Native American

  • March 6, 2017

    Texas, Tribe Press For Quick Wins In Bingo Battle

    The Alabama-Coushatta Tribe of Texas and the state battled in federal court filings Friday over the gambling machines the tribe furnishes at its East Texas facility, with the tribe contending it’s offering legal electronic bingo and the state claiming the games meet the definition of an illegal lottery.

  • March 3, 2017

    DOI Urges Justices To Reject Attack On Cowlitz Land Ruling

    The government has urged the U.S. Supreme Court to reject a challenge to its decision to take land into trust for a Washington tribe’s casino project, saying the tribe’s members fit the federal definition of “Indian” even though the tribe was formally recognized nearly 70 years after an ostensible cutoff date.

  • March 3, 2017

    NLRB Has Authority Over Calif. Tribal Casino, 9th Circ. Told

    The National Labor Relations Board has urged the Ninth Circuit to reject a California tribal casino’s bid to overturn a board decision that the casino can't stop employees from handing out union leaflets in guest areas, saying the casino counts as an employer under the NLRB’s governing statute.

  • March 3, 2017

    Nooksack Council Looks To Sink RICO Suit By Members

    Nooksack Tribal Council members urged a Washington federal judge Thursday to toss claims against them by several tribe members seeking to stave off disenrollment, saying the members’ suit is part of a long-running dispute within the tribe that doesn’t belong in federal court.

  • March 3, 2017

    Alaska Native Corp. Says Relator Took Privileged Docs

    An Alaska Native corporation urged a federal court on Wednesday to toss a False Claims Act suit by a would-be whistleblower accusing the company of abusing a Small Business Administration contracting program for disadvantaged groups through "sham" subsidiaries, saying the relator tainted the case “beyond repair" by allegedly taking privileged documents.

  • March 3, 2017

    Okla. Tribe Says Fracking-Linked Quakes Damaged Buildings

    The Pawnee Nation of Oklahoma filed a lawsuit in its tribal court Friday accusing two oil companies' fracking operations of triggering a recent record-breaking earthquake in the state that caused “extensive damage” to tribal government buildings.

  • March 3, 2017

    Tideland Owners Can't Duck Fishing Plan Dispute With Tribe

    A Washington federal judge on Thursday shot down a tideland owner’s bid for a quick win in a dispute with the Skokomish Indian Tribe over a fishing plan, saying evidence indicates the tribe has yet to receive its share of a shellfish harvest despite exercising its treaty rights.

  • March 2, 2017

    Sioux Slam Terror ‘Ruse’ Behind Bid To Shield Pipeline Docs

    Two Sioux tribes urged a D.C. federal judge Wednesday not to block the release of documents Dakota Access LLC claimed could be used by terrorists to target its controversial pipeline, saying the company is trying to shield “deeply flawed” documents addressing the risk of an oil spill from the project.

  • March 2, 2017

    Seminoles Say Fla. Gambling Bills Cut Into $3B Compact

    The Seminole Tribe of Florida has expressed its opposition to two gambling bills currently pending in the state Legislature that would affect the $3 billion compact negotiated with the state and said they might violate federal law.

  • March 2, 2017

    9th Circ. Not Hooked By Wash. Bid To Rehear Salmon Row

    Washington’s request that the Ninth Circuit reconsider its decision ordering the state to replace roughly 1,000 culverts to protect tribal salmon fishing rights didn’t fare well Thursday, with the judges amending their opinion merely to reject arguments the motion raised, including claims that the federal government should help cover replacement costs.

  • March 2, 2017

    SD Senator Floats Bill To Audit Indian Health Service

    U.S. Sen. Mike Rounds, R-S.D., has proposed a bill to require a thorough and independent audit of the Indian Health Service, saying the care provided by the U.S. Department of Health and Human Services agency has “reached crisis level.”

  • March 2, 2017

    4 Top Tribal Concerns As Zinke Takes Charge Of DOI

    Former Montana Rep. Ryan Zinke brings a short yet solid record working with Indian Country to his role as the newly confirmed secretary of the interior, but attorneys for Native American tribes will be watching how the Republican tackles federal land management, budget restrictions, energy projects and other issues as the Trump administration moves forward. Here are four key areas to keep an eye on as Zinke takes the reins at the DOI.

  • March 2, 2017

    Tribe Gets Emergency Injunction In NM Casinos Suit

    The Tenth Circuit on Wednesday granted the Pueblo of Pojoaque’s emergency bid to restore an injunction that blocks New Mexico from punishing third-party vendors for working with the tribe's casinos, but said the order is only temporary.

  • March 2, 2017

    Ohio Men Get Prison For Digging Up Native American Remains

    Two Ohio residents have been sentenced to prison time for digging up and trafficking the remains of Native Americans, in violation of the Native American Graves Protection and Repatriation Act, the U.S. Department of Justice said in an announcement on Wednesday.

  • March 1, 2017

    Scalia's Hand Guides Trump's Rollback Of Obama Water Rule

    President Donald Trump’s executive order calling for a review of a controversial Obama-era water rule draws inspiration from one of Trump’s favorite jurists, the late Justice Antonin Scalia, and lights a path for new or revised regulations that experts say could significantly scale back the federal government’s Clean Water Act permitting jurisdiction.

  • March 1, 2017

    Hogan Lovells Adds Environmental Partner In DC

    Hogan Lovells added an attorney with longtime experience working in government at top-level jobs, handling a range of issues from public land management to water infrastructure as a partner in the firm’s Washington, D.C., office, where she will join the firm’s environmental law practice and also spend time on Native American law.

