-changing judgments and close record deals.

  • January 9, 2017

    Justices Probe Tribal Immunity In Mohegan Limo Crash Suit

    Several justices of the U.S. Supreme Court showed concern on Monday about how much protection against litigation can be claimed by tribes and their employees, as the justices weigh whether the driver of a Mohegan Tribe-owned limousine must face a tort suit over an off-reservation car accident.

  • January 9, 2017

    Congressman To Try Again With Grand Canyon National Bill

    A bill to permanently protect an area near the Grand Canyon — which includes sacred Native American cultural sites and ecologically sensitive regions — from new uranium mining was reintroduced by U.S. Rep. Raul Grijalva, D-Ariz., on Friday, who expressed “profound disappointment” in the Obama administration’s decision not to establish a national monument there. 

  • January 9, 2017

    Atty Group Says Navajo Casino Tort Suit Belongs In NM Court

    The New Mexico Trial Lawyers Association chimed in Monday to support a couple bringing negligence claims over a slip-and-fall accident at a Navajo Nation casino, urging the Tenth Circuit to cement a lower court rejection of the tribe’s bid to block their suit.

  • January 9, 2017

    Corps, Standing Rock Say Dakota Access Lacks Permission

    The U.S. Army Corps of Engineers and the Standing Rock Sioux Tribe asked a D.C. federal court on Friday to nix the company behind the Dakota Access pipeline's claim that it has already received the necessary permission to complete construction under Lake Oahe in North Dakota.

  • January 9, 2017

    Law360 Names Practice Groups Of The Year

    Law360 congratulates the winners of its 2016 Practice Group of the Year awards, the law firms that racked up victories in litigation and closed the big deals to make their mark among clients and throughout the legal industry.

  • January 9, 2017

    Justices Won't Hear Michigan Tribe's DOI Recognition Appeal

    The U.S. Supreme Court on Monday rejected a bid by a Michigan-based Native American tribe to review a D.C. Circuit decision that the tribe can’t reorganize until it has asked the U.S. Department of the Interior for recognition.

  • January 6, 2017

    Fla. Tribe's Appeal Argues Conflict In Fuel Tax Ruling

    The Seminole Tribe of Florida asked the Florida Supreme Court Friday to reinstate a challenge to the state’s imposition of taxes for fuel used on tribal lands for governmental purposes, saying an appeals court wrongly found its case was identical to one previously decided in state court.

  • January 6, 2017

    Hoeven, Udall Elected To Top Spots On Senate Indian Panel

    Sen. John Hoeven, R-N.D., and Sen. Tom Udall, D-N.M., pledged to work across the aisle to support legislation benefiting Native Americans after they were elected Thursday as the new chairman and vice chairman, respectively, of the Senate Committee on Indian Affairs.

  • January 6, 2017

    Wis. Tribe Council Votes To Remove Enbridge Pipeline

    The Bad River Band of Lake Superior Tribe’s council has passed a resolution asking that an existing oil pipeline be removed from its reservation and has declined to renew its interests in the pipeline's grants of easement for right of way, the tribe said Thursday.

  • January 6, 2017

    Dakota Access Looks To Shake ND Board's Delay Allegations

    Dakota Access LLC continued to press the North Dakota Public Service Commission on Thursday to toss accusations that it failed to immediately notify the commission about the discovery of a cultural site during work on its controversial pipeline, calling the incident an accident and the allegations unsuccessful.

  • January 6, 2017

    EPA Finds Water Quality Back To Pre-Gold King Spill Levels

    The U.S. Environmental Protection Agency said Friday that an extensive analysis of the 2015 Gold King Mine spill, which was triggered by an EPA cleanup crew, backed the agency's contention that water quality in the rivers affected by the accident had returned to normal.

  • January 6, 2017

    3 Ex-Paskenta Officials Indicted On Embezzlement Charges

    Three former Paskenta Band of Nomlaki Indians officials were hit with a 69-count indictment in California federal court on Thursday accusing them of embezzling at least $6 million in tribal funds, making false statements to federal agents and either filing inaccurate tax returns or failing to file any at all.

  • January 6, 2017

    DOE Condoned Racial Slurs, 'Redskins' Imagery, Worker Says

    A U.S. Department of Energy employee and tribe member charged with raising sensitivity to Native American issues hit the agency’s secretary, Ernest Moniz, with a complaint Thursday in D.C. federal court, alleging DOE leaders retaliated against her for complaining about the use of racial slurs and imagery in the workplace, including on Washington Redskins merchandise.

  • January 6, 2017

    5 Insights From General Electric's Alex Dimitrief

    “Data sovereignty” is a recent trend with important consequences for GE’s future as a digital industrial company. The technical challenges alone are immense. But compounding those challenges are the growing number of countries considering laws that would impede the flow of data across national borders, says Alex Dimitrief, general counsel of General Electric Co.

  • January 5, 2017

    Wash., County Can't Dodge Tulalip Tribes' Biz Tax Dispute

    A federal judge on Thursday largely rejected the state of Washington and Snohomish County’s bid for a quick win in a lawsuit in which the Tulalip Tribes are challenging taxes imposed by the state and county on non-Native American businesses and their patrons at a village on reservation lands.

