Native American

  • January 27, 2017

    2nd Circ. Won't Rehear NY Casino Land Dispute

    The Second Circuit on Friday denied petitions from a nonprofit and a New York state town, both of which are seeking to prevent the federal government from entrusting land surrounding New York's Turning Stone Resort and Casino to the Oneida Indian Nation, asking the court to reconsider affirming a lower court ruling that tossed two lawsuits alleging the acquisition was unconstitutional.

  • January 27, 2017

    Trump And Tribes: What's In Store For Indian Country

    President Donald Trump’s decision to push forward the controversial Dakota Access pipeline sent shock waves through Indian Country. But some Native Americans say they’re optimistic about the new administration and expect tribes to assume a bigger role in managing their own affairs. Here are the possibilities tribal advocates say they’re most worried — and hopeful — about as they look ahead to the next four years.

  • January 27, 2017

    Ariz. Tribe Pushes Back Against Trump's Border Wall

    A Native American tribe with 75 miles of reservation on the U.S.-Mexico border might force a gap into President Trump’s border wall, saying Thursday that it opposes the construction of a wall and criticizing the administration for its lack of communication.

  • January 26, 2017

    Calif. High Court To Hear Tribe's Suit Over Rival's Casino OK

    California’s top court agreed on Wednesday to review a decision upholding a ruling that rejected a Native American tribe’s challenge to the California governor’s role in authorizing another tribe’s competing casino project, in which the tribe bringing the case alleges that the governor usurped the state Legislature’s powers.

  • January 26, 2017

    Corps Gets More Time To Prep New Leaders On Pipeline Row

    A D.C. federal judge on Thursday extended certain briefing deadlines in the Standing Rock Sioux Tribe’s lawsuit challenging U.S. Army Corps of Engineers' approvals for the Dakota Access pipeline after the Corps said it needed more time because of leadership transitions prompted by President Donald Trump assuming office.

  • January 26, 2017

    Deal Leads To Retiring Of Coal Field Rights In Alaska

    A deal has been inked between an Alaska Native corporation, a sustainable real assets investment firm and two conservation groups that secured the sale and permanent retirement of an Alaskan coal field, the parties in the deal announced Thursday.

  • January 26, 2017

    Dropped Word Shouldn’t Kill Tribe Injury Suit, Complaint Says

    A woman sued a tribe-owned casino in Oregon federal court on Wednesday claiming that the Cow Creek Band of Umpqua Indians Tribal Court should not have thrown out her trip-and-fall case just because her lawyer forgot one word in a filing.

  • January 26, 2017

    Mich. Tribe Asks To Join Rival's Casino Land Suit, Citing Deal

    The Nottawaseppi Huron Band of the Potawatomi asked on Wednesday to intervene in the Bay Mills Indian Community’s suit against Michigan Gov. Rick Snyder seeking to establish that it can operate a casino off its reservation, arguing the governor may be negotiating a deal and its interests are therefore not being adequately represented.

  • January 26, 2017

    Tribe, Enviros Say Navy’s Ship Cleaning Is Polluting Inlet

    Two environmental groups and the Suquamish Tribe on Wednesday told the U.S. Navy they intend to sue it over its scraping of the hull of a mothballed aircraft carrier in Sinclair Inlet in Washington state, saying it has disregarded pollution control measures.

  • January 25, 2017

    Trump Memo To Get Hearing In Dakota Pipeline Suit

    A D.C. federal judge on Wednesday set up a hearing to discuss how a recent memorandum by President Donald Trump aimed at pushing forward the Dakota Access pipeline impacts a lawsuit in which the Standing Rock Sioux Tribe has challenged approvals granted by the U.S. Army Corps of Engineers.

  • January 25, 2017

    Blue Lake Says Challenge To Tribal Court Case Is Now Moot

    The Blue Lake Rancheria on Tuesday looked to nix a man’s lawsuit seeking to halt a tribal court dispute accusing him of fraudulently inducing the tribe’s casino into a gambling software development deal on the grounds that the judge presiding over it has a relationship with the tribe, saying the tribal court judge has recused himself.

  • January 25, 2017

    ND Gov. Chimes In On Trump's Dakota Access Pipeline Action

    North Dakota's newly elected Republican governor on Tuesday chimed in on President Donald Trump’s memorandum aimed at pushing forward the controversial Dakota Access oil pipeline, saying the pipeline has already undergone exhaustive reviews and has been upheld in court.

  • January 25, 2017

    Comprehensive Gaming Bill Advances In Fla. Senate

    A gaming bill in the Florida Senate that aims to ratify a new $3 billion compact with the Seminole Tribe and address pari-mutuels, fantasy sports and lotteries mostly breezed through its first stop Wednesday, facing some criticism but only minor debate in the Regulated Industries Committee.

  • January 25, 2017

    Tribe Still Can't Freeze Ex-Leaders' Assets In Theft Dispute

    A California federal judge on Tuesday elaborated on a prior decision to reject the Paskenta Band of Nomlaki Indians’ bid to freeze the assets of former tribal officials it has accused of a sprawling embezzlement scheme and gave a bank a quick win on claims by the tribe that it had helped the ex-leaders.

  • January 25, 2017

    Judge Clarifies Order For Tribe In Wash. County Tax Row

    A federal judge issued a brief clarification Tuesday in response to the Tulalip Tribes' request for confirmation that an order, which largely ruled against the state of Washington and Snohomish County in a dispute over taxes on reservation lands, did not weigh the balance of federal, tribal and state interests.

