Native American

  • November 28, 2017

    Landowners Urge Neb. To Rethink Keystone XL Approval

    Nebraska landowners have asked the state’s utility regulators to reconsider their recent decision approving a section of TransCanada Corp.’s Keystone XL oil pipeline, arguing that the company’s application only asked for approval of its “preferred route,” which was rejected, not the “mainline alternative route” that was approved.

  • November 28, 2017

    Allergan Hit With Antitrust Suit Over Deal With Tribe

    Allergan Inc. was hit with a lawsuit on Monday by a proposed class of indirect purchasers who bought the dry-eye treatment Restasis at allegedly “supracompetitive prices,” saying the company entered into a deal with a Native American tribe to avoid patent invalidation.

  • November 27, 2017

    BIA Prevails In Spat With Calif. Group Seeking Tribe Status

    A California federal judge Monday tossed a suit against the Bureau of Indian Affairs by members of the proposed Ukiah Valley Pomo Indian Tribe, saying the agency reasonably found that the group was only a part of the federally recognized Pinoleville Pomo Nation and therefore couldn’t vote to organize as a separate tribe.

  • November 27, 2017

    Mich., Enbridge Ink Deal To Fix Oil Pipeline Amid Review

    Michigan Gov. Rick Snyder said Monday that he has brokered a deal with Enbridge Inc. to bolster the safety of an aging oil pipeline as the state mulls its long-term future amid concerns from environmental groups, local tribes and regulators that a spill could foul the Great Lakes and other waterways.

  • November 27, 2017

    Pa. Jury Convicts Payday Lending Bigwig, Atty Of Fraud

    A Pennsylvania federal jury convicted a Philadelphia-area businessman and a Delaware lawyer of conspiracy and fraud charges Monday over a payday lending business that prosecutors say charged interest rates of over 700 percent.

  • November 27, 2017

    Justices Asked To Hear Tribal Land Condemnation Case

    A New Mexico utility has urged the U.S. Supreme Court to hear its bid to overturn a Tenth Circuit ruling that the company couldn’t condemn land for a power line because the Navajo Nation held an interest there, saying the decision could hamper infrastructure around the country.

  • November 27, 2017

    4 States Push 10th Circ. To Rethink Fracking Rule Decision

    Four states have asked the Tenth Circuit to allow them to file an additional court document supporting their request for the court to revisit its rejection of their challenge to an Obama-era hydraulic fracturing rule for federal and Native American lands.

  • November 27, 2017

    Justices Turn Down Water Dispute Between Agencies, Tribe

    The U.S. Supreme Court on Monday declined to review a Ninth Circuit ruling that the Agua Caliente Band of Cahuilla Indians’ federal water rights extend to groundwater in the Coachella Valley, handing a win to the tribe in the first of what could be multiple phases of litigation.

  • November 27, 2017

    Justices Pass On Challenge To Oneida Casino Land Grant

    The U.S. Supreme Court on Monday said it won’t hear bids from a New York town and a nonprofit to review a Second Circuit decision approving the federal government’s decision to take land into trust for the Oneida Indian Nation — a decision that Justice Clarence Thomas said he disagreed with.

  • November 22, 2017

    Consumers Say Hedge Fund Financed Illegal Tribal Lending

    Vermont residents on Tuesday hit a hedge fund with a proposed class action in federal court alleging it helped concoct a sham tribal payday lending scheme meant to skirt laws preventing companies from charging consumers exorbitant interest rates while hiding behind tribal sovereign immunity.

  • November 22, 2017

    Enviros' Keystone XL Suits Can Proceed, Judge Says

    A Montana federal judge on Wednesday refused to nix a pair of suits challenging the revival of the Keystone XL pipeline, saying that the federal government can't evade environmental challenges simply because President Donald Trump delegated permitting authority for the controversial project to the U.S. Department of State.

  • November 22, 2017

    What Attorneys Get Wrong About Native American Law

    Allergan Inc.’s recent deal seeking to shield several patents behind a New York tribe’s sovereign immunity highlights the reality that attorneys who focus on other practice areas may at some point find themselves in need of a crash course on Native American law. Here, Law360 takes a look at some fundamental misconceptions practitioners in the field say they've encountered among their colleagues.

  • November 22, 2017

    NC Casino Operator Moves To Nix Unpaid Wages Suit

    The operator of a pair of North Carolina tribal casinos has urged a federal judge to toss a proposed class and collective action accusing it of failing to pay certain employees for all the hours they worked.

  • November 22, 2017

    Trump's Energy Plans Still Hamstrung By EPA, DOI Vacancies

    President Donald Trump has made rolling back energy and environmental regulations to boost energy development a priority. But 10 months into his presidency, there are still plenty of vacancies in politically appointed positions at agencies responsible for carrying out the deregulatory push.

  • November 21, 2017

    Tribe Entitled To Water Quantity, Not Quality, Agency Says

    A California water agency on Monday pushed back against efforts by the Agua Caliente Band of Cahuilla Indians to land a quick win in the tribe’s suit over the quantity and quality of groundwater the tribe is entitled to on its reservation, telling a California federal court that while the tribe has rights under state law, it lacks a federal reserved right to water quality standards.

