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Native American

  • October 24, 2018

    Va. Class Action Over Online Loans Won't Fly, Court Told

    A defendant in a suit brought by consumers over an alleged scheme to charge illegally high interest rates through companies affiliated with a Michigan tribe urged a Virginia federal court Tuesday to deny the consumers' bid to certify classes, saying that conducting the suit as a class action would be “unmanageable."

  • October 24, 2018

    Offshore Oil And Gas Drilling In Alaska Gets OK From DOI

    U.S. Secretary of the Interior Ryan Zinke said Wednesday that oil and gas drilling in the federal waters off Alaska can move forward following conditional approval by the department’s Bureau of Ocean Energy Management to Hilcorp Alaska LLC for its Liberty Project development and production plan.

  • October 24, 2018

    SBA Taps Okla. Tribe Member To Lead Native American Office

    The U.S. Small Business Administration said Tuesday it has appointed an Oklahoma tribe member as its new assistant administrator for its Office of Native American Affairs.

  • October 24, 2018

    Gas Co. Scores Quick Win In Tribal Land Pipeline Row

    A Nebraska federal judge has handed a win to Northern Natural Gas Co. after previously holding that the company had the right to condemn land for three pipelines that run through the Omaha Tribe of Nebraska’s reservation, saying there’s no dispute regarding the value of individually owned interests in the land.

  • October 24, 2018

    9th Circ. Nominee Pushes Back On Tribal Record Criticisms

    Perkins Coie LLP’s Eric Miller on Wednesday pushed back against criticisms of his record on tribal sovereignty issues during a brief but controversial Senate Judiciary Committee hearing on his nomination to the Ninth Circuit, with no Democrats in attendance.

  • October 23, 2018

    DC Circ. Tosses Hawaii Co.'s Cable Suit Against FCC

    The D.C. Circuit in a per curiam judgment Tuesday rejected a bid by a rural telephone company serving native Hawaiians to upend a Federal Communications Commission order the company said left it short-funded for an undersea cable, saying the company did not show how the order was “arbitrary and capricious.”

  • October 23, 2018

    State Judge, Ex-Employee Say Ute Tribe Can't DQ Fed. Judge

    The Ute Indian Tribe’s bid to get the Tenth Circuit to disqualify a Utah federal judge was met with opposition from a state judge and a former tribal employee involved in an underlying contract dispute, both of whom said the jurist had been improperly accused of racism.

  • October 23, 2018

    Enviro Group Blasts Trump's Pick For FWS Director

    An environmental group focused on endangered species issues on Tuesday slammed President Donald Trump's intended pick to lead the U.S. Fish and Wildlife Service, saying she favored policies adverse to wildlife preservation.

  • October 23, 2018

    Proposed Tribal Culture Bill Aims To Stop Artifact Trafficking

    A bill designed to stop the international trafficking of federally protected tribal cultural heritage artifacts has landed in the U.S. House following the release of a Government Accountability Office report on overseas auction sales of Native American cultural items, particularly from the Southwestern states.

  • October 23, 2018

    Utes Say Group Of Members Don't Belong In Monument Suit

    The Ute Indian Tribe has told a D.C. federal judge that a group claiming to represent tribal members is actually a group of disgruntled members who don't hold leadership positions, urging the court to exclude them from a suit challenging President Donald Trump's decisions to shrink the Bears Ears and Grand Staircase-Escalante national monuments.

  • October 22, 2018

    9th Circ. Stands Firm On $64M Tax Rulings Against Tribal Co.

    The Ninth Circuit on Monday declined to rethink two rulings that found a Native American tobacco company liable for some $58 million in excise taxes and $6 million in fees.

  • October 22, 2018

    Fed. Circ. Rejects Bid For PTAB Tribal Immunity Rehearing

    The full Federal Circuit on Monday said it won't reconsider a panel’s ruling that tribes can face Patent Trial and Appeal Board scrutiny, likely paving the way for one of the court’s closest-watched cases to head to the U.S. Supreme Court.

  • October 22, 2018

    Tribe Accuses Mich. Of Using 'Rules Of Their Own Invention'

    An American Indian community and Michigan officials have filed competing motions in federal court seeking quick wins in a suit over the state's tax authority, with the community saying Michigan was applying “legally incorrect rules of their own invention” and the officials saying the community relied on inapplicable law.

  • October 22, 2018

    Gov'ts Must Link Patient Data To Prescriptions In Opioid MDL

    A special master on Sunday said that local governments suing drugmakers over the opioid crisis in multidistrict litigation should provide opioid manufacturers with patient data for opioid prescriptions, along with other information, so that the companies can match the information in other databases.

  • October 22, 2018

    Okla. Tells Justices Congress 'Destroyed' Tribal Authority

    Oklahoma has pressed the U.S. Supreme Court to rule that the Muscogee (Creek) Nation's reservation no longer exists in a case involving the state court murder conviction of a Creek citizen, saying Congress intended to "dismantle" the Creek and other Oklahoma tribes and "destroyed" their land ownership in order to create the state.

