Native American

  • October 19, 2017

    NY Tribe, Texas Co. Slap Patent Suits On Amazon, Microsoft

    The Saint Regis Mohawk Tribe and Texas-based computer company SRC Labs LLC hit Amazon and Microsoft with separate patent infringement suits in Virginia federal court Wednesday, claiming the companies copied computing technology that was created by SRC and is now owned by the New York tribe.

  • October 19, 2017

    Insurer Keeps Blackfeet Housing Row Out Of Tribal Court

    A tribal corporation that provides risk-sharing self-insurance was granted a quick win in New Mexico federal court Thursday against a Blackfeet Nation housing entity over the jurisdiction of a coverage dispute involving damaged housing, winning a bid to bar any further litigation of the matter in the Blackfeet Tribal Courts.

  • October 19, 2017

    Ex-Worker Hit With $170K Sanction For Having Co.'s Docs

    A former chief compliance officer at an Alaska Native corporation who allegedly copied privileged documents to use in a False Claims Act suit accusing the company of exploiting a Small Business Administration contracting program was ordered Wednesday to pay nearly $170,000 of the company's attorneys' fees.

  • October 18, 2017

    CFPB Stresses CashCall CEO's Wealth In $287M CFPA Trial

    CashCall Inc.’s founder and CEO earned a $1 million salary and at least $2.5 million annually in interest for loans he made to the company, he testified Wednesday in the Consumer Financial Protection Bureau’s $287 million suit accusing the lender of illegally offering subprime loans through a firm based on tribal land.

  • October 18, 2017

    US Sues Unrecognized Tribe Over Hunting, Fishing Licenses

    The federal government filed a complaint in Utah federal court Wednesday against the Uinta Valley Shoshone Tribe, a group the government doesn’t recognize as a tribe, alleging it has illegally sold hunting and fishing licenses for use on the Ute Indian Tribe’s reservation.

  • October 18, 2017

    Fla. Court Revives Challenges To New Water Standards

    A Florida appeals court on Wednesday revived challenges by Miami and the Seminole Tribe of Florida to proposed changes to the state's water-quality standards, ruling that their petitions to the Florida Department of Environmental Protection were not filed too late.

  • October 18, 2017

    DOI Reaches Land Buyback Deal With Oregon Tribe

    The U.S. Department of the Interior said Tuesday that it has reached a deal with the Confederated Tribes of Warm Springs in Oregon to take part in the $1.9 billion Cobell land buyback program, the first such agreement under the department’s revised buyback policy.

  • October 18, 2017

    Tribal Lenders Look To Avoid Taint Of Racer's $2B Fraud

    The conviction of auto racer Scott Tucker and his attorney on Friday over a $2 billion payday lending fraud paints the tribal lending businesses embroiled in the scheme in a harsh light, ratcheting up pressure on other lending tribes to show their operations are legitimate and have controls in place that could head off a similar mess.

  • October 18, 2017

    NM, Calif. AGs Challenge Fed Oil & Gas Royalty Rule Repeal

    The attorneys general of California and New Mexico have again gone to court to challenge a U.S. Department of the Interior decision to revoke an Obama-era rule tweaking royalty calculations for oil, gas and coal extracted from federal and tribal lands, arguing Tuesday that the regulation was repealed without adequate consideration.

  • October 17, 2017

    CashCall GC Blames Katten As $287M CFPA Trial Starts

    CashCall’s general counsel defended the company against a $287 million suit from the Consumer Financial Protection Bureau on Tuesday, testifying on day one of the California federal trial that outside counsel from Katten Muchin Rosenman LLP assured him CashCall’s business offering subprime loans from a Native American reservation was legally sound.

  • October 17, 2017

    Restasis Ruling Could Be Bad Sign For Tribal Patent Pacts

    Allergan suffered a major setback when a federal judge invalidated parts of four patents for the dry-eye drug Restasis, but the judge’s concerns about striking a deal with a Native American tribe to shield the patents from review at the Patent Trial and Appeal Board could reverberate beyond the East Texas courtroom.

  • October 17, 2017

    EPA 'Sue And Settle' Shift May Mean Tougher Court Fights

    U.S. Environmental Protection Agency head Scott Pruitt’s plan to overhaul how the agency handles suits from environmental groups has been welcomed by businesses that are often frustrated with how quick the agency is to settle, yet experts say the EPA could find itself facing lengthier and more costly litigation as a result.

  • October 17, 2017

    10th Circ. Won’t Revisit Osage Nation Wind Farm Lease Case

    The Tenth Circuit on Tuesday declined to revisit its decision that said wind farm developers should have obtained a mineral lease from the Osage Nation along with Bureau of Indian Affairs approval before starting surface construction for an Oklahoma wind farm.

  • October 17, 2017

    Trump Announces DOI Indian Affairs Leader Pick

    An executive of an Alaska Native corporation has been tapped by the Trump administration to take the position of assistant secretary for Indian Affairs in the U.S. Department of the Interior, who if confirmed would be the first Native Alaskan to serve in the role, the White House said Monday.

  • October 17, 2017

    Interior Dept. Moves For Quick Win In Canceled Lease Suit

    The U.S. Department of the Interior on Monday moved for a quick win in a suit accusing it of arbitrarily canceling a mineral lease in northwestern Montana, telling a D.C. federal judge that it had actually given ample notice before terminating the lease.

