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Native American

  • July 18, 2018

    Wis. Tribe To Head Native American Suit Over Equifax Breach

    The St. Croix Chippewa Indians of Wisconsin on Tuesday filed a putative class action against Equifax Inc., alleging that the tribe was harmed by the credit reporting agency's inability to keep confidential information secure, filing not only on behalf of itself but also on behalf of all other federally recognized tribes.

  • July 17, 2018

    Washoe Tribe Insists It's Shielded From Doc's Firing Suit

    The Washoe Tribe of Nevada and California pressed a Nevada federal court Monday to toss a suit brought by a tribe member who was the head physician at the tribe’s health center for over a decade, saying the tribe is immune from claims he was illegally fired for serving overseas in the military.

  • July 17, 2018

    Gaming Cos. Urge Fla. Court To Find 'Pre-Reveal' Slots Legal

    Purveyors of so-called pre-reveal gaming machines argued before a Florida appeals court Tuesday that the devices should not be covered by a state law restricting slot machines, in a case that could carry major implications for gambling in the state.

  • July 17, 2018

    Energy Dept. Kicks Off $2B Tribal Loan Guarantee Program

    The U.S. Department of Energy on Tuesday launched a loan guarantee program worth up to $2 billion that is intended to help spur energy development and attract private lending in Native American communities, according to a department statement.

  • July 17, 2018

    HHS-Funded Tribal Facility Biased Against Whites, Suit Says

    Four former administrators at the Toiyabe Indian Health Project filed suit in California federal court against the Indian Health Service alleging that they were discriminated against because they are white, arguing they were subject to harassment and that some of their nonwhite replacements were less qualified.

  • July 17, 2018

    Tribe Asks DC Circ. To Halt FCC Lifeline Subsidy Changes

    A Native American tribe has asked the D.C. Circuit to stay a Federal Communications Commission's decision meant to lower the monthly cost of phone and internet for low-income Americans, arguing that the move will instead cut off important subsidies telecommunication providers need to reach rural tribal members. 

  • July 16, 2018

    SD Can't Collect Excise Tax From Tribe's Casino Renovation

    South Dakota can no longer impose an excise tax on a Native American tribe’s casino renovation project, but the tribe cannot sue the state in federal court for a refund of the amount it was already forced to pay, according to a district court ruling Monday.

  • July 16, 2018

    DOI Beats Challenge To North Fork Casino Project Green Light

    The U.S. Department of the Interior didn't violate the Indian Gaming Regulatory Act by allowing North Fork Rancheria of Mono Indians to operate slot machines and banking card games in a casino on nonreservation land, a California federal judge ruled, tossing a challenge to the decision from two nearby, existing card rooms.

  • July 16, 2018

    Pai Rejects Sen.'s Concern Tribes Lacked Input On 5G Rule

    Federal Communications Commission Chairman Ajit Pai has rebuffed a Democratic senator's concerns the agency didn’t adequately consult with Native American tribes before making a rule change allowing wireless carriers to sidestep historic preservation and environmental reviews for the small-cell fixtures used for next-generation 5G networks.

  • July 16, 2018

    Developer Bulldozed Native American Remains, Calif. DA Says

    Yolo County District Attorney Jeff Reisig’s office in California announced on Friday a lawsuit accusing the owners and developers of a residential development in West Sacramento of bulldozing Native American human remains during construction.

  • July 16, 2018

    Tribal Business Wants Out Of California Cigarette Tax Laws

    A business entity of the Big Sandy Rancheria Band of Western Mono Indians filed suit against the California attorney general in federal court asking for a declaration that it is not subject to certain state tax requirements on the sale of tobacco products.

  • July 13, 2018

    Feds Oppose High Court Review Of Tribes' Housing Grant Bid

    The federal government has urged the Supreme Court to deny the Lummi Tribe's petition for a high court review of a Federal Circuit decision that didn’t go in its and other Native American agencies’ favor, arguing the appeals court correctly concluded that a certain housing assistance act doesn’t control grant awards.

  • July 13, 2018

    Enviros Seek Quick Win In Suit Over Enbridge Spill Plan OK

    The National Wildlife Federation on Thursday continued to urge a Michigan federal judge to hand it a quick win on its claims that the U.S. Department of Transportation unlawfully approved Enbridge Energy’s oil spill response plans for a Wisconsin-to-Ontario pipeline without properly reviewing whether those plans squared with federal environmental statutes.

  • July 13, 2018

    Tribes Talking With New Potential Owner For Power Plant

    The Navajo Nation and the Hopi Tribe have said they have been in talks with two companies to possibly take over the ownership and operation of the Navajo Generating Station, a massive 2,250-megawatt coal-fired power plant.

  • July 13, 2018

    House Pushes Through Fed. Water Facility Title Transfer Bill

    A piece of bipartisan legislation aimed at making it easier for nonfederal entities like Native American tribes and local utilities to acquire title transfers for federal water facilities has passed through the U.S. House of Representatives, according to congressional leaders.

