Native American

  • September 25, 2017

    Enviros, Tribes Seek To Jump-Start Obama-Era Methane Regs

    The U.S. Bureau of Land Management violated the Administrative Procedure Act when it delayed Obama-era regulations limiting methane gas emissions on public lands, environmentalists and tribal groups told a California federal judge at a hearing Monday.

  • September 25, 2017

    Patent Owner In Apple IPad Suit Has Ties To ND Tribe

    A patent that Apple Inc. has been accused of infringing with its iPad was transferred to a patent holding company with ties to a Native American tribe in North Dakota, a deal that records show took place weeks before Allergan PLC’s controversial patent licensing arrangement with a New York tribe.

  • September 25, 2017

    'We're Laundering Money,' $2B Payday Loan Fraud Jury Hears

    A former tribal office manager on Monday conceded that she snooped on email and poached documents related to racer Scott Tucker and attorney Timothy Muir's payday loan empire, but not before Manhattan jurors hearing charges against Tucker and Muir heard the witness tell her boss that she thought the tribe was laundering money.

  • September 25, 2017

    BP, ARCO Seek Out Of Tribal Contamination Suit

    BP America Inc. and Atlantic Richfield Co. urged a Nevada federal judge on Friday to bar the Yerington Paiute Tribe from suing them in tribal court over environmental damage allegedly caused by ARCO's predecessor at an abandoned copper mine, saying they aren’t members of the tribe.

  • September 25, 2017

    EPA Permit Reviews Could Weaken Under Reorganization

    The U.S. Environmental Protection Agency said its recent decision to pull a key permitting oversight team into Administrator Scott Pruitt’s office is intended to help the Trump administration meet its goal of expediting federal infrastructure projects, but experts say that conflicts with the team’s traditional priorities and could weaken permit reviews.

  • September 22, 2017

    9th Circ. Affirms Narrowed Fishing Area For Wash. Tribe

    A Ninth Circuit panel Friday said that the Suquamish tribe does not have the right to fish in an area on the eastern side of Washington's Puget Sound, upholding a ruling that there was no evidence presented in a key 1975 hearing that the tribe ever fished or traveled through the area.

  • September 22, 2017

    Restasis Patent Challenges Must Be Tossed, Tribe Tells PTAB

    The Saint Regis Mohawk Tribe, owner of patents for the best-selling eye drug Restasis following a surprise deal with Allergan PLC, told the Patent Trial and Appeal Board on Friday that challenges to the patents must be tossed and laid out its case for why tribal sovereign immunity shields them from review.

  • September 22, 2017

    Museum Receives Ownership Of Native American Artifacts

    The ownership of more than 150 artifacts of Native American tribal communities will be transferred to the Salem, Massachusetts-based museum that has stored the collection for more than 70 years.

  • September 22, 2017

    BIA Unlawfully Approved Change To Tribal Gov’t, Suit Says

    Members of the Cayuga Nation have sued the Bureau of Indians affairs in Washington, D.C., federal court, alleging the agency's decision to allow a mail-in survey to settle a tribal leadership dispute violated the tribe’s ability to govern itself and was determined by a biased official.

  • September 22, 2017

    Supreme Court Petitions To Watch In Native American Law

    The U.S. Supreme Court has so far agreed to hear only one case in its upcoming term directly impacting a Native American tribe, but a clutch of intriguing petitions that could have major impacts on tribal interests could still earn a review by the justices. Here are four pending petitions Native American law attorneys are keeping a close eye on.

  • September 22, 2017

    Indian Health Service Says Parents Rushing Baby Injury Row

    The Indian Health Service and the Chickasaw National Medical Center told an Oklahoma federal court in three separate filings this week that they are doing their best to respond to the flood of requests made by parents alleging they suffered expenses due to their child’s brain injury suffered at the center.

  • September 22, 2017

    NTIA Floats Opening 911 Subsidy To Tribes Directly

    The National Telecommunications and Information Administration has proposed renewing and updating a 911 upgrade program that helps states implement broadband-friendly emergency services systems by opening up the subsidy program to tribal organizations directly.

  • September 21, 2017

    Tribal Lender Claims Immunity From Challenge To Immunity

    An online lender accused of striking “rent-a-tribe” deals with a Native American tribe in order to benefit from tribal immunity urged a Virginia federal judge Tuesday to dismiss a proposed class action over its lending practices, saying it is, in fact, a sovereign arm of the Chippewa Cree tribe and therefore immune from the litigation alleging false immunity.

  • September 21, 2017

    Tribe Can't Dodge Arbitration In Labor Dispute, Union Says

    A union that represents casino employees hit back on Thursday at a bid by the Shingle Springs Band of Miwok Indians to suspend court-ordered arbitration in a labor dispute involving a tribal casino and two fired workers, telling a California federal judge the tribe is unduly delaying a swift resolution to the matter.

  • September 21, 2017

    AGA Calls For Unity With Native Group On Sports Betting Ban

    The American Gaming Association on Thursday asked members of the National Indian Gaming Association to continue working alongside the AGA in its efforts to get the federal prohibition on sports gambling lifted.

