Native American

  • July 7, 2017

    Zinke Appoints Deputy Assistant Secretary For Indian Affairs

    U.S. Interior Secretary Ryan Zinke announced Thursday the appointment of a Choctaw Nation of Oklahoma citizen with an extensive background in tribal finance as deputy assistant secretary for policy and economic development at the Bureau of Indian Affairs.

  • July 7, 2017

    Mich. Can't Deny Aid To Schools With Native Logos, AG Says

    The attorney general of Michigan has said that a state education official has no legal authority to hold back state funding for schools that continue to feature Native American-themed mascots or logos, despite efforts in the state to curb their use.

  • July 7, 2017

    The Biggest Sports Rulings Of The 1st Half Of 2017

    From a U.S. Supreme Court decision that will save the Washington Redskins' trademark registration to the dismissal of a lawsuit alleging NFL teams improperly handed out painkillers to players without regard to potential long-term risks, 2017 has already been a busy year for litigation surrounding the sports industry. Here, Law360 takes a look back at some of the biggest court rulings in sports so far this year.

  • July 6, 2017

    Wash. Tribe, Army Corps Reach Deal On Superfund Cleanup

    The Confederated Tribes and Bands of the Yakama Nation and the U.S. Army Corps of Engineers told an Oregon federal judge Wednesday that they had reached a deal that would settle litigation over cleanup costs at a Superfund site and set a schedule for the government to pay for future work.

  • July 6, 2017

    Tribal Exec. Gets Prison For $415K Embezzlement Scheme

    A former executive board member of a tribe in South Dakota has been sentenced to 20 months in prison for helping embezzle more than $415,000 from his tribal organization, federal prosecutors announced Wednesday.

  • July 6, 2017

    Feds Say Casino Row Shouldn't Be Sent Back To State Court

    The federal government urged the Ninth Circuit on Wednesday to cement a decision that rejected a citizen group’s bid to send back to state court a dispute over the Santa Ynez Band of Chumash Mission Indians' use of a piece of land for a casino expansion.

  • July 6, 2017

    Calif. Tribe Has No Federal Groundwater Right, Justices Told

    Two California water agencies urged the U.S. Supreme Court on Wednesday to overturn a Ninth Circuit ruling that the Agua Caliente Band of Cahuilla Indians’ federal water rights extend to groundwater in the Coachella Valley, saying the decision would frustrate state and local governments’ own efforts to manage scarce water resources.

  • July 6, 2017

    Alaska Native Co. Withholding Docs In FCA Suit, Court Told

    A would-be whistleblower pursuing a False Claims Act suit alleging an Alaska Native corporation abused a Small Business Administration contracting program for disadvantaged groups through sham subsidiaries pressed an Alaska federal judge Wednesday to make the company cough up documents he says will help his case.

  • July 6, 2017

    Calif. Tribe Makes Final Plea To DC Circ. Over Rival Casino

    The Picayune Rancheria of the Chukchansi Indians on Wednesday again urged the D.C. Circuit to toss a lower court's ruling that backed the U.S. Department of the Interior’s approval of a separate California tribe’s proposed casino, arguing the DOI’s interpretation of land regulations is “capricious” and invalid under California law.

  • July 5, 2017

    Navajo Labor Forum OK With Waiting In Schools Case

    Members of the Navajo Nation Labor Commission say they don't oppose a bid by two Arizona public school districts to put on hold a Ninth Circuit decision that allows district employees to bring claims before the commission.

  • July 5, 2017

    Justice Stevens On Gorsuch And Sticking With The Cubs

    Justice John Paul Stevens discusses Justice Neil Gorsuch, the pitfalls of originalism, and his beloved Chicago Cubs, in the second article based on Law360’s exclusive interview with the legendary jurist.

  • July 5, 2017

    Fla. Drops 11th Circ. Appeal In Tribal Card Games Dispute

    The state of Florida dropped its Eleventh Circuit appeal Wednesday of a ruling that the Seminole Tribe of Florida can continue to offer card games such as blackjack for the remainder of a gambling deal it inked with the state.

  • July 5, 2017

    Wis. Tribe Withholds Revenue Over Rival's Casino Project

    The Stockbridge-Munsee Community let a June 30 revenue-sharing payment deadline pass in the wake of the tribe's fight to prevent a competing Ho-Chunk Nation casino from expanding, state and Stockbridge-Munsee representatives told Law360 on Wednesday.

  • July 5, 2017

    City Drops High Court Challenge To Gorsuch-Penned Decision

    The U.S. Supreme Court granted a Utah city’s request to dismiss its petition challenging a ruling authored by then-Tenth Circuit Judge Neil Gorsuch which overturned a lower court's decision in a Native American tribe’s lawsuit over its reservation boundaries.

  • July 5, 2017

    Navajo President Signs Off On New Arizona Coal Plant Lease

    Arizona’s coal-fired Navajo Generating Station is another step closer to staying open through 2019 after the president of the Navajo Nation and the facility’s owners signed a lease extension that will make the Navajo an “energy tribe.”

  • July 5, 2017

    Tribes Want Feds Not To Delist Yellowstone Grizzly Bears

    The Crow Indian, Crow Creek Sioux and Standing Rock Sioux tribes have launched a lawsuit attempting to block the federal government from moving forward with its plan to remove Endangered Species Act protections for the Yellowstone population of the grizzly bear, on religious freedom grounds.

