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Native American

  • June 6, 2018

    Tribal Hunting Rights Case Primed For Review, Justices Told

    A Crow tribe member who is battling Wyoming over his conviction for illegal hunting on federal land urged the U.S. Supreme Court on Wednesday to take up the federal government’s invitation to review the case, swapping blows with the state over whether granting review would wrongly unsettle an earlier federal court ruling on the tribe's treaty rights.

  • June 6, 2018

    NLRB Regional Director Nixes Tribal Teachers Union Petition

    A National Labor Relations Board regional director on Tuesday dismissed a petition that sought recognition for a teachers union at the Quileute Tribal School in Washington state, saying the employer was performing a "unique tribal government function."

  • June 6, 2018

    Jailed Racer's Ferrari Allowed To Be Sold In $1.3B FTC Case

    A court-appointed monitor has gotten the go-ahead to sell imprisoned ex-race car driver Scott Tucker's special edition Ferrari to help satisfy the Federal Trade Commission's $1.3 billion judgment against him for running tribe-affiliated predatory lending companies.

  • June 5, 2018

    Hard Hit By Opioids, Tribes To Get Own Track Within MDL

    Native American tribes are on their way to having their own track within the ever-growing multidistrict litigation over the opioid epidemic in Ohio federal court, according to an order Monday from the federal judge overseeing the case.

  • June 5, 2018

    Tribal Court Rulings Irrelevant In Casino Row, 9th Circ. Says

    The Ninth Circuit on Tuesday nixed a Picayune Rancheria of Chukchansi Indians faction's appeal of an injunction ignited by a dispute at the Chukchansi Gold Resort & Casino in California, finding that tribal court rulings the faction referenced weren't relevant to what was before the lower court.

  • June 5, 2018

    Harm Of Trump's '2-For-1' Order Is Clear, Challengers Say

    Public interest groups asked a D.C. federal court Monday to agree that they had standing to challenge President Donald Trump's executive order that two federal regulations have to be repealed for each new one, citing several examples they said showed the policy's harm and arbitrary nature.

  • June 5, 2018

    DC Circ. Won't Rethink Colorado Superfund Site Ruling

    The D.C. Circuit on Monday said it won't rethink its recent decision backing the U.S. Environmental Protection Agency's addition of the entire Bonita Peak Mining District in Colorado to the federal Superfund list, rejecting a request by mining company Sunnyside Gold Corp. to do so.

  • June 5, 2018

    10th Circ. Greenlights Appeal Of Methane Rule's Stay

    The Tenth Circuit said Monday that California, New Mexico and several conservation groups may continue their appeal of a Wyoming federal judge’s stay of the implementation of an Obama-era rule that would put restrictions on natural gas wells on public and tribal lands.

  • June 4, 2018

    11th Circ. Upholds Tax Ruling Against Fla. Tribe Member

    The Eleventh Circuit on Monday upheld a Florida district court ruling that a Miccosukee Tribe of Indians member owes taxes on tribal payments the federal government contended were improperly derived from casino revenue, potentially putting many more tribe members on the hook for back taxes.

  • June 4, 2018

    Fed. Circ. Weighs Immunity From IPR In Tribal IP Transfer

    A Federal Circuit panel Monday grilled attorneys for the St. Regis Mohawk Tribe, the federal government and a group of pharmaceutical companies over whether patents transferred to tribal nations are shielded from inter partes review by sovereign immunity.

  • June 4, 2018

    High Court's Narrow Ruling Leaves Water Law Questions Open

    The U.S. Supreme Court on Monday issued a criminal sentencing ruling that sidestepped a larger issue of how fragmented 4-1-4 decisions should be interpreted by lower courts — something environmental attorneys had been watching for its importance to the ongoing battle over the Clean Water Act's reach.

  • June 4, 2018

    Tribe Urges Justices To Restore $27M Tax Arbitration Win

    The invalidity of one clause should not negate an entire arbitration agreement, especially since federal policy strongly encourages enforcing arbitration, an Oklahoma tribe recently told the U.S. Supreme Court in a bid to restore a $27 million arbitration victory against Oklahoma involving alcohol sales tax exemption.

  • June 4, 2018

    Tribes Denied In Bid To Stop Crab Fishery Plan In Wash.

    A Washington federal judge on Friday denied bids from various tribes for a temporary restraining order barring the Lummi Nation from carrying out a crab fishery plan in an area of water that encompasses Skagit Bay, saying that the Lummi has already said it doesn't have any plans to actually fish the waters.

  • June 4, 2018

    Alaska Tribe, Enviros Seek Quick Win In BLM Mining Suit

    An Alaskan tribe and three conservation groups on Friday urged a federal court to grant them summary judgment in their challenge to U.S. Bureau of Land Management decisions allowing a mining exploration project to go forward, saying the agency wasn’t allowed to put off environmental analysis required under federal law.

  • June 4, 2018

    Tribe Wants SD Kept From Collecting Tax On Contractor

    The Flandreau Santee Sioux tribe on Monday urged a South Dakota federal judge to bar the state from collecting an excise tax on a contractor working on a tribal casino while the tribe's tax dispute with state officials plays out in court.

  • June 1, 2018

    Tribal Immunity At The Fed. Circ.: What You Need To Know

    The Federal Circuit will hear arguments Monday on whether tribal sovereign immunity can insulate patents from review at the Patent Trial and Appeal Board, wading into an issue one judge has suggested could spell the end of the review proceedings.

