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Native American

  • June 1, 2018

    Seneca Nation Says Pharma Cos. At Fault For Opioid Crisis

    The Seneca Nation of Indians hit a host of drug manufacturers and distributors with a federal lawsuit on Thursday accusing them of deceptively, unfairly and falsely marketing prescription opioids, becoming the latest tribe to launch a suit over the national opioid epidemic.

  • June 1, 2018

    7 High Court Petitions From Last Month You Shouldn't Miss

    From a $1.7 billion case involving Iran's central bank to a major question under the America Invents Act, the U.S. Supreme Court docketed a broad swath of cert petitions in May. Here, Law360 takes a look at the past month's most interesting requests for high court review.

  • May 31, 2018

    4th Circ. Won't Ax Atty Sanctions In Payday Loan Row

    A Fourth Circuit panel on Thursday backed a lower court’s order sanctioning three attorneys who initially represented a North Carolina man when he sued a credit union that processed debt transactions from his bank account under an agreement with a tribal lender, saying the conduct in question amounted to being “egregious.”

  • May 31, 2018

    BIA Says Mohegan-Conn. Gambling Deal Change Is In Effect

    The Bureau of Indian Affairs is set to announce Friday that changes to the Mohegan tribe’s gaming compact with the state of Connecticut are going into effect, but has yet to sign off on similar changes sought by the Mashantucket Pequot Tribal Nation to pursue a joint casino project in the state.

  • May 31, 2018

    DC Circ. Rejects RI Tribe's 'Premature' Pipeline Work Appeal

    The D.C. Circuit on Thursday threw out a bid by the preservation office of a Rhode Island tribe to have the court review the Federal Energy Regulatory Commission’s decision to let a unit of Kinder Morgan Inc. start construction on a pipeline expansion project in New England.

  • May 31, 2018

    Neb. Steps Into Challenge Of Ponca Tribe Gambling Approval

    An Iowa federal judge gave the state of Nebraska the thumbs-up on Thursday to join a lawsuit challenging the federal government's decision to allow the Ponca Tribe of Nebraska to operate a casino on a tract of land in Iowa.

  • May 31, 2018

    Tribal AG Says Immunity Bars Federal Suit Over Casino Row

    The Muscogee (Creek) Nation’s attorney general further urged an Oklahoma federal judge on Wednesday to toss a suit seeking to stop the AG from suing a woman in tribal court over a gambling casino dispute, saying the claims are barred by sovereign immunity.

  • May 30, 2018

    Public Opinion Split, EPA Faces Tough Call On Groundwater

    The U.S. Environmental Protection Agency received nearly 60,000 comments about whether it should stop, clarify, change or continue the way it has permitted some groundwater pollution discharges under the Clean Water Act, with many industry groups opposing regulation, environmental groups supporting it, and municipalities such as Los Angeles and New York City expressing different views.

  • May 30, 2018

    States Back Indian Child Welfare Act In Texas’ Challenge

    California and several other states with large Native American populations have voiced their support for the Indian Child Welfare Act in the state of Texas’ challenge to the statute in federal court, arguing that the law doesn’t violate constitutional protections and plays an important role in rectifying former abuses against tribes.

  • May 30, 2018

    Federal Law Applies In Native Cig Tax Suit, 2nd Circ. Told

    The federal government on Tuesday told the Second Circuit that a lower court wrongly dismissed some claims in a cigarette tax battle between the state of New York and a Native American-owned tobacco maker, saying the tribe's cigarette sales to reservations in other states constituted interstate commerce subject to the Prevent All Cigarette Trafficking Act.

  • May 30, 2018

    Wash. Tribal Co. Tells Justices US Is Off-Base In Tax Battle

    A Yakama Nation company urged the U.S. Supreme Court on Tuesday not to overturn a ruling by Washington's top court that the company is exempt from a fuel tax, saying the federal government's recent amicus brief urging the justices to hear the case "only highlights the reasons that this court should deny the petition."

  • May 30, 2018

    Tribe Can't Shake $9.3M Verdict Over Fatal Bus Accident

    The Choctaw Nation of Oklahoma can’t escape a jury verdict of more than $9.3 million in damages concerning a fatal bus crash, a Texas appeals court ruled Tuesday, saying there was sufficient evidence to find the tribe vicariously liable for the accident.

  • May 29, 2018

    Suits Show Conflict Even At BigLaw's Best Places For Women

    Women have been gaining ground at Ogletree Deakins and Morrison & Foerster, but gender discrimination lawsuits against these firms and others suggest that expanding women's representation doesn’t necessarily lead to equal treatment.

  • May 29, 2018

    Reform Or Retreat? UK Firms Eye Next Steps On Pay Data

    U.K. law firms have come up with numerous approaches to a new requirement for disclosing gender pay gap information, and the ensuing PR storm is pushing them in conflicting directions.

  • May 29, 2018

    How Women Are Changing The Law Firms They Lead

    Female law firm leaders have scraped their way to the top. Now they want to pull up other women, too. And this may be their toughest challenge yet.

  • May 29, 2018

    The Best Law Firms For Female Partners

    Our latest Glass Ceiling Report shows that women remain underrepresented in the legal profession, particularly at the top levels of most — but not all — law firms. Here are this year’s Ceiling Smashers, our annual ranking of the firms with the most women in the equity tier.