  • November 21, 2017

    Calif. County Asks 9th Circ. To Rehear Tribal Casino Row

    A California county on Monday urged the Ninth Circuit to rethink a panel ruling backing a lower court’s support of the U.S. Department of the Interior's decision to take land into trust for a proposed Ione Band of Miwok Indians casino.

  • November 21, 2017

    CFPB, CashCall Spar Over Possible $287M In Restitution

    The Consumer Financial Protection Bureau squared off against CashCall Inc. and its affiliates in California federal court on Monday about whether it would be appropriate to make the online lender pay as much as $287 million for deceiving consumers, with the CFPB calling the company’s loans “financial snake oil” and CashCall saying its business was legitimate.

  • November 21, 2017

    Dakota Access Refutes Tribes' Claims In Pipeline Row

    Dakota Access LLC on Monday shot back at claims from two Native American tribes who are challenging the company’s crude oil pipeline that they were given redacted copies of response plans, saying it wanted to set the record straight on factual claims made by the tribe.

  • November 21, 2017

    Calif. Tribe Fights Union Over Labor Arbitration At 9th Circ.

    A California tribe has told the Ninth Circuit that the court and not an arbitrator should decide whether to arbitrate a labor dispute involving two employees who say they were fired for supporting a union representing tribal casino employees.

  • November 20, 2017

    Tribal Lenders Take CFPB Investigation Fight To High Court

    Two tribal lending companies pressed the U.S. Supreme Court on Friday to hear their challenge to a Ninth Circuit ruling that they must comply with a Consumer Financial Protection Bureau investigation, saying the high court should resolve a circuit split around when generally applicable federal laws apply to tribes.

Expert Analysis

  • Recipe For Legal Project Management: Look To BBQ Champs

    Anthony Rospert

    As a master certified barbecue judge with the Kansas City Barbeque Society, I have noticed that the top pitmasters follow a consistent process in approaching each and every competition. Their "secret sauce" — employing project management principles — can also help lawyers achieve success, says Anthony Rospert of Thompson Hine LLP.

  • Series

    Making Pro Bono Work: Can You Practice In Your State?

    Eve Runyon

    The justice gap is a well-documented problem and over the past two decades, law firms have mobilized attorneys to provide millions of hours of pro bono every year. But for many in-house counsel, there remains a big hurdle — restrictive multijurisdictional practice rules, says Eve Runyon, president and CEO of Pro Bono Institute.

  • Opinion

    Representing Women At The Intersection Of Law And Finance

    Andrea Mitchell

    To the extent that companies have tolerated predominantly male leadership in the past because it was deemed necessary for growth and prosperity, or viewed diversity and the underrepresentation of women strictly as human resources issues, a growing body of research suggests otherwise, say Andrea Mitchell and Valerie Hletko of Buckley Sandler LLP.

  • Series

    Making Pro Bono Work: Building Sponsorship Relationships

    Michael Scudder

    Within their first year, associates should make it a priority to take on a pro bono matter and approach a partner about supervising the project. By collaborating with a partner on a pro bono case, young associates can cultivate sponsorship relationships while simultaneously contributing to the public good, say Michael Scudder and Jay Mitchell of Skadden Arps Slate Meagher & Flom LLP.

  • Series

    What I Learned In My 1st Year: Be A Sponge

    Patrick Mendes

    As a new attorney, it was astonishing to realize how little I knew. I soon began to appreciate that everyone I met had a unique take or way of doing something. Many things I learned during that first year from my colleagues are still incorporated into my practice today, says Patrick Mendes of Tyson & Mendes LLP.

  • Series

    Making Pro Bono Work: Beyond The Hurdles

    Ann Warren

    There are various barriers to corporate pro bono work, including lack of malpractice insurance coverage, limited resources, and the transactional nature of the majority of in-house legal work. But at the end of the day, we’ve overcome many of these barriers, says Ann Warren, associate general counsel of Duke Energy Corp.

  • Series

    Judging A Book: Pryor Reviews 'Scalia Speaks'

    Judge William Pryor

    Christopher Scalia and Edward Whelan have published an indispensable collection of the late Justice Antonin Scalia's best speeches. "Scalia Speaks: Reflections on Law, Faith, and Life Well Lived" puts on full display Justice Scalia’s skilled writing, quick wit and uncommon wisdom on a wide range of topics — from law to turkey hunting, says Judge William Pryor of the Eleventh Circuit.

  • Financial Crisis Anniversary

    The Inside Counsel Revolution

    Ben Heineman

    The role of the general counsel has significantly grown in importance, with the GC now often replacing the senior partner in the outside law firm as the primary counselor for the CEO and the board. This inside counsel revolution was given great impetus by the financial crisis that started 10 years ago, says Ben Heineman Jr., former general counsel of General Electric Co.

  • How Arbitrators Maintain Proportionality In Discovery

    Richard Seymour

    There has been much discussion of discovery proportionality in federal litigation since the December 2015 changes to Civil Rule 26. But arbitrators have long used procedures to simplify the discovery process that courts have only recently begun to adopt, says attorney and arbitrator Richard Seymour.

  • The Law Firm CFO’s Role In The Strategic Planning Process

    Tyler Quinn

    Today's law firm chief financial officer should be involved in many areas beyond traditional financial management, including operations, risk management and information technology. He or she can support strategic planning throughout the process, from development of the plan to its implementation, measurement and eventual evolution, say Tyler Quinn and Marc Feigelson of Kaufman Rossin PA.