Native American

  • July 31, 2017

    Enviros Seek To Block NM Shale Drilling Permits

    Environmental groups continued to push a federal court Friday to hand them a quick win in their lawsuit challenging the U.S. Bureau of Land Management’s green light for more than 350 permits to drill in New Mexico’s Mancos Shale formation by undoing the approvals and blocking further drilling in the area.

  • July 31, 2017

    Health Vote Threat Could Undercut DOI Actions In Alaska

    Reports that U.S. Interior Secretary Ryan Zinke last week threatened Alaska’s senators with retaliatory action if Sen. Lisa Murkowski held firm against Republican health care legislation could come back to bite the Trump administration if its legal justifications for any new rulemakings or permit decisions involving Alaska aren’t rock-solid, experts say.

  • July 31, 2017

    NIGC Asks Judge To Rethink Ruling In Tribe's Gambling Suit

    The National Indian Gaming Commission on Friday urged a D.C. federal judge to dismiss several claims from a suit over the government’s rejection of the Fort Sill Apache Tribe’s gambling bid, contending that the judge had wrongly changed course by ruling that an NIGC letter could be challenged in court.

  • July 31, 2017

    NM Tribe Seeks Halt Of 10th Circ.'s DOI Gambling Reg Ruling

    The Pueblo of Pojoaque on Friday requested that the Tenth Circuit halt its ruling that the head of the U.S. Department of the Interior lacks the authority to approve procedures allowing the tribe to continue its casino operations in New Mexico in the absence of a state gambling compact.

  • July 31, 2017

    Native Farmer's USDA Witness Interference Claims Tossed

    A Court of Federal Claims judge on Friday nixed a tribe member’s lawsuit contending that the U.S. Department of Agriculture breached a settlement resolving claims of alleged discrimination in its farm loan program by preventing Bureau of Indian Affairs employees from backing his claim for a cut of the deal.

  • July 31, 2017

    Native Group Joins Fight To End Sports Gambling Ban

    Native American gambling advocates joined the fight against the federal prohibition on sports gambling as the National Indian Gaming Association on Monday joined the ranks of a coalition spearheaded by the American Gaming Association aiming to undo the ban. 

  • July 28, 2017

    10th Circ. Border Battle May Diminish Tribes' High Court Win

    The U.S. Supreme Court’s decision last year that a 19th century law did not diminish a Nebraska tribe's reservation seemed to solidify that the court’s text-centered approach to such cases favors tribes, but a legal battle now playing out at the Tenth Circuit shows that tribes still can't bank on victory in suits that turn on where a reservation's boundaries lie.

  • July 28, 2017

    Reps Again Float Bill To Curb Suicide In Indian Country

    A pair of Western congressmen announced the reintroduction of a bipartisan bill Friday that seeks to curb “alarming” suicide rates among Native Americans.

  • July 28, 2017

    Wrestler Hits Van Morrison, Universal With IP Suit

    Retired Canadian professional wrestler Billy Two Rivers hit renowned singer-songwriter Van Morrison and Universal Music Group Inc. with a suit in New York federal court Thursday, alleging Van Morrison’s 37th studio album “Roll With the Punches” misappropriates the wrestler's image and likeness.

  • July 28, 2017

    Calif. Tribe Ducks $21M Casino Management Suit

    A California federal judge on Thursday tossed a casino management company’s suit alleging it lost $21 million because the Picayune Rancheria of Chukchansi Indians didn’t follow through on a management contract for the tribe’s casino, finding the court doesn’t have jurisdiction to hear the claims.

  • July 28, 2017

    Pala Casino Unveils $170M Expansion In San Diego

    The Pala Band of Mission Indians on Thursday unveiled a $170 million project to finish renovating and expand its Pala Casino Spa and Resort in San Diego, adding an additional 12,000 square feet of casino space to the tribe’s gaming business.

  • July 28, 2017

    Enviro, Tribal Groups Seek Win In Methane Rule Delay Row

    A coalition of environmental and tribal groups urged a California federal court on Thursday to hold that Interior Secretary Ryan Zinke exceeded his authority by delaying an Obama-era rule aimed at limiting the release of methane from drilling operations on federal and Native American lands.

  • July 27, 2017

    Tribe Owes Bank $1M In Atty Fees In Embezzlement Suit

    A California federal judge held Thursday that the Paskenta Band of Nomlaki Indians must pay more than $1 million in attorneys’ fees to a bank it accused of helping former tribal leaders carry out a wide-reaching, multimillion-dollar embezzlement scheme.

  • July 27, 2017

    DOI Rebuffs MIch. Tribe's Land-Into-Trust Bid For Casino

    The U.S. Department of the Interior has denied a Michigan tribe’s bid to have the government take land into trust for a casino project in downtown Lansing, Michigan, saying that the tribe hadn’t met the requirements to trigger the mandatory land-into-trust provisions of a federal law, according to a tribal statement on Wednesday.

  • July 27, 2017

    Seneca Nation's Health Funding Suit Is Paused For Deal Talks

    The U.S. Department of Health and Human Services and the Seneca Nation on Thursday saw a D.C. federal judge pause proceedings in the tribe’s suit seeking millions of dollars in annual federal funding for tribe-administered health programs after the parties asked for more time to finalize the settlement they’ve been working on.