  • July 13, 2018

    Ex-General Counsel Of Florida Tribe Disbarred

    The Florida Supreme Court has permanently disbarred the former general counsel for the Miccosukee Tribe of Indians who allegedly had perpetuated “massive fraud” on South Florida federal and state courts.

  • July 12, 2018

    3 Takeaways From The EPA's Water Rule Rollback Notice

    One of the U.S. Environmental Protection Agency’s first acts under the Trump administration was to propose rolling back an Obama-era rule that defined the federal government’s jurisdiction under the Clean Water Act, and a new legal analysis published Thursday is intended to beef up the case for rescission in anticipation of legal challenges, experts said.

  • July 12, 2018

    Tribe Can't Revisit DOI Casino Land Ruling In 9th Circ.

    A Ninth Circuit panel on Thursday denied a request by the Cachil DeHe Band of Wintun Indians of the Colusa Indian Community that it rethink its ruling backing the U.S. Department of the Interior’s decision to acquire land for another California tribe’s casino project.

  • July 12, 2018

    Enviros Look To Halt Road In Alaska Land Swap Suit

    A coalition of environmental groups on Wednesday looked to earn a victory in their lawsuit challenging the U.S. Department of the Interior’s approval of a land swap deal that would facilitate the construction of a road across a national wildlife refuge, arguing the agency failed to follow proper review procedures and adhere to environmental impact requirements.

  • July 12, 2018

    Tribes Fight FCC Bid To Pause Small-Cell Rule Challenges

    A host of tribes have urged the D.C. Circuit not to grant the Federal Communications Commission's bid to put on hold combined challenges to an agency rule that exempts from environmental and historic reviews small-cell fixtures necessary for building up next-generation or 5G networks.

Expert Analysis

  • Opinion

    Recovering Lawyers' Lost Position Of Independence

    Samuel Samaro

    In these politically divisive times, many ask whether our institutions and traditions can help us return to a greater consensus. In days long past, the legal profession could have been counted on to serve just such a function. But lawyers are now just as polarized as everyone else, says Samuel Samaro of Pashman Stein Walder Hayden PC.

  • 8 Reasons To Take A Fresh Look At Your Law Office Lease

    Tiffany Winne

    After moving into a new law office, tenants often file their signed leases away, figuring that the terms are set for a few years at least. However, leases can be very flexible instruments, and should be reviewed annually even if nothing seems amiss, says Tiffany Winne of Savills Studley Inc.

  • A General Counsel's Tips For Succeeding As A New Associate

    Jason Idilbi

    Based on his experience as a BigLaw associate for six years and now as general counsel for a tech startup, Jason Idilbi of Passport Labs offers some best practices for newer associates — whether they are serving external clients or senior attorneys within their firms.

  • Trade Association Dues: Calculating The Deduction Post-TCJA

    Andrew Emerson

    Trade associations and businesses lost the deduction for lobbying at the local and tribal level in last year's tax overhaul. Now they need to reassess the percentage of dues members can deduct or risk proxy tax liability, says Andrew Emerson of Holland & Knight LLP.

  • Series

    Judging A Book: Berzon Reviews 'We The Corporations'

    Judge Marsha Berzon

    My advice to prospective clerks will now include the suggestion that they read Adam Winkler's new book, "We the Corporations: How American Businesses Won Their Civil Rights," for the same reason I recommend taking a corporations course — appreciating the critical role of business corporations in American life and law, says Ninth Circuit Judge Marsha Berzon.

  • What ABA’s Position On Harassment Means For Employers

    Minjae Song

    In the #MeToo era, the American Bar Association’s recently passed Resolution 302 is a reminder of harassment policy best practices to all employers, and it should be of particular interest to employers in the legal industry, say attorneys with Hunton Andrews Kurth LLP.

  • Infrastructure Funding Is On The Rise In Indian Country

    Michael Connor

    For Native American communities, decades of underinvestment have resulted in decaying or nonexistent infrastructure across all sectors. Though there is still a long way to go, some recent new and proposed funding sources for infrastructure development on tribal lands are a step in the right direction, say Michael Connor and Raya Treiser of WilmerHale.

  • Practical Considerations For Litigating Proportionality

    Elizabeth McGinn

    By incorporating an explicit requirement that discovery must be “proportional to the needs of the case,” the 2015 amendments to the Federal Rules of Civil Procedure garnered much speculation as to their impact on courts’ decision-making processes. Now that the rules have been implemented for over two years, several themes have emerged, say attorneys with Buckley Sandler LLP.

  • Supporting Nontraditional Data Types In E-Discovery

    Jason Paroff

    The advancement in connected technologies and software has created an explosion of nontraditional data sources that present challenges to e-discovery practitioners. Many tools and techniques used to process traditional data may not be practical for these new data types, say Jason Paroff and Sagi Sam of Epiq.

  • A New Question On Tribal Fishing Rights For High Court

    Corrie Plant

    Based on recent oral arguments in Washington v. United States — a case involving the off-reservation fishing rights of 21 Native American tribes in the Pacific Northwest — it appears that the U.S. Supreme Court will likely announce some standard of what constitutes violation of these tribal rights, says Corrie Plant of Bick Law LLP.