Native American

  • January 31, 2017

    3 Gorsuch Opinions You Need To Read Right Now

    President Donald Trump's U.S. Supreme Court nominee Judge Neil Gorsuch is a 10-year veteran of the Tenth Circuit and has under his belt hundreds of opinions that can be mined for clues as to what kind of Supreme Court justice he would be. Here are three opinions by Judge Gorsuch to read right now.

  • January 31, 2017

    Trump Nominates Judge Gorsuch For High Court Seat

    President Donald Trump on Tuesday nominated Tenth Circuit Judge Neil Gorsuch to fill a Supreme Court seat that has remained vacant since the death of Justice Antonin Scalia in February 2016, picking a well-respected figure in the conservative legal establishment who would restore the nation’s top bench to a Republican majority and likely break the recent spate of 4-4 ties.

  • January 31, 2017

    Senecas Say Feds Can't Dodge Health Care Funding Suit

    The Seneca Nation of Indians pushed back Tuesday in D.C. federal court against the U.S. Department of Health and Human Services' bid to toss the tribe's suit seeking $4.7 million in annual federal health care funds, saying the suit's claims are ripe and don't need to wait for a related suit to end.

  • January 31, 2017

    Payday Lender Tells 2nd Circ. Claims Must Go To Arbitration

    Affiliates of Chippewa Cree payday lender Plain Green LLC urged the Second Circuit Monday to overturn a Vermont federal court decision that they are subject to a proposed Racketeer Influenced and Corrupt Organizations Act class action by customers in the Green Mountain State, saying the borrowers had clearly agreed to have their claims sent to arbitration.

  • January 31, 2017

    County Asks DC Circ. To Nix DOI's Tribal Casino Approval

    A California county urged the D.C. Circuit on Monday to overturn a lower court ruling dismissing the county's bid to block a proposed casino for the Mechoopda Tribe, saying when the U.S. Department of the Interior took land for the project into trust it repeatedly ignored information that showed the tribe didn’t have a direct connection to the site.

  • January 31, 2017

    Republicans Move To Block Obama Stream, Methane Rules

    Republican lawmakers from both congressional chambers floated pieces of legislation Monday to repeal controversial Obama administration rules aimed at minimizing coal mining's harm to surface water and groundwater and limiting methane releases from drilling operations on federal and Native American lands.

  • January 31, 2017

    $15M CashCall Deal To End Payday Borrowers' Suit

    Virginia payday borrowers are set to receive $15.3 million in restitution and debt relief, after a federal judge preliminarily signed off Monday on a settlement of their claims against tribe-connected CashCall Inc., its president and a Nevada collection agency over an alleged scheme to violate payday lending laws.

  • January 31, 2017

    Trump's Interior, Energy Noms Coast To Final Senate Vote

    Secretary of the Interior nominee Ryan Zinke and Secretary of Energy nominee Rick Perry were easily approved by the Senate Committee on Energy and Natural Resources on Tuesday, paving the way for their likely confirmation by the full Senate.

  • January 30, 2017

    Tribe Member Loses Suit Over USDA Deal's Leftover $380M

    A D.C. federal judge on Monday tossed a proposed class action challenging the federal government’s plan to redistribute $380 million in unclaimed funds from a $680 million settlement with the U.S. Department of Agriculture over racial discrimination, saying the plaintiff lost the right to ask for more money when he took his share of the deal.

  • January 30, 2017

    Calif. County Challenges BIA Over 1,400 Trust Acres For Tribe

    The county of Santa Barbara sued the Bureau of Indian Affairs in California federal court on Saturday to challenge a decision taking more than 1,400 acres of land into trust for the Santa Ynez Band of Chumash Indians for tribal housing and economic development, claiming the decision flouted trust acquisition regulations and environmental law.

  • January 30, 2017

    Calif. Tribe Wins Bid To Revise Geothermal Lease Ruling

    A California federal judge on Friday granted the Pit River Tribe's bid to alter his judgment in its suit against the U.S. Bureau of Land Management to block geothermal leases on land sacred to the tribe, saying he ordered the agency to reconsider the leases under the wrong version of a federal law.

  • January 30, 2017

    Swinomish Seek Redo In Oil Shipping Row With Railroad

    The Swinomish Indian Tribal Community asked a federal judge in Washington state Friday to reconsider his ruling that BNSF Railway Co. breached a right-of-way easement agreement with the tribe but that the Swinomish must ask a different forum to limit the railroad’s activity.

  • January 30, 2017

    Sioux Tribe Fears Trump Memo Dooms Dakota Pipeline Fight

    The Standing Rock Sioux Tribe expressed fears Monday that Dakota Access LLC will finish construction on its $3.8 billion pipeline before the tribe can mount an emergency legal challenge, suggesting little optimism about a federal review of the project in the wake of an executive order from President Donald Trump.

  • January 30, 2017

    Feds Fight Arapaho Contract Claims In Shoshone Row

    The federal government on Friday shot back at the Northern Arapaho Tribe’s claim that the Bureau of Indian Affairs improperly rejected proposals to operate a tribal court and offer counseling services under federally funded contracts, saying the tribe has submitted proposals for contracts without seeking the consent of another tribe that shares its Wyoming reservation.

  • January 30, 2017

    Trump Signs 'One In, Two Out' Order On Rulemaking

    The reach of federal regulations could soon be sharply curtailed, as President Donald Trump on Monday morning signed an executive order that requires two regulations be nixed for each new rule passed, potentially grinding future rules to a halt this year.

