Native American

  • August 24, 2017

    Cherokee Nation Wants Takeda Actos Suit To Stay In La.

    The Cherokee Nation told a Louisiana magistrate judge Thursday that a request by Takeda Pharmaceutical Co. Ltd. to transfer the tribe’s suit to Oklahoma would hurt the tribe’s ability to recover medical costs connected with treatment it provided for injuries related to the company’s diabetes drug Actos.

  • August 24, 2017

    Oil Lessee Seeks Quick Win In Canceled Lease Suit

    An oil and gas lessee of portions of a Montana national forest on Thursday moved for a quick win in its case in Washington, D.C., district court alleging the U.S. Department of the Interior improperly voided the lease, calling the move arbitrary and capricious.

  • August 24, 2017

    Tribe Pushes To Revive Suit Over Calif. Gov. Casino OK

    The United Auburn Indian Community continued Wednesday to press the California Supreme Court to revive its lawsuit challenging Gov. Jerry Brown’s role in greenlighting another tribe’s competing off-reservation casino project, calling his arguments that he had not exceeded his authority or violated the separation of powers among government branches “off the mark.”

  • August 24, 2017

    Dakota Access Protest Footage Not Public, State AG Says

    North Dakota's attorney general has backed the Morton County Sheriff's Department's denial of a request for video and photos of an intense Dakota Access Pipeline protest last year, saying Wednesday the material was part of an active criminal investigation.

  • August 24, 2017

    Tribal Co. Can Keep Atty Fees In $3M Gov't Contract Row

    The Tenth Circuit on Wednesday cemented an attorneys’ fee award given to one of the Fort Sill Apache Tribe's businesses and its leadership after escaping Team Systems International LLC’s lawsuit alleging that they breached an agreement for developing government contracts by failing to pay it nearly $3 million.

  • August 23, 2017

    Enviros, Tribe Press For Halt To Ariz. Highway Construction

    Environmentalists and a tribe opposing a Phoenix-area road project on Wednesday reinforced their bid to halt construction pending an appeal of the project’s approval, telling the Ninth Circuit a pause is in the public interest to prevent environmental destruction.

  • August 23, 2017

    Pension Funds Sue US Bank For $25M Tribal Bond Fraud Loss

    Several public employee retirement funds that say they lost $25 million in a sham tribal bond offering on Wednesday asked a South Dakota federal court to make US Bank NA pay up for failing to spot “red flags” that would have made any reasonably diligent bank ask questions.

  • August 23, 2017

    Tribe, Enviros Say More Review Of Logging Project Is Needed

    The Karuk Tribe and several environmental groups urged a California federal judge on Tuesday to let them add a National Environmental Policy Act claim to their suit challenging a logging project in the Klamath National Forest, arguing that a lack of timber revenues from the project means funding to address its environmental impact likely won't be available.

  • August 23, 2017

    Pipeline Tribal Land Row Paused For Settlement Talks

    An Oklahoma federal judge gave a thumbs-up Tuesday to a joint request by Enable Midstream Partners LP and a group of tribal landowners challenging the company’s use of a natural gas pipeline on their property to pause the dispute for settlement talks.

  • August 23, 2017

    Dakota Access Again Urges Court To Keep Pipeline Operating

    The company behind the controversial Dakota Access pipeline on Tuesday blasted a group of Sioux tribe members' arguments in favor of halting the fully functional pipeline’s operations while the U.S. Army Corps of Engineers works to fix problems with an environmental review, calling them “flawed.”

  • August 22, 2017

    More Ex-Tribal Execs Sentenced In Embezzlement Case

    Three more former executive board members of one of the Sisseton Wahpeton Oyate tribe’s political subdivisions were sentenced on Monday for their alleged role in a scheme to embezzle money from the tribe.

  • August 22, 2017

    Dakota Access Owner Accuses Greenpeace Of 'Eco-Terrorism'

    The company behind the Dakota Access pipeline hit Greenpeace and a roster of other environmental groups with a racketeering suit in North Dakota federal court on Tuesday, claiming the project was targeted by “eco-terrorism” that ultimately interfered with the pipeline’s construction and cost the company hundreds of millions of dollars in damages from lost investors and reputational ruin.

  • August 22, 2017

    Pokanoket Nation Sets Up Camp On Disputed Brown U. Land

    A group of Pokanoket Nation members and their supporters have set up an encampment on Brown University land in Bristol, Rhode Island, with the aim of repatriating property they assert was illegally taken from the tribe hundreds of years ago.

  • August 22, 2017

    Tribe Blasts Gaming Commission Bid For Gambling Suit Redo

    The Fort Sill Apache Tribe urged a D.C. federal judge Monday not to reconsider its decision allowing the tribe to update its challenge to the government’s rejection of the tribe’s gambling bid, saying the National Indian Gaming Commission is rehashing old arguments to try to shield an agency letter from being contested in court.

  • August 22, 2017

    DOI Hit With Suit Over Tribal Leadership Dispute

    The Alturas Indian Rancheria hit the U.S. Department of the Interior with a lawsuit on Monday accusing it of improperly recognizing Philip Del Rosa as the chairman of the tribe even though the tribe's General Council barred him from holding office.

