Native American

  • January 19, 2018

    Feds Want Tribes’ Bears Ears Challenge Moved To Utah

    The federal government asked a D.C. federal court Thursday to transfer a suit brought by the Hopi Tribe and others alleging President Donald Trump did not have authority to reduce the size of the Bears Ears National Monument, arguing that Utah is a better venue.

  • January 19, 2018

    FCC Urged To Cut Siting Fees For Tribal Broadband

    A telecom lobbying group has urged the Federal Communications Commission to rein in charges for siting procedures for broadband infrastructure on tribal lands, saying the fees are a barrier to development.

  • January 19, 2018

    La. Tribe Chair Cops To Using Bad Checks To Steal Thousands

    The head of a Louisiana Native American tribe has copped to a federal charge that he stole thousands of dollars from a tribal organization, the U.S. Attorney’s Office announced Thursday.

  • January 18, 2018

    Generics Co. Resists Allergan's Bid To Leave Restasis IPRs

    Allergan Inc.'s request to leave a series of patent challenges tied to its dry-eye medication Restasis should be rejected because the company's deal to transfer the patents to a Native American tribe does not shield the firm from liability, a generic-drug maker told the Patent Trial and Appeal Board Wednesday.

  • January 18, 2018

    Sen. Demands Answers From Pruitt On EPA Costs, Policies

    Massachusetts Democratic Sen. Edward Markey sent a letter to U.S. Environmental Protection Agency chief Scott Pruitt on Thursday posing a slew of questions about his conduct and accusing him of driving the regulator away from its mission to protect the environment and toward industry-friendly positions.

  • January 18, 2018

    Wash. Urges 9th Circ. To Nix Tribe’s Win In Landslide Row

    The state of Washington told the Ninth Circuit Wednesday that the Stillaguamish Tribe of Indians’ win in a suit contending the state cannot seek indemnity over liability for a landslide should be axed, saying the lower court didn’t have jurisdiction to hear the suit.

  • January 18, 2018

    4th Circ. Formally Tosses Redskins Trademark Ruling

    Seven months after the U.S. Supreme Court effectively decided the case, the Fourth Circuit on Thursday vacated an earlier decision that revoked the Washington Redskins’ trademark registrations.

  • January 18, 2018

    CFPB Agrees To Dismiss Tribal Payday Loan Suit

    The Consumer Financial Protection Bureau told a Kansas federal judge on Thursday that it wanted to ax its own suit against lenders owned by a California tribe over allegedly abusive loans.

  • January 18, 2018

    Trump's Pick For DOJ Enviro Chief Clears Senate Committee

    The Senate Judiciary Committee on Thursday voted to advance President Donald Trump’s nominee to lead the U.S. Department of Justice’s environmental division, Kirkland & Ellis LLP partner Jeffrey Bossert Clark, over strong objections from Democrats.

  • January 18, 2018

    Wash. Tribes' Coast Guard Row Over Killer Whales Still Afloat

    A federal judge on Wednesday refused to dismiss a suit from two Washington tribes alleging the U.S. Coast Guard put endangered killer whales at risk by adopting a shipping traffic plan off the coast of the state without consulting the National Marine Fisheries Service.

  • January 17, 2018

    BIA Head Says Tribal Jobs Bill Means Well, Needs Changes

    A House subcommittee heard largely supportive testimony on Wednesday about a bipartisan bill aimed at enhancing the economic development of native communities, including from the head of the Bureau of Indian Affairs, who voiced support for the “underlying goals” of the bill but said it could be improved.

  • January 17, 2018

    Calif. County Wants Tribe's Suit Over Hemp Seizure Nixed

    California’s San Joaquin County on Tuesday defended its decision to seize $77 million worth of hemp crops from a Native American tribe, a university and others, asking a California federal court to dismiss a related suit because the local ordinance it was enforcing is legal and the crops were not legal.

  • January 17, 2018

    Gov't Wants Gold King Mine Spill Suit Paused For MDL Panel

    The federal government asked a New Mexico federal court Wednesday to pause litigation brought by the state and the Navajo Nation over the 2015 Gold King Mine spill while the Judicial Panel on Multidistrict Litigation ponders whether to consolidate several actions stemming from the incident, saying it’s the most reasonable approach.

  • January 17, 2018

    Mich. Tribe Gets $213K In Atty Fees In Blue Cross Suit

    A Michigan federal judge on Wednesday awarded about $213,000 in attorneys’ costs and fees to the Saginaw Chippewa Indian tribe of Michigan, adding to $8.4 million it won from Blue Cross Blue Shield of Michigan over allegations that the insurer charged hidden fees while managing the tribe’s employee health care benefits plan.

  • January 17, 2018

    Gov't, Groups Challenge Efforts To Halt Methane Rule Delay

    The Bureau of Land Management, the states of North Dakota and Texas and several energy industry groups on Tuesday challenged efforts to block a decision suspending parts of a rule limiting oil and gas companies from venting and flaring methane on public lands, arguing in California federal court that a preliminary injunction that would keep the rule’s provisions in effect isn’t warranted.

  • January 17, 2018

    States Oppose EPA Bid For Time In Clean Power Plan Row

    Several states, local governments and environmental groups on Wednesday asked the D.C. Circuit to restart litigation over the validity of the Clean Power Plan, saying that the U.S. Environmental Protection Agency's request to keep the case in suspended animation isn’t justified.