  • June 1, 2018

    FCC's Small Cell Review Exemptions Pass Muster, GAO Says

    The Government Accountability Office has signed off on a recent Federal Communications Commission rule exempting small cell fixtures, necessary for building up next-generation or 5G networks, from environmental and historic reviews.

  • June 1, 2018

    US, Mining Co. Say Tribe's Wetlands Suit Doesn't Hold Water

    The federal government and a mining company each pressed a Wisconsin federal judge on Friday to toss a tribe's challenge to the state of Michigan’s authority to review the company’s wetlands permit application, arguing the tribe hasn’t pointed to a specific duty the federal government had to perform under the Clean Water Act.

  • June 1, 2018

    Navajo Can't Take Part In Indian Child Welfare Act Challenge

    A Texas federal judge on Friday declined the Navajo Nation's request to intervene in a suit brought by Texas and some foster families challenging the Indian Child Welfare Act, deciding that the tribe's interests were already represented by other tribes and the federal government.

  • June 1, 2018

    BIA Met Secretly With Energy Cos. To Break Lease: Developer

    Oil and gas developer Prima Exploration Inc. has hit the Bureau of Indian Affairs and two rival developers with a suit in North Dakota federal court, alleging the agency worked secretly with the companies to end Prima’s lease on land within the Fort Berthold Reservation and let the other companies develop the land instead.

Expert Analysis

  • Spending Bill Includes Unique Path To Conservation Goals

    John Andrews

    Buried deep inside the recently passed Consolidated Appropriations Act, legislation reviving the formerly expired Federal Land Transaction Facilitation Act offers opportunities for potential purchasers of federal public lands, while also creating a source of funding for important conservation transactions, says John Andrews of Snell & Wilmer LLP.

  • 5 Ways Law Firms Are Becoming More Like Hotels

    Bella Schiro

    One way law firms differentiate themselves from the competition to attract and retain top talent is through their real estate and workplace strategies. Taking a lead from the hospitality industry can help create a more inviting, welcoming and collaborative workspace environment, says Bella Schiro of Jones Lang LaSalle Inc.

  • Opinion

    Gorsuch's 1st Year Shows He Is A Conservative Activist

    Elliot Mincberg

    In his first year on the U.S. Supreme Court, Justice Neil Gorsuch has proven to be a narrow-minded elitist who consistently votes in favor of corporations and the powerful, acting to roll back protections for workers, consumers, LGBTQ individuals and other marginalized communities, says Elliot Mincberg of People for the American Way.

  • Finance-Savvy Millennials Are Shifting Business Of Law

    Michael Perlich

    The impact of millennials has already been felt within the legal community by our eagerness to embrace new technologies. One way that we will have potentially even more impact lies in our willingness to embrace new ways of developing business and financing law, says Michael Perich of Burford Capital LLC.

  • Opinion

    Attorney-Client Privilege Is Alive And Well

    Genie Harrison

    The FBI raid of the office of President Donald Trump’s personal lawyer set off a firestorm of controversy about the sanctity of the attorney-client privilege, epitomized by Trump's tweet that the "privilege is dead." But attorney-client privilege is never taken lightly — I have battle scars from the times I have sought crime-fraud exceptions, says Genie Harrison of the Genie Harrison Law Firm.

  • Roundup

    Dissolving Practice

    Dissolving Practice

    In this series, experts discuss the unique aspects of closing a law firm, and some common symptoms of dysfunctionality in a firm that can be repaired before it's too late.

  • Series

    Dissolving Practice: How To Fix A Dysfunctional Law Firm

    Larry Richard

    I am often asked, “When there are one or more partner departures, what can a firm do to prevent this from escalating to a catastrophic level?” The short answer is “nothing.” Law firms need to adopt culture-strengthening lifestyles to prevent defections from occurring in the first place, says Larry Richard of LawyerBrain LLC.

  • Series

    Dissolving Practice: Partner Agreement Clauses That Can Help

    ​​​​​Leslie Corwin

    Given the competing public policies of protecting clients’ right to counsel of their choice, lawyer mobility, and the fiduciary duty partners owe to a dissolved firm, it behooves law firms to carefully review their partnership agreements to make sure they adequately spell out what happens in the unfortunate event that the law firm chooses to wind down, say ​​​​​Leslie Corwin and Rachel Sims of Blank Rome LLP.

  • Series

    Dissolving Practice: The Unfinished Business Doctrine

    Thomas Rutledge

    There has been, of late, significant dispute as to the application of the unfinished business doctrine, particularly with respect to hourly rate matters of now-dissolved large law firms. And the California Supreme Court’s recent decision in Heller Ehrman, like others as to similar points, is highly questionable, says Thomas Rutledge of Stoll Keenon Ogden PLLC.

  • Opinion

    Congress' Fix To Tribal Sovereign Immunity Misses The Point

    Caso (2).jpg

    Congress recently introduced a bill to strip Native American tribes of sovereign immunity on issues relating to patents, but this proposed law only delays resolution of the confusion over a real problem on new attacks on pharmaceutical patents, says Anthony Caso, director of the Claremont Institute’s Constitutional Jurisprudence Clinic at Chapman University Fowler School of Law.