  • July 27, 2017

    Tribes, Energy Groups Spar Over Dakota Access Case Input

    Industry groups on Wednesday defended their bid to weigh in on whether approval of the Dakota Access crude oil pipeline should be maintained while the U.S. Army Corps of Engineers redoes part of an environmental review, telling a D.C. federal judge that a decision could have economywide implications.

  • July 27, 2017

    Canada Top Court Says Gov't Consulted One Tribe, Not Other

    The Supreme Court of Canada on Wednesday found that while an indigenous community challenging an Enbridge pipeline modification project had been properly consulted, another indigenous community fighting offshore seismic testing for oil and gas exploration had not.

  • July 27, 2017

    Petronas Pulls Plug On $28B Canadian LNG Project

    Malaysian state-owned oil company Petronas on Wednesday said it is backing out of a $28 billion liquefied natural gas project in British Columbia, blaming depressed energy prices and other market shifts.

  • July 26, 2017

    Montana Federal Judge Lets Wyoming Into Coal Leasing Case

    A Montana federal judge on Tuesday granted Wyoming’s request to take part in a case challenging U.S. Department of the Interior Secretary Ryan Zinke’s decision to lift the moratorium on the federal coal leasing program, saying that Wyoming had a compelling and unique reason to take part in the suit.

  • July 26, 2017

    Wash. Groups Urge Justices To Hear Tribal Treaty Tax Case

    A petroleum alliance and a business organization have backed a request that the U.S. Supreme Court review Washington state's top court’s ruling that a tribal wholesale fuel distribution company is exempt from paying taxes on fuel brought to the Yakama Indian Reservation from Oregon under a treaty between the federal government and the tribe.

Expert Analysis

  • 5 Questions To Ask Firm Before Accepting A Litigation AFA

    Gregory Lantier

    Outside counsel experienced with alternative fee arrangements will have many war stories regarding successful — and less successful — fee arrangements. Asking outside counsel to share these experiences can provide useful insight into the strength of a proposed AFA, say attorneys with WilmerHale.

  • Opinion

    Why You Should Argue Your Appeal

    Stewart Milch

    Conventional wisdom says that oral argument is a mere formality; that in courts where judges read briefs in advance, their minds are made up and will rarely — if ever — change. But conventional wisdom notwithstanding, oral argument can be critical, says Stewart Milch of Goldberg Segalla LLP.

  • 6 Ways Teaching A Law School Class Can Benefit Lawyers

    Steven Allison

    Though teaching a law school class may be one of the last things on a busy practitioner's to-do list, it's a misconception that teaching will benefit only those who are looking to leave the practice of law and enter academia. It also offers several practical benefits, especially for more junior lawyers looking for stand-up experience, say Steven Allison and Samrah Mahmoud of Crowell & Moring LLP.

  • The Potential Reach Of High Court's New Slant On Trademarks

    Roberta Jacobs-Meadway

    The U.S. Supreme Court's Matal v. Tam decision resolves the question of whether disparaging marks may be registered, and sparks a secondary question: What is the impact on state trademark statutes and corporate filing requirements with provisions that curb registration of disparaging or scandalous or tarnishing terms? say Roberta Jacobs-Meadway and Tyler Harttraft of Eckert Seamans Cherin & Mellott LLC.

  • Weekly Column

    Innovating For Wise Juries: Openings Before Voir Dire

    Richard Lorren Jolly

    This week’s idea for improving civil jury trials is remarkably simple: Allow counsel to provide complete opening statements to the entire venire before voir dire begins instead of after the jury is impaneled, say Stephen Susman, Richard Lorren Jolly and Dr. Roy Futterman of the NYU School of Law Civil Jury Project.

  • 5 Questions To Ask Client Before Proposing A Litigation AFA

    Gregory Lantier

    The first step in assembling an intelligent response to a request for an alternative fee arrangement is for outside counsel to be certain they understand the primary reasons that the client is making the request, say attorneys with WilmerHale.

  • Tread Carefully After High Court Offensive-Trademark Ruling

    Daniel Alvarez Sox

    The U.S. Supreme Court's recent decision in Matal v. Tam makes it possible to trademark a racial slur but doesn't eliminate the consequences. The court of public opinion will assume the jurisdiction that the U.S. Patent and Trademark Office lost, says Daniel Alvarez Sox of Rivero Mestre LLP.

  • 3 Key Areas Legal Operations Teams Should Focus On

    Jaime Woltjen

    These days, legal operations directors can easily get stretched too thin between responsibilities like overseeing support staff and taking on office management responsibilities. Legal operations teams should focus their time and effort on outside counsel management, technology planning and analytics, says Jaime Woltjen of Stout Risius Ross LLC.

  • Recap

    What The Experts Said About High Court Rulings This Term

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    With the U.S. Supreme Court term now concluded, we take a look back at some first impressions from the experts when the most impactful decisions for corporate law were handed down.

  • Opinion

    The Future Of Law And The Demise Of The Midsize Firm

    Fredric Newman

    Since 1980, there has been a systemic supersizing of business enterprises, the growth of sovereign wealth, and the emergence of international businesses. The pressure this has put on national and regional law firms to go global or go home is enormous, says Fredric Newman, a founding partner of Hoguet Newman Regal & Kenney LLP.