  • July 3, 2017

    Justice Stevens On Playing Politics With The High Court

    Justice John Paul Stevens discusses Merrick Garland, President Donald Trump, and how the Supreme Court has changed over the past few decades, in the first of two articles based on Law360’s interview with the 97-year-old retiree. This is part of an ongoing series of exclusive Law360 interviews with current and former Supreme Court justices.

  • July 3, 2017

    9th Circ. Urged To Halt Off-Reservation Casino Plans

    A group of citizens has asked the Ninth Circuit to reverse a lower court victory for the federal government that greenlighted a tribe’s proposed casino hotel in Yuba County, California, saying the U.S. Department of the Interior has no concrete plans to mitigate the environmental impacts of the project.

  • July 3, 2017

    10th Circ. Says New Oil Lease Approvals Moot Appeal

    A Tenth Circuit panel has instructed a district court to vacate an order voiding the federal approval of oil and gas leases and drilling permits challenged in a National Environmental Policy Act suit, saying the federal government has retroactively approved the leases based on a new NEPA analysis.

  • July 3, 2017

    Tribes Tell 9th Circ. To Uphold $8.25M Pollution Award

    A confederated tribal nation pressed the Ninth Circuit to uphold a more than $8.25 million award for past costs spent responding to pollutants that a Canadian mining company dumped into the Columbia River.

Expert Analysis

  • Trump Budget Proposal Leaves Tribes On Their Own

    Larry Roberts

    Despite acknowledging what's important to the health and welfare of tribal nations, President Donald Trump's proposed $303 million cut from tribal funding essentially tells tribes that treaty and trust responsibilities do not matter to him. Tribes will need to turn to the courts and Congress for justice, says Lawrence Roberts of Kilpatrick Townsend & Stockton LLP.

  • Tips For Complying With ABA’s New Encryption Guidance

    Nick Holda

    Last month, the American Bar Association published revised guidance regarding an attorney’s duty to protect sensitive client material in light of recent high-profile hacks. The first step in compliance is understanding how your data is being stored and accessed. There are three key questions you should ask your firm’s information technology staff and/or external solution vendors, says Nick Holda of PreVeil.

  • Weekly Column

    Innovating For Wise Juries: Preliminary Instructions

    Richard Lorren Jolly

    One of the easiest ways to improve civil jury trials is to give juries substantive instructions on the law at the beginning of the trial rather than at its conclusion. It is also one of the most popular proposals we are recommending, say Stephen Susman, Richard Lorren Jolly and Dr. Roy Futterman of the NYU School of Law Civil Jury Project.

  • Due Diligence From The Lateral Partner’s Perspective

    Howard Flack

    Lateral candidates looking to make the last — or perhaps only — move of their career cannot afford to just stand by and let a law firm’s vetting process unfold on its own, says Howard Flack, a partner at Volta Talent Strategies who previously led lateral partner recruiting and integration at Hogan Lovells.

  • Lateral Partner Due Diligence: Where Should A Firm Begin?

    Howard Flack

    One frequently hears from leading malpractice insurers that one of the highest risk categories for law firms is that of lateral partners not sufficiently vetted during the recruitment process, says Howard Flack, a partner at Volta Talent Strategies Inc. who previously led lateral partner recruiting and integration at Hogan Lovells.

  • Weekly Column

    Innovating For Wise Juries: Setting Trial Time Limits

    Stephen Susman

    This is the second in a series of articles discussing ideas proposed by the NYU School of Law Civil Jury Project to resuscitate the American jury trial. In this article, Stephen Susman, Richard Lorren Jolly and Dr. Roy Futterman argue for setting early and strict time limits in civil jury trials.

  • Trump's Monuments Order Won't Benefit Tribal Economies

    Hillary Hoffmann

    President Donald Trump's executive order mandating the review of national monuments with the goal of opening public lands to mineral development could provide some economic benefits, but history has shown that most mineral development booms are followed by inevitable busts, says professor Hillary Hoffmann of Vermont Law School.

  • Opinion

    Big Business Lobby Tries To Hobble Litigation Finance, Again

    Allison Chock

    In its most recent petition advocating mandatory disclosure of litigation finance, the U.S. Chamber of Commerce simply rehashes the same arguments from its previous failed efforts to convince the Committee on Rules of Practice and Procedure of the dire implications of undisclosed funding relationships, say members of IMF Bentham Ltd.

  • Series

    The Return Of Attorney-Conducted Voir Dire

    Stephen Susman

    If we truly believe in providing litigants with a jury of one’s peers, we must adopt strategies to ensure that parties and their representatives have a say in selecting their jury. When only judges participate, the result is a less representative and less fair cross section of the community, say Stephen Susman, Richard Jolly and Roy Futterman of NYU School of Law's Civil Jury Project.

  • Monthly Column

    Gray Matters: Identities Are Us


    Lawyers faced with clients who can’t or won’t listen to their advice must consider that the core of this risky decision may be a person's inability or refusal to relinquish a prime identity in times of uncertainty, say dispute resolution experts Robert Creo and Selina Shultz.