  • October 16, 2017

    Feds, Tribe Urge Justices To Reject Review Of Water Ruling

    The federal government and the Agua Caliente Band of Cahuilla Indians on Friday urged the U.S. Supreme Court to reject a petition by two California water agencies seeking to overturn a Ninth Circuit ruling extending the tribe’s water rights to groundwater in the Coachella Valley.

  • October 16, 2017

    Interior Dept. Names Cherokee Citizen As New BIA Director

    The former leader of the U.S Department of the Interior’s Office of Wildland Fire, a Cherokee citizen, has been tapped to serve as the new director for the Bureau of Indian Affairs, the federal government said in an announcement on Monday.

  • October 16, 2017

    Justices Urged To Strike Down Law Barring Tribal Casino Suit

    A Michigan man has pressed the U.S. Supreme Court to reverse a D.C. Circuit decision backing a law that killed off his legal challenge to a tribal casino project, saying that Congress can't pass a law that violates the separation of powers between the legislature and the judiciary.

  • October 16, 2017

    Judge Hacks Away At Allergan's Restasis Patents

    A federal judge ruled Monday that claims in several patents covering Allergan PLC’s dry-eye drug Restasis are invalid, dealing a blow to the drugmaker just weeks after it transferred the patents to a Native American tribe in an effort to shield them from review at the Patent Trial and Appeal Board.

  • October 16, 2017

    Chamber Urges 2nd Circ. To Trim UPS Penalty In Tobacco Suit

    The U.S. Chamber of Commerce and others on Friday urged the Second Circuit to reverse an order from a federal judge in New York slapping UPS with $237 million in penalties for helping move untaxed cigarettes from tribal lands, arguing that the amount is unconstitutionally excessive.

Expert Analysis

  • Series

    Judging A Book: Kopf Reviews Posner's 'Federal Judiciary'

    Judge Richard Kopf

    There is a wonderful sketch of Seventh Circuit Judge Richard Posner dressed in a black robe with arms outstretched as if they were the billowing wings of a lean vulture. He is kicking a human brain down a hallway and wearing a half-smile that looks for all the world like a sneer. That sketch is the perfect metaphor for both Judge Posner and his new book, "The Federal Judiciary: Strengths and Weaknesses," says U.S. District Judge Ri... (continued)

  • The Use Of Special Masters In Complex Cases

    Shira Scheindlin

    Special master appointments can be very beneficial in resolving disputes quickly, streamlining discovery, handling delicate settlement negotiations, and — somewhat surprisingly — reducing cost and delay, says retired U.S. District Judge Shira Scheindlin, now with JAMS.

  • Roundup

    Notes From A Law Firm Chief Privacy Officer

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    As more law firms become the targets of major cyberattacks, more firms may consider appointing a chief privacy officer. In this series, CPOs at four firms discuss various aspects of this new role.

  • Series

    Notes From A Law Firm Chief Privacy Officer: New Demands

    Phyllis Sumner

    For outside counsel, oftentimes efficiency and responsiveness collide with security measures as clients are increasingly requiring their law firms to comply with third-party risk management programs. To meet these challenges, law firms are focusing more on the roles of chief privacy officer and chief information security officer, says Phyllis Sumner, chief privacy officer for King & Spalding LLP.

  • Opinion

    It's Time To Improve Voir Dire In Federal Court

    Lisa Blue

    During the jury selection process, many times parties submit proposed voir dire questions, but the court ultimately chooses the questions to be asked and does all of the questioning of the jury panel. While this approach is judicially efficient, rarely do we learn anything meaningful from the panel members, say Lisa Blue of Baron and Blue and Robert Hirschhorn of Cathy E. Bennett & Associates.

  • Series

    Notes From A Law Firm Chief Privacy Officer: Insider Risks

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    As law firms hold sensitive information not only related to the firm but to the firm’s clients, an insider threat — whether it's a "bad actor employee" or inadvertent activity — poses a particular concern. There are steps that privacy officers can initiate to help minimize these threats, says Patricia Wagner, chief privacy officer for Epstein Becker Green.

  • Series

    Notes From A Law Firm Chief Privacy Officer: Balancing Act

    Kristin Jones

    As the role of law firm chief privacy officer becomes more prevalent and expansive, many CPOs are finding themselves in the midst of a delicate balancing act — weighing compliance with government regulations and client requirements on one side with the needs of firm business on the other, says Kristin Jones, chief privacy officer for Stradley Ronon Stevens & Young LLP.

  • How The IPad Can Be A Litigator's Best Friend

    Paul Kiesel

    New mobile computing tools — both hardware and applications — are changing the technology paradigm for legal practitioners. In particular, the combination of the 12.9-inch iPad Pro, the Apple Pencil and the LiquidText annotation app can revolutionize both trial preparation and courtroom litigating, says attorney Paul Kiesel, in his latest review of tech trends.

  • Series

    Notes From A Law Firm Chief Privacy Officer: CPO Vs. CISO

    Mark McCreary

    To understand the role of the law firm chief privacy officer — and why that person ought to be a lawyer — it’s important to distinguish the role they fill from that of the chief information security officer, says Mark McCreary, chief privacy officer for Fox Rothschild LLP.

  • 5 Questions To Ask Before Entering Joint-Representation AFA

    Natalie Hanlon Leh

    One growing trend is for clients to enter into alternative fee arrangements in which one law firm represents multiple parties who “share” fees and costs in a related matter. This way parties can more efficiently manage a matter and reduce their individual legal fees. But joint representation is not without its own risks and challenges, say attorneys with WilmerHale.