  • January 17, 2018

    Cherokees Tell 10th Circ. Feds Need Consent To Transfer Land

    The Cherokee Nation of Oklahoma urged the Tenth Circuit on Tuesday to back an order barring the federal government from taking former reservation land into trust for another tribe, arguing a lower court was right to say the U.S. Department of the Interior shouldn’t have done so without the nation’s consent.

  • January 17, 2018

    A Chat With Davis Wright CSO Mark Usellis

    In this monthly series, legal recruiting experts Amanda Brady and Amy Mallow of Major Lindsey & Africa interview law firm management from Am Law 200 firms about how they are navigating an increasingly competitive business environment. The second conversation is with Mark Usellis, chief strategy officer for Davis Wright Tremaine LLP.

  • January 16, 2018

    Trump's Monument Cuts May Rest On Shaky Legal Ground

    President Donald Trump’s decision to shrink some national monuments created by his predecessors presents a novel issue to courts handling lawsuits challenging his actions: whether Congress gave the president authority to modify or eliminate, not just designate, such monuments. Legal experts say the administration faces an uphill battle.

  • January 16, 2018

    Nez Perce Tell 9th Circ. Water Release Order Is Sound

    The Nez Perce Tribe told the Ninth Circuit on Friday that a lower court’s determination that the government must boost water releases and monitoring at a series of dams along the Columbia and Snake rivers to protect salmon and steelhead was correct, arguing the order was necessary and lawful.

Expert Analysis

  • Being There: Defending Depositions

    Alan Hoffman

    Defending depositions is challenging. The lawyer is the only shield and protector for the witness and the client. The rules of engagement are less than clear, and fraught with ethical perils. Difficult judgment calls often must be made in the heat of battle. This is where lawyers really earn their keep, says Alan Hoffman of Husch Blackwell LLP.

  • Opinion

    The Legal Fallout For Harvey Weinstein’s Hired Hands

    Nicole Kardell

    There is a difference between a lawyer or investigator seeking evidence to defend against allegations and correct misrepresentations, and, on the other hand, using duplicitous means to gather information and intimidate alleged victims and journalists. Client advocacy does not mean winning at all costs, says Nicole Kardell of Ifrah Law PLLC.

  • Jury Persuasion In An 'Alt-Fact' World

    Shelley Spiecker

    Today's climate of “alternative facts” has jurors making decisions based on beliefs, emotions and social affiliations that often go unacknowledged or underappreciated. To present their case in the most persuasive manner possible, litigators should consider adapting to their audience when it comes to four psychological factors, say consultants with Persuasion Strategies, a service of Holland & Hart LLP.

  • New Indian Child Welfare Act Challenges On The Horizon

    Rob Roy Smith

    A petition for a writ of certiorari is currently pending for S.S. v. Stephanie, a case that will decide two prominent challenges to the Indian Child Welfare Act — equal protection and the intrafamily dispute exception. Tribal child welfare departments and attorneys must be prepared to address these challenges in future cases, say Rob Roy Smith and Claire Newman of Kilpatrick Townsend & Stockton LLP.

  • A Partial But Significant Tax Victory For Tribal Casinos

    Timothy Evans

    A South Dakota district court's recent decision in Flandreau v. Gerlach prevented the state's imposition of a use tax on purchases by nonmembers of goods and services at the tribe's on-reservation casino and related amenities. This case emphasizes the dual taxation problem that tribes should seek to have addressed through federal legislation once and for all, say Timothy Evans and Kathleen Nilles of Holland & Knight LLP.

  • Applying The Investors' Playbook To Legal Career Planning

    Howard Cohl

    Nothing has been more instrumental in my role as a legal recruiter than what I learned from a variety of hedge fund managers, venture capitalists and investment bankers — how to analyze a deal and make a decision quickly. It boils down to the traditional SWOT analysis, says Howard Cohl, director in Major Lindsey & Africa’s emerging markets group.

  • How IT And Procurement Pros Can Inform Law Firm Budgeting

    Steve Falkin

    As law firms begin preparing for their annual budget review, Steve Falkin and Lee Garbowitz of HBR Consulting discuss why firm leaders should give their internal information technology and procurement teams a seat at the table.

  • Getting Real About Artificial Intelligence At Law Firms

    Mark Williamson

    Artificial intelligence needs to be legally defensible in order to be useful to law firms. There are requirements for making this happen, says Mark Williamson, co-founder and chief technology officer of Hanzo Archives Ltd.

  • Perception Vs. Reality At Trial

    Martha Luring

    The long litigation life cycle for large, complex civil lawsuits provides ample time for clients and counsel to form strong opinions — often negative when based on adversarial exchanges — about the opposing trial team, their witnesses and their experts. Martha Luring of Salmons Consulting shares some common perceptions not always shared by jurors.

  • Proportionality, Not Perfection, Is What Matters

    John Rosenthal

    A few jurists and commentators have recently caused a stir in the e-discovery community by arguing that litigants should avoid using keyword searches to filter or cull a document population before using predictive coding. This “no-cull” rationale undermines the principle of proportionality at the heart of the recent changes to Federal Rule 26, say John Rosenthal and Jason Moore of Winston & Strawn LLP.