Native American

  • March 1, 2017

    Interior Pick Zinke Sails Through Confirmation Vote

    The U.S. Senate on Wednesday easily confirmed Montana Congressman Ryan Zinke to serve as secretary of the interior, adding another backer of fossil fuel development to President Donald Trump's Cabinet.

  • February 28, 2017

    Nooksack Judge Claims Immunity From Disenrollment Suit

    The chief judge of the Nooksack Tribal Court said Monday that he’s shielded by judicial immunity and decried what he called the “blatant misuse” of federal racketeering law as he attempted to escape claims by tribe members who say tribal officials illegally tried to strip them of membership.

  • February 28, 2017

    Sioux Say Trump Illegally Pushed Through Dakota Pipeline

    Members of several Sioux tribal nations hit President Donald Trump with a proposed complaint in D.C. federal court Monday, alleging Trump illegally directed the federal government to approve the Dakota Access pipeline for business reasons.

  • February 28, 2017

    Enviros Settle FOIA Suit Over Groundwater Pollution Worries

    An environmental group based on the Yakama Indian Reservation has settled a lawsuit against the Indian Health Service for failing to respond to records requests about groundwater nitrate pollution, according to a court document filed in Washington state federal court Monday.

  • February 28, 2017

    Cobell Counsel To Blame For Fee Delay, Ex-Atty Says

    A former attorney for class representatives in a landmark suit over the federal government's alleged mismanagement of Native American trust funds fired back in D.C. federal court Monday in a bid for more than $800,000 in interest on his fees, saying it was the plaintiffs’ refusal to pay him rather than his unwillingness to settle that delayed his payment.

  • February 28, 2017

    Navajo Again Hit Back On State Judge's Jurisdiction Claims

    The Navajo Nation on Monday rebuked a state judge’s bid to have a federal judge reject the tribe’s argument that a state court lacks jurisdiction over a dispute involving a tribe member who allegedly interfered with the use of an irrigation ditch on his property, saying a piece of land at issue is an allotment in Indian Country.

  • February 28, 2017

    Trump Moves To Sink Obama's Clean Water Rule

    President Donald Trump on Tuesday signed an executive order directing his administration to fulfill his campaign pledge to roll back a controversial Obama-era rule critics said expanded the federal government’s jurisdiction under the Clean Water Act.

  • February 27, 2017

    Senate Advances Interior Pick Zinke Toward Final Vote

    The Senate has worked its way closer to a final vote on President Donald Trump’s pick for the Department of the Interior, after Rep. Ryan Zinke’s nomination passed a key hurdle Monday.

  • February 27, 2017

    Sioux Tribes Press Religious Claims Against Dakota Access

    The Cheyenne River Sioux Tribe pressed a D.C. federal judge Friday to block construction of the Dakota Access pipeline because the project allegedly interferes with the tribe's exercise of religion, saying it preserved that claim by repeatedly raising its religious concerns with the U.S. Army Corps of Engineers.

  • February 27, 2017

    Navajos Seek Win On Liability In Utah Voting Rights Suit

    The Navajo Nation Human Rights Commission pressed a Utah federal court Friday to find San Juan County liable for failing to provide equal opportunities to vote for all voters in its suit challenging the county’s predominantly mail-in voting system as detrimental to Navajo citizens.

  • February 27, 2017

    House OKs Tweak To Native American Employment Grants

    The U.S. House of Representatives passed a bill tweaking federal policy for Native American employment training programs Monday, adding additional flexibility for tribes and the Interior Department.

  • February 27, 2017

    Vendors Cutting Off NM Pueblo's Casinos, 10th Circ. Told

    The Pueblo of Pojoaque urged the Tenth Circuit on Friday to quickly restore an injunction that had prevented New Mexico's gaming board from taking actions against the tribe's vendors, saying a lower court’s decision to lift the stay is already taking a toll on the tribe’s casinos as two vendors have already stopped doing business with them.

  • February 27, 2017

    Cobell Reps Blast Ex-Atty's Bid For Interest On $2.8M Fees

    Class representatives in the landmark Cobell litigation over the federal government's alleged mismanagement of Native American trust funds blasted their former lawyer’s request Friday that nearly $820,000 in prejudgment interest be added to the $2.8 million in fees he recently won for his work on the protracted dispute.

  • February 27, 2017

    Justices Won't Hear Calif. Tribal Disenrollment Appeal

    The U.S. Supreme Court on Monday rejected a bid by an extended family of former members of a California tribe for review of a Ninth Circuit ruling they claimed backed their illegal removal from the tribe’s membership rolls.

  • February 27, 2017

    Calif. Group Asks For Hold In Tribal Casino Land Row

    A California community group urged a D.C. federal court on Friday to put a hold on its suit seeking to block the U.S. Department of the Interior from acquiring land after taking it into trust for a tribe, saying it is seeking an administrative appeal in the case with the Interior Board of Indian Appeals.

  • February 27, 2017

    Law360 Native American Editorial Advisory Board

    Law360 is pleased to announce the formation of its 2017 Native American editorial advisory board.

