Native American

  • April 5, 2017

    Seneca Nation’s Halt To Revenue Sharing Raises Questions

    The Seneca Nation’s recent decision to stop making $115 million in annual revenue-sharing payments to New York state came as a shock to many observers, but also exposed tensions that underlie casino revenue battles between tribes and states throughout the U.S. Here, Law360 looks at four key questions attorneys are asking about the Senecas' decision and its potential fallout.

  • April 5, 2017

    Enviros Seek Info On Icahn's Role In Trump Climate Agenda

    Earthjustice announced Wednesday that it has asked the U.S. Environmental Protection Agency for information about what kind of an impact activist investor Carl Icahn, in his role as special adviser to President Donald Trump on regulatory reform, has had on the new administration's climate change agenda.

  • April 5, 2017

    BNP Paribas Yanking Funding From Dakota Access Pipeline

    BNP Paribas on Wednesday became the third bank to announce the sale of its share in the loan financing the controversial Dakota Access Pipeline, citing “an extended and comprehensive review of the project, including consultation with all the relevant stakeholders.”

  • April 5, 2017

    Wash. Judge Won't Sanction Nooksack Members' Attys

    A Washington federal judge on Tuesday rejected a request for sanctions against a group of tribe members and their counsel for improperly filing a False Claims Act claim against several Nooksack Tribal Council members amid a disenrollment dispute, but said he would be keeping an eye out for “any future procedural errors.”

  • April 5, 2017

    Feds Urge 9th Circ. To Toss Tribal Casino Approval Appeal

    The National Indian Gaming Commission has asked the Ninth Circuit to toss an appeal of a decision that dismissed most of the claims in a suit from opponents of a California tribe’s San Diego-area casino, saying the federal appeals court lacks jurisdiction.

  • April 5, 2017

    EPA Employee Union Blasts Trump Energy Order, Budget Plan

    A union representing U.S. Environmental Protection Agency employees said Tuesday that budget cuts and climate change policy reversals from the Trump administration are imperiling the environment and public health.

  • April 5, 2017

    Calif. Tribe, County Ink $161M Deal For Casino Expansion

    The Yocha Dehe Wintun Nation and a California county said Tuesday that they have reached a 22-year deal for the tribe to pay the county and others more than $161 million for roads, public safety and other services connected with the expansion of the tribe’s casino hotel.

  • April 4, 2017

    Tribe Seeks To Stop Work On RI Viaduct Project

    The Narragansett Indian Tribe has filed a suit against federal and state agencies in Rhode Island federal court seeking to block the further construction of a Providence bridge project, saying an agreement has been breached that required the acquisition and transfer of land to the tribe.

  • April 4, 2017

    8th Circ. Finds 1905 Law Didn't Diminish Minn. Reservation

    The Eighth Circuit on Tuesday held that Congress did not intend to diminish the Red Lake Indian Reservation in Minnesota when enacting a law in the early 20th century, as a Native American man had argued it did when fighting federal felony charges that landed him in jail.

  • April 4, 2017

    Quick Win Upheld For Successor Lender In Casino Loan Row

    A Washington state appeals court on Monday affirmed a quick win given to a successor to a lender in its suit to recover outstanding debt from a tribal business corporation that borrowed money for a casino but later defaulted, saying the successor has the right to revenue from the facility's operations.

  • April 4, 2017

    DOI Pummels 'Illegitimate' Nooksack Group For Contract Suit

    The U.S. Department of the Interior pushed Monday to nix a suit in which a group claiming it's the Nooksack Indian Tribe accuses the agency of withholding millions in tribal funding, saying that the group is an "unelected, unrecognized and illegitimate" faction and has used its effective control to engage in "abusive behavior."

  • April 4, 2017

    DC Circ. Says DOI On Hook In Navajo Judicial Funding Row

    The D.C. Circuit on Tuesday revived the Navajo Nation's nearly $16 million lawsuit against the U.S. Department of the Interior claiming a judicial funding request must automatically be approved because the agency missed the deadline to respond to it, saying the government shutdown was too short to use as an excuse for its untimeliness.

  • April 3, 2017

    Judge Rejects First Nation's Challenge To Oil, Gas Deal

    The Supreme Court of British Columbia on Friday tossed a petition by Blueberry River First Nations challenging an oil and gas royalty agreement between the province and a Progress Energy Canada Ltd. joint venture, saying the indigenous group hadn’t shown an impact on its treaty rights that would’ve required a governmental consultation.

  • April 3, 2017

    DOI Moves To Ditch Obama-Era Mineral Royalty Rule

    The U.S. Department of the Interior on Monday said that it will scrap the Obama administration's update of how lease royalties for minerals on federal and Native American lands are calculated, taking another step to fulfill President Donald Trump's pledge to boost fossil fuel production on federal lands.

  • April 3, 2017

    New Mexico, Tribe Settle Property Tax Row

    A New Mexico federal judge on Friday dismissed a suit between a Native American tribe and the state of New Mexico after hearing from the parties that they’ve settled their dispute over assessing property taxes on tribal land, according to court documents.

  • April 3, 2017

    Justices Urged To Examine Law Blocking Tribal Casino Suit

    A Michigan man pressed the U.S. Supreme Court on Monday to revive his challenge to a tribal casino project near his land, saying the federal law that killed off his suit violates constitutional separation of powers principles even if it was only meant to block federal court jurisdiction over the suit.

