Native American

  • June 23, 2017

    Native Mascot Foes Eye Public Arena After High Court Loss

    The U.S. Supreme Court's blockbuster decision striking down a federal ban on registering offensive trademarks cemented the legal right of the Washington Redskins and other sports teams to trademark Native American-themed names and logos, but critics of those teams will now redouble their efforts to turn public opinion against the use of those marks.

  • June 22, 2017

    NM Sen. Refloats Bill To Protect Sacred Tribal Objects

    U.S. Sen. Martin Heinrich, D-N.M., reintroduced a bill Wednesday that would help limit the export of objects sacred to Native American tribes and impose tougher penalties on those who illegally traffic in the items.

  • June 22, 2017

    Wash. Asks High Court To Weigh Tribal Treaty Bar On Gas Tax

    The Washington State Department of Licensing has asked the U.S. Supreme Court to review a ruling by the state's top court that a tribal wholesale fuel distribution company is exempt from paying taxes on fuel brought to the Yakama Indian Reservation from Oregon under a treaty between the federal government and the tribe.

  • June 22, 2017

    Navajo Council To Weigh Keeping Ariz. Coal Plant Open

    The Navajo Nation Council will consider legislation next week that would permit the coal-fired Navajo Generating Station in Arizona to remain open through 2019, a move that comes after the group voted to table the measure and scope out whether the facility’s owners would be open to some amendments.

  • June 22, 2017

    Post-Slants, Is USPTO Going To Be Flooded With Bad Words?

    In the wake of the U.S. Supreme Court's Slants ruling striking down the government’s ban on offensive trademark registrations, some have worried about a flood of ugly language at the trademark office, but experts say those concerns could be overblown.

  • June 22, 2017

    9th Circ. Tosses Appeal Of Tribal Court's Immunity Ruling

    The Ninth Circuit declined Wednesday to revive a case challenging a Chippewa Cree tribal court’s dismissal of an injury lawsuit against the Montana tribe’s housing authority on the basis of tribal sovereign immunity.

  • June 21, 2017

    Justice Sotomayor On The Power Of Dissent

    Justice Sonia Sotomayor discusses her views on writing dissents and the change she hopes they inspire in the law, in the second of two articles based on an exclusive interview with the 111th justice.

  • June 21, 2017

    Third Ex-Tribal Council Member Pleads Guilty In Casino Theft

    A third ex-Winnebago Tribal Council member has pled guilty in Nebraska federal court to taking money from the tribe’s casino without authorization, amid accusations by federal prosecutors of a broader conspiracy to steal from the casino.

  • June 21, 2017

    NM Tribe Urges 10th Circ. To Rethink Gaming Reg Ruling

    The Pueblo of Pojoaque urged the Tenth Circuit on Tuesday to reconsider an April decision that the secretary of the interior can’t act on the New Mexico tribe’s request to conduct gambling without a state compact, saying the decision conflicts with circuit and U.S. Supreme Court precedent.

  • June 21, 2017

    2nd Circ. Affirms Toss Of MGM Suit Over Conn. Casino Law

    The Second Circuit declined Wednesday to revive MGM Resorts International’s challenge to a Connecticut law that kicked off a process for the tribes behind Foxwoods Resort and Mohegan Sun to open a third casino in the state, finding the allegations that the law put the company at a competitive disadvantage were too abstract.

  • June 21, 2017

    Enviros, Tribe Challenge Permit For Wis. Frack Sand Project

    An environmental group and a tribe each mounted challenges Monday to the Wisconsin Department of Natural Resources’ permit allowing Meteor Timber LLC to fill in wetlands so it can build a facility to process sand used for hydraulic fracturing and an associated rail corridor.

  • June 20, 2017

    In Reversal, Fla. Judge Says 'Pre-Reveal' Games Are Slots

    The state of Florida and the Seminole Tribe won a reversal Monday in a closely watched case over so-called “pre-reveal” gaming machines, as a state judge decided he had erred in previously finding a feature that reveals a predetermined outcome distinguished them from slot machines under state law.

  • June 20, 2017

    Logo Suit Against Cleveland Indians Moves Forward In Ontario

    The Human Rights Tribunal of Ontario said Monday it won't delay a Canadian human rights activist's discrimination claims against Major League Baseball and the Cleveland Indians over the team's controversial "Chief Wahoo" logo, saying the case can go forward despite the existence of a parallel proceeding in another forum.

  • June 20, 2017

    Sioux Group In Pipeline Suit After Ditching Trump Claims

    A D.C. federal judge on Monday allowed several Sioux tribe members to join a challenge to U.S. Army Corps of Engineers approvals for the Dakota Access pipeline after they agreed to drop President Donald Trump as a target of their claims so as not to expand the dispute.

  • June 20, 2017

    Even Before Slants, Offensive TM Ban Always An Awkward Fit

    The U.S. Supreme Court's decision to strike down the federal government's ban on offensive trademark registrations in a case involving rock band The Slants highlights just how little the provision fit into the overall confusion-preventing goals of the Lanham Act — and probably doomed similar rules, experts say.

