Native American

  • September 29, 2017

    Fed. Judge Backs Tribal Court's Ruling Against Chemical Co.

    An Idaho federal judge on Thursday said that a tribal appellate court had jurisdiction to impose a $20.5 million judgment against chemical maker FMC Corp. over permit fees connected to hazardous waste produced by the company and stored on the Shoshone-Bannock tribes’ reservation land.

  • September 29, 2017

    Neb. Justices Nix Appeal Of Liquor License Denials Near Tribe

    Nebraska’s highest state court on Friday tossed an appeal over the Nebraska Liquor Control Commission’s decision not to renew the liquor licenses of beer retailers located in an unincorporated town across the state line from the Pine Ridge Indian Reservation in South Dakota, where alcohol sales are prohibited.

  • September 28, 2017

    9th Circ. Urged To OK Challenge To Tribal Leadership Ruling

    A faction of a California Native American tribe on Thursday urged the Ninth Circuit to revive its challenge to a U.S. Bureau of Indian Affairs decision finding that a general council established to serve as California Valley Miwok's governing body in 1998 isn’t the tribe’s valid representative.

  • September 28, 2017

    Enviros Get Hollow Victory In 10th Circ. Frack Rule Fight

    Environmentalists are cheering the Tenth Circuit's recent decision to toss a legal challenge to the U.S. Bureau of Land Management's rule strengthening fracking regulations on federal and Native American lands, but experts say litigation delays and a BLM effort to revoke the Obama-era rule could prevent it from ever taking effect.

  • September 28, 2017

    Racer Used Payday Loan Dough To Buy 6 Ferraris, Jury Hears

    Federal prosecutors seeking to convict racer Scott Tucker and attorney Timothy Muir on charges of running a $2 billion criminal payday lending empire dug into the pair's finances Thursday, showing a Manhattan jury how Tucker bought six Ferrari and four Porsche race cars for his high-speed endeavors.

  • September 28, 2017

    Senate Confirms Erickson To 8th Circ.

    The Senate voted overwhelmingly Thursday to confirm U.S. District Judge Ralph R. Erickson to the Eighth Circuit, a longtime North Dakota jurist who also chairs the federal Sentencing Commission's Tribal Issues Advisory Group.

  • September 28, 2017

    Developer Gets Partial Quick Win In Failed Wind Project Suit

    A Minnesota federal judge on Wednesday handed a partial quick win to a wind energy developer in a suit over a failed business venture related to wind energy developments with Native American tribes, saying there was insufficient support for some of the fraud claims lodged against the company.

  • September 27, 2017

    Things To Consider Before A Patent Deal With A Tribe

    Following news of Allegan PLC’s surprise licensing deal with a Native American tribe, other companies could be considering similar arrangements in hopes of shielding their patents from review at the Patent Trial and Appeal Board. But there may be reasons for pause, experts said.

  • September 27, 2017

    Indian Health Service To Give Up Docs In Baby Injury Suit

    An Oklahoma federal judge ordered the Indian Health Service on Wednesday to give discovery responses in a $115 million negligence suit from parents who claim their newborn son suffered brain damage after he was delivered at a Chickasaw Nation hospital.

  • September 27, 2017

    Sens. Seek Investigation Of Allergan's Patent Deal With Tribe

    Four Democratic senators on Wednesday urged a Senate committee to investigate a licensing deal that Allergan PLC struck with a Native American tribe in an effort to shield patents for dry-eye drug Restasis from review at the Patent Trial and Appeal Board.

  • September 27, 2017

    Tribal Atty Fined By FTC Testifies At $2B Payday Loan Trial

    Lawyer Troy LittleAxe on Wednesday told Manhattan jurors hearing criminal charges against racer Scott Tucker and attorney Timothy Muir that the pair once had complete control over the Modoc tribe's payday loan operation, but his value as a witness may have been reduced during cross-examination.

  • September 27, 2017

    Atty Denies Pocketing Legal Fees On Reservations

    A South Dakota lawyer accused of stealing from a federally funded program that takes on the court cases of low-income individuals on Native American reservations has told a federal judge he’s innocent of the charges.

  • September 27, 2017

    Feds Fight Bid For Win In Native American Hiring Bias Suit

    The federal government asked a South Dakota federal judge on Tuesday to shoot down the state's Department of Social Services' bid for a quick win in the United States’ suit alleging intentional bias against Native American job applicants, saying the state’s arguments “ring hollow” in the face of statistical and anecdotal evidence.

  • September 27, 2017

    Dakota Access Settles Tribal Site Dispute With ND Agency

    Dakota Access LLC has reached a settlement with the North Dakota Public Service Commission to resolve claims that it didn’t immediately notify the state agency about the discovery of a Native American cultural site during work on the company’s controversial $3.8 billion crude oil pipeline.

  • September 27, 2017

    Calif. Tribe Member Asks Justices To Weigh Banishment Case

    A United Auburn Indian Community member has urged the U.S. Supreme Court to hear her challenge to a Ninth Circuit decision backing the tribe’s right to banish her from tribal land, saying the ruling wrongly forces tribe members to meet a tougher standard for alleged civil rights violations than is found in other federal laws.

  • September 26, 2017

    Nooksack Members Urge 9th Circ. To Preserve RICO Suit

    A group of Nooksack tribe members urged the Ninth Circuit on Monday not to toss their suit alleging that tribal officials violated the Racketeer Influenced and Corrupt Organizations Act by conspiring to strip the members of their enrollment, saying the officials aren't shielded from the suit by the tribe's sovereign immunity.

