The Bureau of Land Management on Monday urged the Tenth Circuit not to grant four states’ request that it revisit its rejection of their challenge to an Obama-era hydraulic fracturing rule for federal and Native American lands.
The Commonwealth of Massachusetts, a town and a community association continued to press the U.S. Supreme Court on Monday to weigh in on a decision that paved the way for a Native American tribe to build a casino on Martha’s Vineyard.
A proposed class of Restasis buyers on Friday accused Allergan Inc. in Texas federal court of blocking low-cost generics for the dry-eye medication through improperly obtained patents, sham infringement suits and citizen petitions, and partnering with a Native American tribe to avoid patent challenges.
A tribal corporation owned by the Utu Utu Gwaitu Paiute tribe has asked a California federal judge to toss a suit against it filed by a cannabis company over the termination of a $10 million contract to run a cannabis operation on tribal lands, arguing that the corporation has sovereign immunity from the claims.
With a looming deadline for Native American tribal members to make a claim for a bite of the landmark Cobell settlement over the alleged mismanagement of tribal trust funds, the federal government said on Friday it is still looking to identify thousands of possible claimants.
The Shingle Springs Band of Miwok Indians told a panel of the Ninth Circuit on Friday that a memorandum of agreement between the tribe’s casino and a union does not govern employment disputes between the parties, urging the panel to reverse the lower court order compelling arbitration.
Nebraska utility regulators narrowly approved construction of a portion of the Keystone XL oil pipeline that passes through the Cornhusker State on Monday, removing the last major regulatory hurdle for the controversial project after it was given new life by President Donald Trump earlier this year.
Two Republican lawmakers introduced a bill Thursday meant to speed up the environmental planning and review of water projects by two U.S. Department of the Interior agencies and to advance a specific water management project for the Yakima River in Washington state.
The Cherokee Nation on Thursday lodged a proposed class action in California federal court against a handful of tuna companies, including Bumble Bee and StarKist, accusing them of violating federal and numerous state consumer protection laws over an alleged canned tuna price-fixing scheme.
A Three Affiliated Tribes member and his attorney urged a North Dakota federal judge Thursday to reconsider his decision to cut off their tribal court litigation against Enerplus Resources Corp. in a $3 million royalty overpayment dispute, saying the judge failed to take into account the oil and gas company’s alleged violations of tribal law.
A tribe-run health care nonprofit in Alaska filed a complaint in federal court Thursday seeking to force the U.S. Department of the Interior and the Air Force to clean up and transfer oil-contaminated land the nonprofit says should have been in its hands more than two decades ago.
A federal magistrate judge on Thursday granted the Keweenaw Bay Indian Community’s request to strengthen the protective order in its suit against Michigan officials over the state’s taxing authority.
The Winnemucca Shoshoni MBS tribe, American States University and others asked a California federal judge Thursday to stop San Joaquin County from enforcing a new ordinance that halted the cultivation of industrial hemp and led the county and the U.S. Drug Enforcement Administration to seize $77 million worth of their crops.
With a key permitting decision scheduled to come from Nebraska utility regulators Monday, the Keystone pipeline spilled 5,000 barrels, or 210,000 gallons, in northeastern South Dakota on Thursday, TransCanada Corp. said in a statement.
A government watchdog told U.S. Department of the Interior officials on Wednesday that Secretary Ryan Zinke has failed to keep complete records of his travel since taking office, finding that in some cases he never documented his travel at all.
The Bureau of Indian Affairs' invitation for tribes to comment on the potential impact of updating the federal government's regulations for doing business on Native American lands elicited stories of economic development deals hampered by red tape and calls to stop state governments from imposing taxes in Indian Country. Here, Law360 looks at why and how tribes and tribal organizations say the so-called Indian Trader regulations need to be changed.
California and a Native American tribe on Wednesday swapped blows in the tribe's suit accusing the state of renegotiating a gaming compact in bad faith in violation of the Indian Gaming Regulatory Act, with each side opposing the other's bid for summary judgment.
The Federal Communications Commission voted on Thursday to move forward with altering the way funds for the Lifeline subsidy program are awarded and disbursed, narrowing the range of services that the program applies to and contemplating a budget cap and tighter eligibility requirements for tribal lands.
A former U.S. Department of the Interior policy leader who has blasted the Trump administration over its approach to climate change sued the agency Tuesday for allegedly stalling on his request for information about how employees were reassigned after the January inauguration.
The U.S. Environmental Protection Agency on Wednesday identified more than 2,000 counties in the U.S., as well as tribal lands, that meet ozone standards set in 2015, weeks after environmentalists threatened to sue the agency for blowing a statutory deadline to publish the list.
Clients are beginning to expect and demand that their external lawyers provide advice tailored to the client's industry. Aside from this, law firms should want to move toward a sector approach because industry-focused groups are a natural place for cross-practice collaboration to flourish, say Heidi Gardner and Anusia Gillespie of Harvard Law School.
In their new book, "The Judge: 26 Machiavellian Lessons," do Ronald Collins and David Skover prove their thesis that hypocrisy is the key to judicial greatness? Some of the examples they present are hard to dispute, says Judge Alex Kozinski of the Ninth Circuit.
Even though four of Allergan’s patents were invalidated in the Eastern District of Texas on Monday, the inter partes reviews will likely continue. While the Saint Regis Mohawk Tribe's sovereign-immunity motion may succeed at the Patent Trial and Appeal Board, Congress can — and should — render this whole debate moot, says Joshua Landau, patent counsel at the Computer and Communications Industry Association.
Financial Crisis Anniversary
After nearly a decade of recession-accelerated change in the legal industry, “merit-based” compensation has largely come to mean measuring attorney success using some combination of origination and working attorney hours metrics. However, there are signs that the real impact of the recession is still around the corner, and that building a book isn’t enough, says Peter Zeughauser of Zeughauser Group.
While it lends more than $100 million each year to our nation’s college students — including law students — the U.S. Department of Education surprisingly limits loan counseling to one-time entrance counseling for first-time student borrowers. Is this rational? asks Christopher Chapman, president of AccessLex Institute, a nonprofit focused on access to legal education.
The shift to electronic filing has somewhat eased the task of reviewing briefs and their supporting files. An e-brief takes e-filing to the next level, says Christine Falcicchio, a principal at Strut Legal Inc.
Asian-Americans are the fastest-growing minority in the legal profession, but recent studies confirm their underrepresentation among partners, prosecutors, judges and law school administrators. We must take action, say Goodwin Liu, associate justice of the California Supreme Court, and Ajay Mehrotra of the American Bar Foundation.
Judge Shira Scheindlin recently published an op-ed in The New York Times discussing the statistical truth that law firms have poor representation of female attorneys as first-chair trial lawyers. Backed by data collected by the New York State Bar Association, Judge Scheindlin’s observation is not merely anecdotal. But it doesn’t have to be inevitable, says Sarah Rathke, a partner and trial lawyer at Squire Patton Boggs LLP.
If conducted properly, depositions can be a powerful tool. At times, though, opposing counsel employ tactics to impede the examiner’s ability to obtain unfiltered, proper testimony from the deponent. By knowing and effectively using applicable rules and case law, however, deposing attorneys can take specific steps to combat these tactics, say attorneys with Ogletree Deakins Nash Smoak & Stewart PC.
Litigator Roberta Walburn’s rollicking new book, "Miles Lord: The Maverick Judge Who Brought Corporate America to Justice," is a really good read — a fascinating story about a life lived in the heat of battle and usually at the edge of what might have been considered appropriate for a federal judge, says Chief U.S. District Judge John Tunheim of the District of Minnesota.