  • June 20, 2017

    Ga. Court Says Tribal Lending Co. Immune In Contract Row

    A Georgia appeals court on Monday tossed an arbitration award against a Native American tribe-owned lending company in a contract dispute, saying the company was shielded by the tribe's sovereign immunity from having the matter go to arbitration.

  • June 20, 2017

    Pueblos Sue NM Over Gambling Revenue Payment Demands

    The pueblos of Isleta, Sandia and Tesuque accused New Mexico officials in federal court Monday of improperly attempting to treat free-play gambling credits as revenue when calculating the revenue-sharing payments the tribes owe under gaming compacts with the state.

  • June 19, 2017

    Justice Sotomayor On Working A Room And The Post-Scalia Void

    Justice Sonia Sotomayor discusses the one thing she hates seeing at oral arguments, why diversity matters on the federal bench, and her habit of embracing audience members at live talks, in the first of two articles based on an exclusive interview with the 111th justice.

  • June 19, 2017

    10th Circ. Nixes School District Challenge To Tribal Court

    The Tenth Circuit on Monday held that a New Mexico school district could not pursue its claims that the Navajo Nation Supreme Court lacked jurisdiction over an employment dispute in which the district prevailed, saying that it had suffered no injury.

  • June 19, 2017

    Ex-Mohegan Sun Pocono VP Gets Almost 3 Years In Scheme

    A former Mohegan Sun Pocono executive on Friday received 32 months in prison for his collusion in an identity fraud scheme that reaped nearly $420,000 in winnings from slot machines using ill-gotten “free play” money at the Pennsylvania casino, the U.S. Department of Justice said.

Expert Analysis

  • Expectations After The Trump Administration's First 100 Days

    Jim Flood

    In its first 100 days, the Trump administration has had mixed results and may be behind where it wants to be. The biggest threat to President Donald Trump’s domestic policy agenda beyond the first 100 days is the difficulty of reconciling the Freedom Caucus Republicans, moderate Republicans and Democrats, say Jim Flood and Cari Stinebower of Crowell & Moring LLP.

  • The 9-Year Winning Streak Of Virginia ‘Rocket Docket’

    Bob Tata

    Out of 94 district courts, the Eastern District of Virginia has been the fastest civil trial docket in the country for nine straight years. Without micromanaging the process, the EDVA's judges, magistrate judges, and clerks and staff continue to perform at a stunningly efficient level, says Bob Tata of Hunton & Williams LLP.

  • Opinion

    Let's Talk About Half-Hearted Innovation

    Michael Moradzadeh

    Allowing attorneys to telecommute may seem like a great fix for law firms. But without significant changes to the firm's culture, telecommuting is just a patch applied to the problem of attrition, says Michael Moradzadeh, founding partner of Rimon PC.

  • Trump’s Environmental Agenda: The 1st 100 Days

    Brian Israel

    The first 100 days of the Trump administration have been momentous for environmental policy. Brian Israel and Ethan Shenkman of Arnold & Porter Kaye Scholer LLP outline what we know so far about President Donald Trump’s environmental agenda, identify key unknowns, and discuss five major obstacles that Trump will face as he seeks to implement his environmental agenda.

  • Roundup

    Counsel To Counsel: Insights From Law Firm GCs

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    General counsel at four law firms share the biggest issues they face in an increasingly complex legal environment.

  • Monthly Column

    Gray Matters: The Attorney-Client Team

    Robert Creo

    A 1979 study of attorney-client interactions revealed startling information: Despite years of education and training to hone their legal expertise, attorneys were not acting as independent counselors but rather allowing their clients to control them. Our experience is that this trend has accelerated, say dispute resolution experts Robert Creo and Selina Shultz.

  • Litigation Finance, Big Data And The Limits Of AI

    Christopher Bogart

    Theoretically, both better data and its better use should be able to improve results in litigation, and thus help litigation financiers allocate more capital to meritorious matters. However, while big data and artificial intelligence are intriguing additions to the litigation toolkit, they are far from turning litigation finance on its head, says Christopher Bogart, CEO of Burford Capital LLC.

  • Series

    Counsel To Counsel: Mama Said There'll Be Days Like This

    Peter J. Engstrom

    It's no longer enough for law firms simply to provide expert legal advice — we are expected to mirror clients' legal, ethics and social commitments and promises. For law firm GCs, the resulting job demands seem to grow exponentially, says Peter Engstrom, general counsel of Baker McKenzie.

  • Series

    Counsel To Counsel: A Law Firm GC's Data Protection Duties

    Thomas W. White

    Increasingly, we see companies in all industries seeking to perform various levels of due diligence on our information security defenses. We received three times as many diligence requests from clients and prospective clients in 2016 as we did in 2015. Some clients even conduct their own penetration tests, says Thomas White, general counsel of WilmerHale.

  • Series

    Counsel To Counsel: Evaluating Positional Conflicts

    Nicholas A. Gravante Jr.

    What happens when attorneys come to their general counsel’s office with knowledge of a potential positional conflict? While the inquiry will depend on the rules governing the particular jurisdiction, there are a few general questions to consider from both business and legal ethics perspectives, say general counsel Nicholas A. Gravante Jr. and deputy general counsel Ilana R. Miller of Boies Schiller Flexner LLP.