Native American

  • January 19, 2018

    Feds, Wis. Tribe Stand By BIA Gaming Compact Decision

    The federal government and the Menominee Indian Tribe of Wisconsin told a D.C. federal court Thursday that a Bureau of Indian Affairs decision rejecting an amendment to the Forest County Potawatomi Community gambling compact should stand, saying the change improperly protects the Potawatomi’s revenue at the former’s expense.

  • January 19, 2018

    1 Of 52 Bison Seen After Release Spurs Criminal Probe

    Yellowstone National Park staff have spotted at least one of the 52 bison illegally released from holding pens last week, as the National Park Service’s criminal investigation into the unauthorized emancipation continues, a spokeswoman said Friday.

  • 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.

Expert Analysis

  • 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.

  • Make Way For The 'Unicorns'

    Lucy Endel Bassli

    By "unicorn" I don’t mean the next great tech startup with a valuation of $1 billion. I mean the new breed of lawyers realizing that there are better ways to get their day jobs done, says Lucy Endel Bassli, assistant general counsel leading the legal operations and contracting functions at Microsoft Corp.

  • Series

    Judging A Book: McConnell Reviews 'Unequal'

    Judge John McConnell

    As widespread claims of sexual misconduct continue to surface in the entertainment industry and beyond, a discussion of how judges treat workplace discrimination cases may be particularly timely. Here, U.S. District Judge John McConnell reviews the book "Unequal: How America’s Courts Undermine Discrimination Law," by professors Sandra Sperino and Suja Thomas.

  • Defending The National Historic Preservation Act: Part 2

    Ann Berkley Rodgers

    Tribal consultation pursuant to the National Historic Preservation Act can and should be a collaborative process. Tribes should not be fearful of collaborating with project proponents, and federal agencies must allow for new strategies that are best suited to the proposed project, say attorneys with Chestnut Law Offices PC and Hobbs Straus Dean & Walker LLP.

  • Roundup

    Making Pro Bono Work

    Pro Bono Thumbnail

    In this series, attorneys explore the challenges and rewards of pro bono volunteering in the legal profession.

  • Being There: Preparing Witnesses For Depositions

    Alan Hoffman

    Preparing witnesses to be deposed is a critical element of discovery. It is important to remember that each witness is an individual with unique personal qualities, strengths and weaknesses. Getting to know the witness helps establish rapport and trust, says Alan Hoffman of Husch Blackwell LLP.

  • Defending The National Historic Preservation Act: Part 1

    Ann Berkley Rodgers

    The federal rush for infrastructure and energy development, combined with the ongoing Dakota Access pipeline saga, is placing the National Historic Preservation Act in jeopardy. This law is important for preventing the destruction of places significant to tribal culture, say attorneys with Chestnut Law Offices PC and Hobbs Straus Dean & Walker LLP.

  • Series

    Making Pro Bono Work: The Sidley-Exelon Partnership

    Kelly Huggins

    Exelon Corp. and Sidley Austin LLP have been working together on both short- and long-term pro bono matters for the past 10 years. We offer a glimpse of how we got started and what we have done in the hope that other corporate legal departments and law firms might find ways to work together to meet the legal needs of the poor, say Kelly Huggins, pro bono counsel at Sidley Austin, and Margaret Balsley-Cross, assistant general counsel at Exelon.

  • Recipe For Legal Project Management: Look To BBQ Champs

    Anthony Rospert

    As a master certified barbecue judge with the Kansas City Barbeque Society, I have noticed that the top pitmasters follow a consistent process in approaching each and every competition. Their "secret sauce" — employing project management principles — can also help lawyers achieve success, says Anthony Rospert of Thompson Hine LLP.