  • May 29, 2018

    Feds Lose Bid To Move Clean Water Rule Delay Suits To Texas

    A New York federal judge on Monday rejected the U.S. Environmental Protection Agency and the U.S. Army Corps of Engineers’ request to send to Texas a pair of lawsuits by states and environmental groups that challenge the delay of a controversial rule defining the Clean Water Act's reach.

  • May 29, 2018

    Opioid Suit Against McKesson Doesn't Fit In MDL, Tribe Says

    Round Valley Indian Tribes’ suit accusing McKesson Corp. and others of helping create the nation’s opioid crisis belongs in California state court, not a federal court or nationwide multidistrict litigation, as there are no federal claims at play and removal would just stall the case, the tribe told a California federal court Tuesday.

  • May 29, 2018

    Klamath Tribes Want Lake Levels Injunction To Protect Fish

    The Klamath Tribes on Tuesday asked a California federal court to force the U.S. Bureau of Reclamation to maintain water levels for the Upper Klamath Lake sufficient to protect two endangered fish vital to their culture, saying that otherwise the marine species “remain on a path to near-term extinction.”

  • May 29, 2018

    Tribe Says Casino Contract Case Not Worth High Court’s Time

    The Shingle Springs Band of Miwok Indians told the U.S. Supreme Court there was no reason it should review an intermediate California state court's ruling tossing a $30 million award to a gambling developer over a failed casino connected to an unreviewed promissory note.

Expert Analysis

  • Opinion

    BigLaw Doesn't Have A Diversity Problem

    Marlen Whitley

    Although the lack of racial and gender diversity among the ranks of the majority of both midsized and top law firms is a major issue, it’s past time to shed light on the real problem — inclusion, or lack thereof, says Marlen Whitley of Reed Smith LLP.

  • Opinion

    Roman J. Israel, Esquire, Meet Donald J. Trump, POTUS

    Kevin Curnin

    Despite the Trump administration's desire to shut down the Legal Services Corp., thankfully the budget that Congress passed and the president signed into law last week has restored $410 million of funding to the legal aid organization. An unlikely brief for preserving LSC may be found in the quirky Denzel Washington film "Roman J. Israel, Esq.," says Kevin Curnin, immediate past president of the Association of Pro Bono Counsel.

  • Opinion

    We Need A Cybersecurity Framework For Law Firms

    Shaun Jamison

    In order to enable lawyers to best meet cybersecurity challenges, state bars should pass rules that adopt a cybersecurity framework to be developed by a national committee, says Shaun Jamison, associate dean of faculty and professor at Purdue University's Concord Law School.

  • Equity Partnership Isn’t What It Used To Be

    Jeff Liebster

    To many young attorneys, becoming an equity partner shows a firm's long-term commitment, meaning job security and a voice in important firm matters. However, the industry has changed and nowadays it may not be better to enter a new firm as an equity partner, says Jeffrey Liebster of Major Lindsey & Africa.

  • Tribes' Mobilization On Climate Change Gathers Steam

    Keith Harper

    Tribes are not waiting for leadership on climate change from the federal level. Tribes’ mobilization at all levels of government offers opportunities not only to protect tribal communities and the natural resources that sustain them, but also to advance tribal sovereignty and self-determination, say attorneys with Kilpatrick Townsend & Stockton LLP.

  • Series

    Judging A Book: Hardiman Reviews 'Without Precedent'

    Judge Thomas Hardiman

    In his new book, "Without Precedent: Chief Justice John Marshall and His Times," professor Joel Richard Paul ably explains more than a dozen of Marshall’s most significant opinions, which comes as no surprise​. ​What is a surprise — a pleasant one — is the book's readability, says Judge Thomas Hardiman of the Third Circuit.

  • Top Tax Changes For Law Firms: What Lawyers Need To Know

    Evan Morgan

    For law firms structured as corporations, a lower maximum corporate tax rate and repeal of the corporate alternative minimum tax are good news. But many law firms are pass-through entities, so deduction limitations mean they'll see less benefit from the new tax law, says Evan Morgan of CPA and advisory firm Kaufman Rossin PA.

  • Opinion

    Companies Should Avoid The BigLaw Bonus Structure

    Michael Moradzadeh

    Since passage of the Trump tax plan last year, companies have been touting bonuses they’ve handed down to rank-and-file employees. This highlights the trend of employers favoring bonuses over pay raises in the belief that variable, short-term rewards are less risky to the business than permanent increases in labor costs. But law firms have used this strategy for years — and there are dangers, says Michael Moradzadeh of Rimon PC.

  • Chief Innovation Officer — The New Star On Legal Teams

    Mark Williamson

    Over the past few years, forward-thinking law firms have expanded their talent pools to include a chief innovation officer, whose responsibilities include spearheading the implementation of technology. It is a smart move, says ​​​​​​​Mark Williamson, co-founder and chief technology officer at Hanzo Archives Ltd.

  • Betting On Change: States Plan For Sports Gambling Decision

    Aaron Swerdlow

    If New Jersey wins its sports betting case at the U.S. Supreme Court, expect many states to implement new legislation legalizing sports betting and industry regulation. If New Jersey does not win, it will anger many state legislators that were preparing to implement their own legislation, says Aaron Swerdlow of Gerard Fox Law PC.