Native American

  • November 20, 2017

    BLM Tells 10th Circ. No Need To Revisit Frack Rule Decision

    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.

  • November 20, 2017

    Mass. Pushes Justices To Hear Martha's Vineyard Casino Row

    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.

  • November 20, 2017

    Restasis Buyers Hit Allergan With Antitrust Suit

    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.

  • November 20, 2017

    Tribe Invokes Immunity In $10M Cannabis Contract Dispute

    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.

  • November 20, 2017

    DOI Still Seeking Cobell Claimants As Deal Deadline Looms

    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.

  • November 20, 2017

    Tribe Tells 9th Circ. Union Dispute Must Not Be Arbitrated

    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. 

  • November 20, 2017

    Neb. Regulators Approve Keystone XL Pipeline Route

    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.

  • November 17, 2017

    Wash. Reps Float Bill To Speed Up DOI Water Project Reviews

    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.

  • November 17, 2017

    Cherokee Nation Latest To Accuse Tuna Cos. Of Price Fixing

    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.

  • November 17, 2017

    ND Tribe Member Urges Rethink Of Co.'s Win In Royalty Row

    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.

  • November 17, 2017

    Alaska Tribal Health Org Sues For Land Cleanup, Transfer

    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.

  • November 17, 2017

    Mich. Tribe Wins Bid To Strengthen Casino Doc Protections

    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.

  • November 16, 2017

    Tribe Seeks Injunction Against Hemp-Seizing Calif. County

    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.

  • November 16, 2017

    Keystone Leaks 210K Gallons With Permit Decision Pending

    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.

  • November 16, 2017

    DOI Watchdog Says Zinke Didn't Document Travel Expenses

    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.

  • November 16, 2017

    Tribes Hoping Overhaul Of BIA Regs Will Catalyze Deals

    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.

  • November 16, 2017

    Calif., Tribe Trade Blows In Gaming Compact Row

    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.

  • November 16, 2017

    Split FCC Votes To Limit Lifeline Subsidy Uses

    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.

  • November 15, 2017

    Ex-DOI Scientist Sues For Employee Reassignment Info

    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.

  • November 15, 2017

    EPA Unveils Some Ozone Info After Enviro Lawsuit Threat

    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.

Expert Analysis

  • Law Firms Must Transition To An Industry Sector Approach

    Heidi Gardner

    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.

  • Series

    Judging A Book: Kozinski Reviews 'The Judge'

    Judge Alex Kozinski

    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.

  • Opinion

    Tribal Immunity May Not Be Wonder Drug For Allergan

    Joshua Landau

    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

    New Post-Recession Metrics For BigLaw Partner Success

    Peter Zeughauser

    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.

  • Opinion

    Time To Lift Student Loan Counseling Restrictions

    Christopher Chapman

    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.

  • Why You Should Consider Hyperlinking Your Next Brief

    Christine Falcicchio

    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 Facing Challenges In The Legal Industry

    Goodwin Liu

    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.

  • A BigLaw Ladies’ Guide To Becoming A 1st-Chair Trial Lawyer

    Sarah Rathke

    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.

  • 5 Tips To Ensure Proper Deposition Behavior

    Brian McDermott

    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.

  • Series

    Judging A Book: Tunheim Reviews 'Miles Lord'

    Chief Judge John Tunheim

    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.