  • October 22, 2018

    Native, Animal Groups Launch Privacy-Based Climate Suit

    A Native American women’s green group and an animal rights organization sued the federal government Monday, alleging its actions on a host of environmental issues have exacerbated climate change and violated U.S. citizens’ right to privacy under the Constitution.

  • October 22, 2018

    NCAI Puts Exec On Leave Amid Hostile Workplace Claims

    The National Congress of American Indians announced Saturday that tribal leaders had placed the organization’s executive director on leave amid calls for an investigation into reports of a hostile workplace and sexual harassment, weeks after the departure of the organization’s long-serving counsel.

  • October 19, 2018

    3 States Say Controversial Water Rule Infringes Their Rights

    Three states told a Texas federal court that an Obama administration rule that broadened the reach of the Clean Water Act and was widely contested by other states and industry groups should be thrown out, saying it conflicts with Supreme Court precedent, the intent of the law and infringes on states’ rights.

  • October 19, 2018

    Trump Looks To Ease Burdens On Western Water Projects

    President Donald Trump on Friday directed two federal agencies to look for ways to make it easier for developers to complete water infrastructure projects in California, Washington and Oregon, including streamlining procedures that are in place to protect the environment and endangered species.

  • October 19, 2018

    CashCall Owes $200M For Loan Scheme, CFPB Tells 9th Circ.

    The U.S. Consumer Financial Protection Bureau urged the Ninth Circuit on Friday to reverse a lower court order and force CashCall Inc. to cough up more than $200 million for bilking consumers on high-interest payday loans, saying the company escaped with just a $10 million fine because a federal judge wrongly decided the company didn't have to pay restitution.

Expert Analysis

  • 4 Key Components To New Firm Partnership Agreements

    Russell Shinsky

    A well-drafted partnership agreement protects a law firm's founders, establishes a process for new and outgoing partners, and sets forth guidelines for navigating conflict along the way. Startup firms can begin with something less complex, but there are important elements that every agreement should include, says Russell Shinsky of Anchin Block & Anchin LLP.

  • Opinion

    Open The Federal Courthouses

    David Oscar Markus

    Forget about cameras, reporters in the Manafort trial were not even permitted in the courtroom with their phones, tablets or computers. That meant no live reporting on Twitter and no emails to the newsrooms with updates. In a world focused on information and news as it happens, this is unacceptable, says trial attorney David Oscar Markus.

  • 5 E-Discovery Hurdles For Government Agencies

    Amy Hilbert

    Electronic discovery is a challenging process for even the most experienced law firms and corporations, but the challenges faced by government agencies may be even more daunting, says Amy Hilbert of Casepoint LLC.

  • Opportunity Zones: Spurring Development In Indian Country

    Nicole Elliott

    Among those who should be interested in the new opportunity zone incentive provided by tax reform are tribes that can leverage this incentive to attract investment and reap significant tax benefits, say Nicole Elliott and Kristin DeKuiper of Holland & Knight LLP and Dr. Katy Rossiter of Ohio Northern University.

  • 'High Availability' — A Key Term In Law Firm IT Strategy

    Jeff Norris

    While most law firm executives and partners may instinctively want to tune out terms like "high availability" and "disaster recovery" — concepts that IT managers usually worry about — there are five reasons you should lean in and wrestle with the vocabulary, say Jeff Norris of Managed Technology Services LLC and Greg Inge of information security consulting firm CQR.

  • The 'Post-Fact' Jury In The 'Fake News' Era

    Ross Laguzza

    The "fake news" phenomenon is ever more prominent in the political arena — but not in the jury box. At a trial, jurors don’t have to rely on the media or any other source to tell them the facts and issues, since they have a front-row seat to the action, says Ross Laguzza, a consultant at R&D Strategic Solutions LLC.

  • Series

    Judging A Book: Lipez Reviews 'Last Great Colonial Lawyer'

    Judge Kermit Lipez

    In his new book, "The Last Great Colonial Lawyer: The Life and Legacy of Jeremiah Gridley," Charles McKirdy argues that Gridley — someone I had never heard of — was the last great colonial lawyer, and that his cases illuminate his times. The author largely substantiates both claims, says First Circuit Judge Kermit Lipez.

  • Interview Essentials For Attorneys On The Move

    Eileen Decker

    Across the country this fall, recent law school graduates, law firm associates and experienced professionals will interview for positions in private practice and government service. Sharing tips on how to stand out in this high-pressure, hypercompetitive process are Eileen Decker, former U.S. attorney for the Central District of California, and Keith Jacoby, co-chairman of Littler Mendelson PC’s class action practice group.

  • Roundup

    Clerking For Ginsburg

    Clerking For Ginsburg

    Justice Ruth Bader Ginsburg joined the U.S. Supreme Court 25 years ago and is not planning to retire anytime soon — she has hired clerks through 2020. What's it like to assist Justice Ginsburg? In this series, former clerks reflect on the experience.

  • Series

    Clerking For Ginsburg: 3 Surprises

    David Post

    It had never occurred to me that judges don’t always love the way their appellate cousins review their work and tell them — in public — all the things they got wrong. I was frequently struck by Justice Ruth Bader Ginsburg’s acute awareness of the delicacy of this relationship, says attorney David Post.