  • September 26, 2017

    Pokanoket Nation Details Land Deal With Brown University

    The Pokanoket Nation said in a statement Tuesday that it will allow other tribes that can show a strong connection with the Pokanokets' ancestral land in Bristol, Rhode Island, to access it under an agreement with Brown University that ended the Nation’s encampment on a site owned by the school.

  • September 26, 2017

    Feds Look To Nip Comanche Bid To Stymie Chickasaw Casino

    The federal government urged a district court judge Monday to reject the Comanche Nation of Oklahoma's bid to block federal approvals for a Chickasaw Nation casino while the Comanches’ suit challenging a land acquisition for the project plays out, saying the case can be resolved before the Chickasaw casino opens.

  • September 26, 2017

    10th Circ. Mining Ruling Digs Up Worry For Tribal Projects

    The Tenth Circuit's recent ruling that a wind farm needed a mineral lease from the Osage Nation before construction creates new obligations for developers looking to launch renewable and energy infrastructure projects on tribal lands and new risks for existing projects that suddenly find themselves in the same boat as the now-unlawful wind farm, experts say.

  • September 26, 2017

    Lawyer's Email Boasts Shown At $2B Payday Loan Fraud Trial

    A Manhattan jury saw potentially damaging emails Tuesday in the criminal trial of race car driver Scott Tucker and lawyer Timothy Muir in which an ebullient Muir boasted, “I should just drop the mic” in 2010 after a move to shield their tribal payday loan empire through what prosecutors call a fake lawsuit.

Expert Analysis

  • Series

    Notes From A Law Firm Chief Privacy Officer: Insider Risks

    Wagner.jpg

    As law firms hold sensitive information not only related to the firm but to the firm’s clients, an insider threat — whether it's a "bad actor employee" or inadvertent activity — poses a particular concern. There are steps that privacy officers can initiate to help minimize these threats, says Patricia Wagner, chief privacy officer for Epstein Becker Green.

  • Series

    Notes From A Law Firm Chief Privacy Officer: Balancing Act

    Kristin Jones

    As the role of law firm chief privacy officer becomes more prevalent and expansive, many CPOs are finding themselves in the midst of a delicate balancing act — weighing compliance with government regulations and client requirements on one side with the needs of firm business on the other, says Kristin Jones, chief privacy officer for Stradley Ronon Stevens & Young LLP.

  • How The IPad Can Be A Litigator's Best Friend

    Paul Kiesel

    New mobile computing tools — both hardware and applications — are changing the technology paradigm for legal practitioners. In particular, the combination of the 12.9-inch iPad Pro, the Apple Pencil and the LiquidText annotation app can revolutionize both trial preparation and courtroom litigating, says attorney Paul Kiesel, in his latest review of tech trends.

  • Series

    Notes From A Law Firm Chief Privacy Officer: CPO Vs. CISO

    Mark McCreary

    To understand the role of the law firm chief privacy officer — and why that person ought to be a lawyer — it’s important to distinguish the role they fill from that of the chief information security officer, says Mark McCreary, chief privacy officer for Fox Rothschild LLP.

  • 5 Questions To Ask Before Entering Joint-Representation AFA

    Natalie Hanlon Leh

    One growing trend is for clients to enter into alternative fee arrangements in which one law firm represents multiple parties who “share” fees and costs in a related matter. This way parties can more efficiently manage a matter and reduce their individual legal fees. But joint representation is not without its own risks and challenges, say attorneys with WilmerHale.

  • Legal Incubators Can Help New Lawyers And Society

    Martin Pritikin

    Legal incubators serve as an important bridge to practice and a crucial step toward aligning the incentives of new lawyers with the needs of their clients. They may even pose a threat to the traditional law school model itself, and that's not necessarily a bad thing, says Martin Pritikin, dean of Concord Law School at Kaplan University.

  • A 6-Step Guide To Tribal Consultation Under CEQA

    Brett Moore

    Although a technical advisory recently issued by the California Governor’s Office of Planning and Research provided a succinct summary of timelines under Assembly Bill 52 — which broadened tribal consultation requirements under the California Environmental Quality Act — comments from the Native American Heritage Commission indicate it recommends beginning the process as early as possible, says Brett Moore of Haight Brown & Bonesteel LLP.

  • How To Prioritize Your Law Firm's Crisis Response Plan

    Michelle Samuels

    If the media is going to cover your law firm’s crisis, they are going to cover it with or without your firm’s input. But your involvement can help shape the story and improve your firm’s image in the public eye, says Michelle Samuels, vice president of public relations at Jaffe.

  • Weekly Column

    Innovating For Wise Juries: Closing Argument

    Stephen Susman

    In the final article in this series on proposed innovations to the American jury trial, Stephen Susman, Richard Lorren Jolly and Dr. Roy Futterman of the NYU School of Law Civil Jury Project sum up the improvements they believe the U.S. jury system desperately needs.

  • 5 Questions All AFAs Should Answer Clearly

    Gregory Lantier

    While no particular form is required to establish a durable alternative fee arrangement, there are terms that should, for the benefit of both client and outside attorney, be expressly set forth in the agreement itself, but are often overlooked, say attorneys with WilmerHale.