  • April 3, 2017

    Justices Reject Challenge To DOI Land-Into-Trust Move

    The U.S. Supreme Court on Monday declined to take up a case asking whether the government could take land into trust for a Native American tribe that was formally recognized after an ostensible 1934 cutoff date, letting stand a more elastic approach to determining what tribes qualify.

  • April 3, 2017

    Judge Cuts Sprint's Atty Fee Request In Tribal Telecom Row

    A South Dakota federal judge has handed down only $36,798 in attorneys' fees to Sprint Communications Company LP, despite the company’s push for more than $690,000, after the judge held in August that a telecommunications company controlled by the Crow Creek Sioux Tribe improperly billed it for free conference calling services.

  • March 31, 2017

    House Dem Laments Energy Cos.' 'Lust' For Tribal Lands

    President Donald Trump's moves to roll back environmental regulations and speed up infrastructure projects are stoking the energy industry’s “fundamental lust” for development of public and tribal lands, Rep. Raul Grijalva, D-Ariz., told Law360 in an exclusive interview, adding that a controversial copper mine in Arizona is shaping up as a key battleground between the Trump administration and tribal interests.

  • March 31, 2017

    Acting DOJ Enviro Head Says Enforcement Is Still A Priority

    The acting head of the environmental division of the U.S. Department of Justice said Friday that enforcement will continue to be a priority under the Trump administration, but he signaled that there may be some areas in which it’s less inclined to act.

Expert Analysis

  • In Retrospect

    Relearning The Lessons Of Korematsu's Case

    Randy Maniloff

    Fred Korematsu’s U.S. Supreme Court case challenging President Franklin Roosevelt’s executive order that led to the incarceration of approximately 120,000 people of Japanese ancestry may sound like ancient history. However, Feb. 19 marks the 75th anniversary of the order's signing, and that it’s celebrating its diamond anniversary now is breathtaking timing, says Randy Maniloff of White and Williams LLP.

  • How A General Counsel Should Think About AI: Part 2

    Bruce J. Heiman

    General counsels face the challenging task of understanding how companies can navigate the rules surrounding uses of artificial intelligence. To get smart on AI, general counsels must ask the right questions about areas such as human resources, intellectual property, liability and insurance, say Bruce Heiman and Elana Reman of K&L Gates LLP.

  • How A General Counsel Should Think About AI: Part 1

    Bruce J. Heiman

    Though the Trump administration has yet to make an official statement regarding artificial intelligence, support for AI is consistent with its expressed desire to promote American business. As such, general counsel will inevitably have to navigate what big data and AI mean for compliance with current and future laws and regulations, say Bruce Heiman and Elana Reman of K&L Gates LLP.

  • Saving Lawyers 1 Less Drink At A Time

    Jennifer Gibbs

    Lawyers are likely turning to alcohol to lessen stress and anxiety, to socialize, and even to sleep better. Unfortunately, many are unaware that their nightly pour could be causing or exacerbating the anxiety that is plaguing the legal profession, says Jennifer Gibbs of Zelle LLP.

  • Opinion

    Lawyers Cannot Stay Silent While Trump Belittles The Courts

    Alexandra Wald

    This is not the first time that a president has criticized the judiciary. But what is unique about President Donald Trump's attacks is that they target not just a specific decision, but the judiciary and its decision-making power altogether. Every lawyer, regardless of political persuasion, must speak up, says Alexandra Wald of Cohen & Gresser LLP.

  • Marketing Basics For Solo Practitioners And Small Law Firms

    Matthew Horn

    There is no question that solo practitioners and small law firms need to spend the majority of time on legal work, but in order to achieve sustainable growth, marketing should not be a secondary task “put-off” until you have some free time, says Matthew Horn, founder of Legal Services Link LLC.

  • Law Firm Margin Improvement: The Long Game

    Jack Diggle

    For all the lessons learned since 2008, it's surprising that margin management remains so tactical, rather than an ongoing strategic endeavor, for law firms. The firms that will survive and thrive must invest in ongoing margin-improvement capability, which will combine enhanced business- and change-management skills and take a long-term view to drive out the more difficult changes, says Jack Diggle of Elevate Services Inc.

  • 2017 Check-Up: Is Your Law Firm Positioned For Success?

    William G. Johnston

    Over the next few weeks, a slow trickle of news about one measure of law firm success — law firm financial results — will gradually become a flood as more firms open up about their performance in 2016. Law firm leaders would be wise to focus on nine factors that determine success, says law firm management consultant William Johnston.

  • The Missing Key To 3rd-Party Litigation Funding

    Tripp Haston

    Unlike other forms of commerce and unlike in other nations, litigation investment and funding in the U.S. is largely unregulated with few disclosure requirements. Where darkness exists, ignorance and mistrust breed. Disclosure and transparency in litigation investment and funding is the first and proper step to better understand this opaque dynamic in the U.S. civil justice system, says Tripp Haston of Bradley Arant Boult Cummings LLP.

  • Opinion

    President Trump's Pipeline Memos Send The Right Message

    John Povilaitis

    Regardless of the final outcome of the Keystone XL and Dakota Access projects, President Trump’s pipeline memorandums send an appropriate message that failure to timely review and make balanced regulatory decisions on energy project proposals is unacceptable, say John Povilaitis and Alan Seltzer of Buchanan Ingersoll & Rooney PC.