  • January 27, 2017

    Judge Won't Free Assets Tied To Pro Racer's Lending Scheme

    A trailer company can’t unfreeze assets it owns that are connected to a $1.3 billion judgment against race car driver and alleged payday loan mogul Scott Tucker and his companies, even though the company isn’t a party to the suit, a Nevada federal judge said Thursday.

  • January 27, 2017

    Tribal Co. Can't Get Redo On $27M Air Force Staffing Protest

    The Government Accountability Office has declined to re-examine a Choctaw Nation company's challenge to a $27 million U.S. Air Force staffing contract awarded to a rival contractor, rejecting the protester's claims that its initial decision contained factual errors relating to past performance.

  • January 27, 2017

    Fed. Circ. Revives Tribal Shooting Cover-Up Row

    The Federal Circuit revived allegations that U.S. officials participated in the cover-up of an Ute Indian Tribe member’s death in a confrontation with Utah police, holding in a precedential ruling Friday that the U.S. Court of Federal Claims too narrowly applied a provision contained in an 1868 federal treaty with the tribe.

  • January 27, 2017

    Idaho Tribe, Feds Reach Deal To Block 'Megaload' Shipments

    The Nez Perce Tribe and an environmental group reached a deal with the U.S. Forest Service that was approved by an Idaho federal judge Friday, resolving claims that the agency flouted its own rules by allowing energy companies to haul massive loads of equipment through a protected river corridor.

  • January 27, 2017

    Treaty May Let Seneca Member Litigate Tax Refund Claim

    The IRS failed in its bid to throw out a lawsuit from a member of the Seneca Nation of Indians trying to recover thousands of dollars in taxes and penalties when a magistrate judge said that a tax exemption might be allowed under a treaty.

Expert Analysis

  • Rules Of Civil Procedure Updates Affect E-Discovery

    Patrick Reilly

    On Dec. 1, 2016, the annual updates to the Federal Rules of Civil Procedure went into effect. Revisions include the end of the three-day “mail rule” extension for electronically served discovery, an amendment regarding service of internationally based corporate defendants, and a technical change regarding venues in maritime law actions, say Patrick Reilly and Eldin Hasic of Faegre Baker Daniels LLP.

  • The Path To The California Bench

    Judge George F. Bird

    Ever consider applying for a judicial appointment in California? Get the lay of the land from Judge George Bird of the Los Angeles Superior Court and Kimberly Knill, a senior appellate court attorney for the California Court of Appeal. Additionally, hear what several recent appointees to the LA Superior Court thought of the judicial selection process.

  • 3 Tips To Avoid Being On The Outs With In-House Counsel

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    When trial lawyers fail to recognize the unique challenges faced by in-house counsel, it jeopardizes not only the outcome of the case, but also the opportunities for future representation. These few simple strategies are hardly rocket science, but they are too often neglected, says Matthew Whitley
 of Beck Redden LLP.

  • The Horrible Conflict Between Biology And Women Attorneys

    Anusia Gillespie

    Women leave law firms for many of the same reasons men do, but also face challenges including headwinds with respect to assignment delegation and social outings, as well as potential disruptions if they choose to have children. Firms can increase investment in talent management and improve retention and engagement of women attorneys, says Anusia Gillespie of Banava Consulting.

  • Lawyer EQ: Finding Success In Every Interaction

    Judith Gordon

    American legal education relies almost exclusively on analytical thinking. But success in legal practice depends in large part upon an accurate emotional understanding of oneself and the human seated opposite us. Honing emotional intelligence skills can lead to greater success, and Judith Gordon of LeaderEsQ offers a few tools that can be implemented immediately to raise one’s emotional intelligence quotient.

  • Managing Intergenerational Differences Within Your Law Firm

    Najmeh Mahmoudjafari

    We are privileged to be part of an employment market that hosts employees from various generations. While “differences” may imply inherent conflict, intergenerational differences can actually be used to an advantage for organizations — especially law firms, say Najmeh Mahmoudjafari, founder of ImmigraTrust Law, and William Martucci of Shook Hardy & Bacon LLP.

  • Philip Hirschkop: Quietly Making Noise For 50 Years

    Randy Maniloff

    The first paragraph of Philip Hirschkop’s obituary is going to contain the word "Loving." That’s undeniable. But many of Hirschkop’s other cases are just as groundbreaking in their own right. They aren’t household names like Loving, but they have affected millions in the nation’s households, says Randy Maniloff of White and Williams LLP.

  • The Ethical Risks Of A Multijurisdictional Practice

    Melinda Gentile

    As law firms and clients conduct more business on a regional or national scale, multijurisdictional practice is becoming more prevalent for practicing attorneys. Attorneys engaged in both private practice and as in-house counsel need to be aware of the ethical risks of practicing across jurisdictions — including the implications of engaging in the unauthorized practice of law, say Melinda Gentile and Monique Cardenas of Peckar & Abramson PC.

  • How Law Firms Are Using Analytics To Reduce Write-Offs

    Haley Altman

    It is increasingly necessary for law firms to implement strategies to improve efficiency, staffing and value to meet client needs. Haley Altman, CEO and co-founder of Doxly Inc., discusses how to successfully leverage analytical tools and emerging technology to increase profitability.

  • OPINION: Time To Recognize Standing Rock's Significance

    Ezra Rosser

    In his second inaugural address, President Obama stated that the most evident of truths, that all people are created equal, guided the United States through Seneca Falls, Selma and Stonewall. We are in a moment that calls for recognition of Standing Rock as a fourth location in this list, says Ezra Rosser, professor of law at American University Washington College of Law.