  • January 5, 2017

    BIA Wrongly Disenrolled Calif. Tribe Members, Justices Told

    An extended family of former members of a California tribe have urged the U.S. Supreme Court to overturn a Ninth Circuit ruling that backed their removal from the tribe, claiming the lower court approved a Bureau of Indian Affairs decision that illegally reversed an earlier agency ruling definitively affirming their status as tribe members.

  • January 5, 2017

    SD Tribe Members Can't Get Fees In Voter Discrimination Suit

    A federal judge on Wednesday rejected a bid for attorneys’ fees by Oglala Sioux Tribe members who recently saw their lawsuit seeking to force a South Dakota county to open a satellite office for voter registration and absentee voting on the tribe’s reservation dismissed.

  • January 5, 2017

    Calif.'s Suit Over Tribe's Illegal Bingo Site Put To Rest

    A federal judge tossed the state of California’s breach of gaming compact claim against the Iipay Nation of Santa Ysabel on Wednesday, ending a dispute over the tribe’s shuttered online bingo website, which was recently found to have flouted federal law.

Expert Analysis

  • Lawyer EQ: Finding Success In Every Interaction

    Judith Gordon

    American legal education relies almost exclusively on analytical thinking. But success in legal practice depends in large part upon an accurate emotional understanding of oneself and the human seated opposite us. Honing emotional intelligence skills can lead to greater success, and Judith Gordon of LeaderEsQ offers a few tools that can be implemented immediately to raise one’s emotional intelligence quotient.

  • Managing Intergenerational Differences Within Your Law Firm

    Najmeh Mahmoudjafari

    We are privileged to be part of an employment market that hosts employees from various generations. While “differences” may imply inherent conflict, intergenerational differences can actually be used to an advantage for organizations — especially law firms, say Najmeh Mahmoudjafari, founder of ImmigraTrust Law, and William Martucci of Shook Hardy & Bacon LLP.

  • Philip Hirschkop: Quietly Making Noise For 50 Years

    Randy Maniloff

    The first paragraph of Philip Hirschkop’s obituary is going to contain the word "Loving." That’s undeniable. But many of Hirschkop’s other cases are just as groundbreaking in their own right. They aren’t household names like Loving, but they have affected millions in the nation’s households, says Randy Maniloff of White and Williams LLP.

  • The Ethical Risks Of A Multijurisdictional Practice

    Melinda Gentile

    As law firms and clients conduct more business on a regional or national scale, multijurisdictional practice is becoming more prevalent for practicing attorneys. Attorneys engaged in both private practice and as in-house counsel need to be aware of the ethical risks of practicing across jurisdictions — including the implications of engaging in the unauthorized practice of law, say Melinda Gentile and Monique Cardenas of Peckar & Abramson PC.

  • How Law Firms Are Using Analytics To Reduce Write-Offs

    Haley Altman

    It is increasingly necessary for law firms to implement strategies to improve efficiency, staffing and value to meet client needs. Haley Altman, CEO and co-founder of Doxly Inc., discusses how to successfully leverage analytical tools and emerging technology to increase profitability.

  • OPINION: Time To Recognize Standing Rock's Significance

    Ezra Rosser

    In his second inaugural address, President Obama stated that the most evident of truths, that all people are created equal, guided the United States through Seneca Falls, Selma and Stonewall. We are in a moment that calls for recognition of Standing Rock as a fourth location in this list, says Ezra Rosser, professor of law at American University Washington College of Law.

  • REVIEW: The Missing American Jury

    Judge William Young

    Face it, the American jury system is dying. The arguments Professor Suja Thomas makes in her new book deserve consideration by everyone interested in how our government actually works and how it might recapture the unifying communitarian experience of direct democracy and actual trial by one’s peers, says U.S. District Court Judge William Young of the District of Massachusetts.

  • What History Tells Us About Obama's Antiquities Act Legacy

    John Freemuth

    As the end of the Obama administration approaches there is renewed attention on President Barack Obama's use of the Antiquities Act of 1906. While almost every U.S. president has used his authority under this act to create new national monuments, its use has fueled tensions between the federal government and states over land control, say John Freemuth and Mackenzie Case of Boise State University.

  • Avoiding Law Firm BYOD Risks: Tips For Securing Devices

    Everett Monroe

    Many believe that the solutions to the security problems created by using smartphones for work are primarily technological, but a much larger piece of the puzzle involves the human factor. To achieve reasonable security around mobile devices, law firms must go back to basics — clear policies, effective training and thoughtful oversight, says Everett Monroe of Hanson Bridgett LLP.

  • 4 Ways Lawyers Can Improve Their Marketing

    Mike Mellor

    Attorneys may not realize the breadth of services that their marketing, design and library teams offer. One of the things I like to do when attorneys start at our firm is give them a download of the kinds of problems we can solve for them so they know how to work with us most effectively, says Mike Mellor, director of marketing at Pryor Cashman LLP.