  • January 25, 2017

    Alaska Native Corp. Says FCA Claims Didn’t Stop Contracts

    An Alaska Native corporation urged a federal court on Tuesday 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 SBA has been informed of the allegations and has continued to award contracts to the subsidiaries.

  • January 24, 2017

    DOI ‘Rubber-Stamped’ Lease Ruling From Tribe, DC Circ. Told

    A family trust representative urged the D.C. Circuit on Monday to restore a lease on land held in trust for the Colorado River Indian Tribes in California, claiming that the U.S. Department of the Interior had merely “rubber-stamped” a decision on the lease that had been prescribed by the federally recognized tribe.

  • January 24, 2017

    Judge Sides With NY Govt. In Tribal Cigarette Tax Dispute

    A New York federal judge on Monday struck down a challenge to a state law regulating cigarette sales taxes, finding that the law does not hamper the tribal sovereignty of the Seneca Nation of Indians and the Cayuga Indian Nation.

  • January 24, 2017

    Dakota Access Protesters Say Police Still Using Illegal Force

    A group of protesters against the Dakota Access pipeline pressed a federal judge Monday to block two North Dakota counties, a city and law enforcement officers from using excessive force when responding to protests, saying the police are still using illegal methods to control mostly nonviolent crowds.

  • January 24, 2017

    Tribe Officials Hit With Fraud Claims In Disenrollment Row

    Six Nooksack Tribe members filed a complaint in Washington federal court Monday claiming that they have been defrauded by tribal officials who no longer have the power to act for the tribe and that the officials have submitted over $1 million in false claims to federal agencies.

Expert Analysis

  • REVIEW: The Missing American Jury

    Judge William Young

    Face it, the American jury system is dying. The arguments Professor Suja Thomas makes in her new book deserve consideration by everyone interested in how our government actually works and how it might recapture the unifying communitarian experience of direct democracy and actual trial by one’s peers, says U.S. District Court Judge William Young of the District of Massachusetts.

  • What History Tells Us About Obama's Antiquities Act Legacy

    John Freemuth

    As the end of the Obama administration approaches there is renewed attention on President Barack Obama's use of the Antiquities Act of 1906. While almost every U.S. president has used his authority under this act to create new national monuments, its use has fueled tensions between the federal government and states over land control, say John Freemuth and Mackenzie Case of Boise State University.

  • Avoiding Law Firm BYOD Risks: Tips For Securing Devices

    Everett Monroe

    Many believe that the solutions to the security problems created by using smartphones for work are primarily technological, but a much larger piece of the puzzle involves the human factor. To achieve reasonable security around mobile devices, law firms must go back to basics — clear policies, effective training and thoughtful oversight, says Everett Monroe of Hanson Bridgett LLP.

  • 4 Ways Lawyers Can Improve Their Marketing

    Mike Mellor

    Attorneys may not realize the breadth of services that their marketing, design and library teams offer. One of the things I like to do when attorneys start at our firm is give them a download of the kinds of problems we can solve for them so they know how to work with us most effectively, says Mike Mellor, director of marketing at Pryor Cashman LLP.

  • Beyond Bean Counting: How Legal Can Add True Value


    For legal departments to stay in front of the crowd, cost-cutting alone is not enough. Neither is claims-driven revenue generation, nor running endless analytics of outside legal spend. This is short-term, passive, scarcity-based thinking that keeps legal departments from offering their corporate clients the greatest possible value — competitive advantage, says David Wallace of Herbert Smith Freehills LLP.

  • The Consequences Of Divide-And-Conquer: Carcieri Redux

    Matthew L.M. Fletcher

    Following Carcieri v. Salazar, Indian tribes have struggled to acquire land for gaming purposes, especially due to infighting between tribes seeking to protect their market shares. Tribes also face the challenge that the U.S. Supreme Court is unlikely to review cases that are "factbound and splitless," says Matthew Fletcher of Michigan State University College of Law.

  • OPINION: The US Supreme Court In 2017

    James Brosnahan

    The ideologue’s main problem is believing in conformity of thought. They will now search for true believers, but fortunately very few judges harbor the dark, conservative uniformity desired. If they do find one, the Senate will not confirm, says James Brosnahan, a senior trial counsel with Morrison & Foerster LLP.

  • The Intricacies Of Patent Infringement In Indian Gaming

    Rob Roy Edward Stuart Smith

    Federal courts have ruled that tribes are immune to private lawsuits brought under the U.S. Patent Act, unless they waive their sovereign immunity. Tribes should consider creatively using their immunity to become more involved in technology development, say attorneys from Kilpatrick Townsend & Stockton.

  • A Primer On The Presidential Appointee Vetting Process

    Robert K. Kelner

    With the election over, the process of selecting individuals to fill the next administration’s key appointed positions is quickly shifting into high gear. For those who are called to serve in such positions, the process entails extensive vetting of professional credentials and a host of personal background check issues, say attorneys with Covington & Burling LLP.

  • Merging Law Firms: Think Before You Tie The Knot

    John Remsen Jr.

    Getting larger isn’t a good enough reason to merge. Focus on whether the merger will make your firm better. Also, it’s possible that a merger can reduce profitability, says John Remsen Jr. of TheRemsenGroup.