  • September 21, 2017

    10th Circ. Slams Door On BLM Fracking Rule Litigation

    The Tenth Circuit on Thursday tossed litigation challenging an Obama-era federal rule that strengthened hydraulic fracturing regulations on federal and Native American lands, saying it was pointless to proceed in light of the Trump administration’s decision to rescind the rule.

  • September 21, 2017

    Industry Groups Sue FWS To Delist Endangered Beetle

    Nonprofit and industry groups filed suit in Oklahoma federal court on Thursday against the U.S. Fish and Wildlife Service arguing that it hadn’t addressed a petition to remove the American burying beetle from the endangered species list in a timely fashion and must do so.

  • September 21, 2017

    States, Province Want High Court To Nix Water Transfer Rule

    A coalition of seven states and a Canadian province have asked the U.S. Supreme Court to overturn a Second Circuit ruling that upheld a U.S. Environmental Protection Act rule exempting some water transfers from Clean Water Act review, saying that decision found ambiguity in the law when it wasn’t there.

  • September 21, 2017

    DC Circ. Won’t Rehear Challenge To $380M Tribal Payout Plan

    The D.C. Circuit on Wednesday declined to review its May decision rejecting challenges to a plan to redistribute $380 million left over from a landmark settlement of Native American farmers and ranchers’ racial discrimination claims.

  • September 20, 2017

    Mont. Justices Rule Water Claim Under State, Not Tribal, Law

    The Montana Supreme Court ruled Tuesday that water rights for land acquired by Scott Ranch LLC fell under state law and not under the authority of a tribal compact, overruling the state Water Court in a case that was described as a “somewhat unusual situation.”

Expert Analysis

  • Monthly Column

    Gray Matters: Clients Are Not Really 'Emotional'

    Gray Matters

    When you look at your client through the "survival circuit" lens, what first appeared as an emotional mess is now valuable information about what is important to them, what needs have to be met to settle the case, or what further clarity your client requires before moving forward, say dispute resolution experts Selina Shultz and Robert Creo.

  • Why Tribal Land Acquisition Developments Are Troubling

    Joshua Peterson

    Though the current administration's stance on Carcieri-fix bills remains unclear, it is unlikely that legislators will pass a fix to the conundrum created by the U.S. Supreme Court's decision in Carcieri. More probably, tribes will have to play by the administration's rules and hope they reflect the country's trust responsibility to Native American tribes, says Joshua Peterson of Faegre Baker Daniels LLP.

  • Having A Chief Privacy Officer Reassures Your Firm's Clients

    Rita Heimes

    When a law firm appoints a chief privacy officer, not only does the firm benefit from the crucial operational impact of a well-managed privacy program, but clients see how seriously you take your duties of confidentiality and competence, says Rita Heimes, research director at the International Association of Privacy Professionals.

  • Water Suppliers Litigation Is Making Waves In 2017

    Kelly McTigue

    So far, 2017 has seen some important movement in litigation involving water suppliers across the country. States including California, Georgia and Iowa are seeing pivotal moments in many long-running disputes about water-usage rights and water quality, say attorneys with O'Melveny & Myers LLP.

  • Weekly Column

    Innovating For Wise Juries: Discussions Before Deliberations

    Richard Lorren Jolly

    To be sure, allowing jurors to discuss evidence before final deliberations proved to be among the least popular of our recommended innovations. But empirical evidence belies these fears, say Stephen Susman, Richard Lorren Jolly and Dr. Roy Futterman of the NYU School of Law Civil Jury Project.

  • DOI Actions Underscore Need For Tribal Consultation

    Larry Roberts

    At a recent House hearing and in a subsequent notice, the U.S. Department of the Interior made clear that it is considering an agenda that would limit the restoration of tribal homelands to the detriment of future generations. Formal consultation with tribes is needed before the department makes any potential changes, says Larry Roberts of Kilpatrick Townsend & Stockton LLP.

  • 5 Questions Firms Should Ask When Evaluating Litigation AFA

    Gregory Lantier

    Law firm management should understand the client’s reasons for requesting an alternative fee arrangement, and whether approving the fee will help grow the relationship with the client, say attorneys with WilmerHale.

  • For Law Firm Offices, Business Savvy Is The New Cool

    Craig Braham

    Having embraced the notion that the right space can reinforce the right firm culture, law firm leaders have been evaluating real estate primarily for its physical properties. However, it's hard to be collegial, even in the coolest of in-house coffee bars, if your cost structure is untenable, says Craig Braham of Advocate Commercial Real Estate Advisors LLC.

  • Planning A Legal Career With A Future Relocation In Mind

    Jacqueline Bokser LeFebvre

    Lawyers move to New York City to work on some of the most sophisticated work the legal market has to offer. This exposure and experience is an amazing asset and many of the skills developed will make associates very marketable in the event they consider relocating to another market. However, this isn’t always the case, says Jacqueline Bokser LeFebvre of Major Lindsey & Africa.

  • 4 Female Perspectives On BigLaw Leadership

    Regina Pisa

    Only a handful of the largest U.S. law firms are led by women. Here, in their own words, are perspectives from Shook Hardy & Bacon Chair Madeleine McDonough, Crowell & Moring Chair Angela Styles, Morgan Lewis & Bockius Chair Jami Wintz McKeon and Goodwin Procter Chair Emeritus Regina Pisa.