  • August 21, 2017

    Why Midsize Firms Run The Gamut On Diversity

    Midsize firms on average are the least racially and ethnically diverse, but the level of diversity also varies widely among firms in this group, according to the latest Diversity Snapshot. Here’s a look at how a few of these firms are faring.

  • August 21, 2017

    Law Firms Head Back To School For Diversity Guidance

    A handful of law firms have agreed to put themselves under the lens of academia in an effort to root out structural inequalities and implicit bias. Here’s a look at what they’re finding.

  • August 21, 2017

    GCs Find New Urgency In Longtime Push For Diversity

    In-house attorneys are intensifying long-standing efforts to diversify their outside counsel, and they’re looking to create a critical mass of law department leaders that will bring about meaningful change.

  • August 21, 2017

    Interior Dept. Sued Over Wis. Oneidas' Name Change

    The New York-based Oneida Indian Nation has hit the U.S. Department of the Interior with a complaint in federal court, alleging that the department’s approval of a name change for a historically related Wisconsin tribe has created confusion over the tribes’ identities and invites trouble for other tribes with similar names.

  • August 21, 2017

    Ex-Tribal Exec Sentenced In Embezzlement Case

    The federal government said Friday that a former Sisseton-Wahpeton Oyate district executive board member was sentenced to 10 months behind bars for her alleged role in a tribal embezzlement scheme.

Expert Analysis

  • Weekly Column

    Innovating For Wise Juries: Openings Before Voir Dire

    Richard Lorren Jolly

    This week’s idea for improving civil jury trials is remarkably simple: Allow counsel to provide complete opening statements to the entire venire before voir dire begins instead of after the jury is impaneled, say Stephen Susman, Richard Lorren Jolly and Dr. Roy Futterman of the NYU School of Law Civil Jury Project.

  • 5 Questions To Ask Client Before Proposing A Litigation AFA

    Gregory Lantier

    The first step in assembling an intelligent response to a request for an alternative fee arrangement is for outside counsel to be certain they understand the primary reasons that the client is making the request, say attorneys with WilmerHale.

  • Tread Carefully After High Court Offensive-Trademark Ruling

    Daniel Alvarez Sox

    The U.S. Supreme Court's recent decision in Matal v. Tam makes it possible to trademark a racial slur but doesn't eliminate the consequences. The court of public opinion will assume the jurisdiction that the U.S. Patent and Trademark Office lost, says Daniel Alvarez Sox of Rivero Mestre LLP.

  • 3 Key Areas Legal Operations Teams Should Focus On

    Jaime Woltjen

    These days, legal operations directors can easily get stretched too thin between responsibilities like overseeing support staff and taking on office management responsibilities. Legal operations teams should focus their time and effort on outside counsel management, technology planning and analytics, says Jaime Woltjen of Stout Risius Ross LLC.

  • Recap

    What The Experts Said About High Court Rulings This Term

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    With the U.S. Supreme Court term now concluded, we take a look back at some first impressions from the experts when the most impactful decisions for corporate law were handed down.

  • Opinion

    The Future Of Law And The Demise Of The Midsize Firm

    Fredric Newman

    Since 1980, there has been a systemic supersizing of business enterprises, the growth of sovereign wealth, and the emergence of international businesses. The pressure this has put on national and regional law firms to go global or go home is enormous, says Fredric Newman, a founding partner of Hoguet Newman Regal & Kenney LLP.

  • Why High Court Is Right About Offensive Trademarks

    Jennifer Ko Craft

    As an Asian-American, I have had a lot of hateful and derogatory names thrown at me throughout my life, and yet I found the U.S. Supreme Court’s decision in Matal v. Tam, rejecting the U.S. Patent and Trademark Office’s ban on registering disparaging terms as unconstitutional, gratifying in many ways, says Jennifer Ko Craft of Dickinson Wright PLLC.

  • DAPL Opinion Highlights Pipeline Project NEPA Challenges

    Deidre Duncan

    Litigation involving the Dakota Access pipeline took another turn when a federal court in Washington, D.C., granted partial summary judgment to two Native American tribes challenging the environmental review's adequacy. The opinion touches on several issues with respect to agencies’ National Environmental Policy Act obligations for pipeline projects generally and oil pipelines in particular, say attorneys with Hunton & Williams LLP.

  • How Discovery Has Changed Under New Federal Rules

    Brandee Kowalzyk

    In December 2015, an amendment to Rule 26 of the Federal Rules of Civil Procedure was implemented with the intent of putting reasonable limits on civil discovery. The many subsequent cases that have applied the amended rules provide guideposts for litigants and practitioners, say Brandee Kowalzyk and Christopher Polston of Nelson Mullins LLP.

  • Weekly Column

    Innovating For Wise Juries: Pre-Voir Dire Questions

    Stephen Susman

    The simple practice of asking jurors important and substantive questions early can help make trial by jury a more reliable form of dispute resolution, say Stephen Susman, Richard Lorren Jolly and Dr. Roy Futterman of the NYU School of Law Civil Jury Project.