  • March 1, 2017

    9th Circ. Won't Rethink Tribal Enrollment Dispute

    The Ninth Circuit said Tuesday it would not rethink upholding a win for the federal government in a dispute brought by the descendants of a Santa Ynez Band of Chumash Mission Indians member who sought to fight the denial of their applications for enrollment in the tribe and for increases in recorded blood degree.

  • March 1, 2017

    NM Pueblo Says State Actions Risk Shutting Down Its Casinos

    The Pueblo of Pojoaque told the Tenth Circuit on Tuesday that its bid last week to quickly restore an injunction to block New Mexico from punishing third-party vendors for working with the tribe's casinos is now an emergency, saying the state gaming control board has since threatened its major vendors with millions of dollars in fines.

  • March 1, 2017

    Money Centers Ch. 11 Court Says Tribes Out Of Jurisdiction

    A Delaware bankruptcy court found Tuesday it lacks jurisdiction over several Native American casinos that were targeted for avoidance actions in cash access provider Money Centers of America Inc.'s Chapter 11 proceeding.

  • March 1, 2017

    Arapaho Tribe Says BIA Must Approve Contracts

    The Northern Arapaho Tribe hit back Tuesday at the federal government’s claims that it submitted contract proposals to take funds allocated for services on a reservation it shares with another tribe without seeking that tribe's consent, arguing the government did not comply with the Indian Self-Determination and Education Assistance Act.

Expert Analysis

  • The Path Forward For Industrial Hemp In Indian Country

    Michael D. Reif

    Historically, the legality of growing industrial hemp has been complicated by the commodity's classification as a Schedule 1 drug. As the movement for national legalization marches on, tribes interested in growing hemp should take steps to ensure that they do not lose ground relative to non-Indian farmers, says Michael Reif of Robins Kaplan LLP.

  • 2016 Environmental Case Law Highlights: Part 3

    Anthony B. Cavender

    The final article in this series reviews some of the most significant environmental cases of 2016 decided in the Tenth and Eleventh Circuits, as well as several state supreme courts. Anyone who reads these cases will be impressed by the painstaking approach these courts apply to some of the most vexing and complicated cases on their dockets, says Anthony Cavender of Pillsbury Winthrop Shaw Pittman LLP.

  • Be Prepared For Law Firm Data Breach Litigation

    Scott Vernick

    The April 2016 leak of "Panama Papers" documents from law firm Mossack Fonseca removed any doubt that the threat of cyberattacks against the legal industry is more than hypothetical. While the case law on law firm data breach litigation has largely yet to be written, there are certain fundamental tenets worth reviewing, say Scott Vernick and Peter Buckley of Fox Rothschild LLP.

  • 2016 Environmental Case Law Highlights: Part 2

    Anthony B. Cavender

    In part 2 of this three-part review of 2016's most significant environmental cases, Anthony Cavender of Pillsbury Winthrop Shaw Pittman LLP highlights decisions from the Fifth, Sixth, Seventh, Eighth and Ninth Circuits. In particular, these cases reflect issues common to the energy-producing states as well as additional Endangered Species Act decisions.

  • 7 Legal Industry Predictions For 2017

    Haley Altman

    Since 2008, the legal relationship dynamic has consistently evolved, leading clients to demand more "value" for services received. In 2017, investment in and adoption of new technology and prioritizing cybersecurity will lead to an increase in billable hours and shifts in realization rates, says Haley Altman of Doxly.

  • 2016 Environmental Case Law Highlights: Part 1

    Anthony B. Cavender

    In part 1 of his three-part review of 2016's most significant environmental cases, Anthony Cavender of Pillsbury Winthrop Shaw Pittman LLP analyzes decisions from the U.S. Supreme Court and the D.C., First, Second, Third and Fourth Circuits, noting, among other observations, the unusual number of Endangered Species Act cases decided by the D.C. Circuit.

  • Top 12 Mississippi Gaming Stories Of 2016

    Tommy Shepherd

    Tommy Shepherd of Jones Walker LLP discusses recent developments in the Mississippi gaming industry, which will celebrate its 25th anniversary in 2017.

  • The Future Of Legal Marijuana: Post-Election Outlook

    Richard L. Spees

    Following the 2016 election, marijuana legalization is spreading across states and becoming less important at the federal level. While marijuana is not yet treated like tobacco and alcohol, the federal policy environment seems unlikely to impose significant restrictions on access in the near future, say Richard Spees and Joshua Mandell of Akerman LLP.

  • Building Momentum For The Pay Equity Movement In BigLaw

    Stephanie A. Scharf

    A decade’s worth of multiple bar association initiatives, conferences, corporate law summits, detailed research reports and opinion pieces on the pay gap has seemingly fallen on the deaf ears of BigLaw. However, recent events presage substantial movement toward pay equity in law firms, say Stephanie Scharf of Scharf Banks Marmor LLC, Michele Coleman Mayes, general counsel for the New York Public Library, and Wendi Lazar of Outten & Golden LLP.

  • 2 'True Lender' Cases With Impact On Marketplace Platforms

    Henry G. Morriello

    A California federal court recently rendered decisions in CashCall and Navient Solutions with “true lender” implications of potential significance to the marketplace lending industry, but with markedly contrasting results, say attorneys with Kaye Scholer LLP.