  • February 24, 2017

    Idaho Lawmakers Nix Bill To Pull Tribes' Gambling Machines

    An Idaho House of Representatives committee on Thursday voted not to advance a proposed bill to ban tribal video gaming machines in the state by a slim margin, after the legislation faced stiff opposition from tribes in the state.

  • February 24, 2017

    Gamblers Want Justices To Hear Tribal Casino Winnings Suit

    A group of gamblers has asked the U.S. Supreme Court to review their case alleging that the tribal operator of the Foxwoods Resort Casino and certain casino employees falsely accused them of cheating and kept their winnings, saying they’ve been cheated out of due process.

  • February 24, 2017

    Tribal Casino Opponents Say 9th Circ. Has Dibs On Suit

    An activist group and others opposing the construction of a tribe’s $400 million casino near San Diego told a California federal court Thursday that it must vacate its recent dismissal of one of the group’s claims and let the Ninth Circuit rule on the rest of the claims in the suit.

  • February 24, 2017

    DOI Slams Brakes On Mineral Royalty Rule Amid Court Fight

    The U.S. Department of the Interior recently said it will hold off on implementing the Obama administration's update of how lease royalties for minerals on federal and Native American lands are calculated, until legal challenges to the revisions play out.

Expert Analysis

  • Indian Country: More Of The Same Or Something New?

    David Coventry Smith

    Now that the Standing Rock protests have brought Indian interests into the national spotlight, the incoming administration has the opportunity to implement beneficial policies regarding the federal trust responsibility owed to Indians and tribes, if we can acknowledge lessons learned from the past, says David Smith of Kilpatrick Townsend & Stockton LLP.

  • Keeping Pro Se Litigants At Bay

    Michael Walden

    Pro se litigation can be a time-consuming cost of doing business, particularly for large, well-known companies. Though pro se cases occasionally include interesting, even amusing, claims, like all litigation, they must be taken seriously. In this article, attorneys from Shook Hardy & Bacon LLP detail several practical approaches to dealing with the problems posed by pro se litigants.

  • The Future Of DAPL And Tribal Consultations

    Maranda Compton

    Although any judicial decision on Dakota Access’ recent claims that the Army Corps of Engineers attempted to block construction of the Dakota Access pipeline project won't be issued until at least the end of February 2017, the future of the DAPL could hinge not on U.S. District Court Judge James Boasberg' decisions, but on actions taken by the next administration, say attorneys at Van Ness Feldman LLP.

  • Are Courts In The Discovery Driver’s Seat?

    Cristin K. Traylor

    I recently asked a panel of four federal court judges whether they expect courts to start taking a more active role in e-discovery. They answered with a resounding yes. However, their responses left me wondering whether courts are actually taking a more active role in discovery since the Federal Rules of Civil Procedure amendments took effect in December 2015, says Cristin Traylor of McGuireWoods LLP.

  • A Trademark Year In Wine And Beer 2016: Part 3

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    David Kluft of Foley Hoag LLP is back with 28 more tasteful tales about 2016's most notable beer and wine trademark disputes.

  • Rules Of Civil Procedure Updates Affect E-Discovery

    Patrick Reilly

    On Dec. 1, 2016, the annual updates to the Federal Rules of Civil Procedure went into effect. Revisions include the end of the three-day “mail rule” extension for electronically served discovery, an amendment regarding service of internationally based corporate defendants, and a technical change regarding venues in maritime law actions, say Patrick Reilly and Eldin Hasic of Faegre Baker Daniels LLP.

  • The Path To The California Bench

    Judge George F. Bird

    Ever consider applying for a judicial appointment in California? Get the lay of the land from Judge George Bird of the Los Angeles Superior Court and Kimberly Knill, a senior appellate court attorney for the California Court of Appeal. Additionally, hear what several recent appointees to the LA Superior Court thought of the judicial selection process.

  • 3 Tips To Avoid Being On The Outs With In-House Counsel

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    When trial lawyers fail to recognize the unique challenges faced by in-house counsel, it jeopardizes not only the outcome of the case, but also the opportunities for future representation. These few simple strategies are hardly rocket science, but they are too often neglected, says Matthew Whitley
 of Beck Redden LLP.

  • The Horrible Conflict Between Biology And Women Attorneys

    Anusia Gillespie

    Women leave law firms for many of the same reasons men do, but also face challenges including headwinds with respect to assignment delegation and social outings, as well as potential disruptions if they choose to have children. Firms can increase investment in talent management and improve retention and engagement of women attorneys, says Anusia Gillespie of Banava Consulting.

  • Lawyer EQ: Finding Success In Every Interaction

    Judith Gordon

    American legal education relies almost exclusively on analytical thinking. But success in legal practice depends in large part upon an accurate emotional understanding of oneself and the human seated opposite us. Honing emotional intelligence skills can lead to greater success, and Judith Gordon of LeaderEsQ offers a few tools that can be implemented immediately to raise one’s emotional intelligence quotient.