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Native American

  • September 18, 2018

    Calif. AG Blasts Tribal Biz's Challenge To Tobacco Taxes

    California's attorney general urged a federal court to dismiss a business entity of the Big Sandy Rancheria Band of Western Mono Indians' challenge to certain state taxes linked to the sale of tobacco products, saying the tribal entity is not exempt from the taxes.

  • September 17, 2018

    Consumers Seek Cert. In Tribe-Linked High Rate Loan Suit

    A proposed class of consumers accusing an online lender tied to a Michigan tribe of issuing loans with unreasonably high interest rates urged a Virginia federal court Friday to grant their bid for certification, saying a class action is the best way to handle their claims.

  • September 17, 2018

    Mich. Tribe Members Say DOI Can't Dodge Disenrollment Suit

    Disenrolled members of the Saginaw Chippewa Indian Tribe of Michigan urged a D.C. federal judge not to toss their suit claiming the U.S. Department of the Interior didn’t respond to their bid to be reinstated to the tribe, saying the department has made it clear that it won’t act on their claims.

  • September 17, 2018

    Opioid MDL Stakes Rise For Pharmacy Benefit Cos.

    The nation’s biggest pharmacy benefit management companies should be forced to clamp down on painkiller prescriptions, according to a new motion that raises the stakes for PBMs in multidistrict litigation over the opioid epidemic and contains fresh signs of friction among plaintiffs attorneys.

  • September 17, 2018

    IHS To Shift $25M Over Tribal Leaders' Objections

    The Indian Health Service told Native American leaders that the agency will take $25 million earmarked for inflation funding to cover costs for leases with tribes under the Indian Self-Determination and Education Assistance Act, despite the leaders' resistance to the plan.

  • September 17, 2018

    Tribe Asks Full 9th Circ. To Mull Tech Effect In Bingo Ruling

    The Iipay Nation of Santa Ysabel asked the Ninth Circuit to rethink its ruling affirming a lower-court decision that shut down the tribe’s online bingo site, with the Iipay Nation seeking a rehearing en banc because it believes the decision did not adequately consider how tribes can use remote access technology under the Indian Gaming Regulatory Act.

  • September 14, 2018

    Supreme Court Cases Enviro Lawyers Should Watch This Fall

    The U.S. Supreme Court will consider in its latest term a diverse group of environmental law cases that address questions about whether the Clean Water Act permits the regulation of groundwater and how much power Congress intended to give the executive branch in a law that allows federal agencies to bypass environmental statutes in the name of border protection. Here, Law360 previews some of the biggest environmental law cases to watch in the new term.

  • September 14, 2018

    Tribe Says Enbridge Pipeline Plan Would Skirt Enviro Review

    The Bay Mills Indian Community urged the federal government on Thursday to cancel a proposal to allow Enbridge Energy LP to perform construction work on an oil pipeline in the Great Lakes, saying the government's approval of the plan would help the company avoid a required environmental review.

  • September 14, 2018

    8th Circ. Tosses Tribes' Child Welfare Claims Against SD

    The Eighth Circuit on Friday overturned a lower court decision handing a partial quick win to the Oglala and Rosebud Sioux tribes in their suit challenging South Dakota's handling of temporary custody proceedings involving Native American children, saying it should have abstained from exercising jurisdiction under a U.S. Supreme Court decision.

  • September 14, 2018

    9th Circ. Says Teck Can't Nix Tribes' $8.6M Pollution Award

    The Ninth Circuit on Friday upheld an $8.6 million award for costs incurred by the Confederated Tribes of the Colville Reservation in response to Canadian mining giant Teck Resources Ltd.’s pollution of the Columbia River.

  • September 14, 2018

    Maine Says EPA Tribal Water Rulings Should Be Thrown Out

    Maine on Friday asked a federal judge to grant the U.S. Environmental Protection Agency’s request that decisions disapproving certain quality standards for waters near tribal lands be remanded, but also asked the decisions be vacated, a move the EPA opposes.

  • September 14, 2018

    Tribes Face Rougher Road For Land-Into-Trust Bids

    The U.S. Department of the Interior’s rejection this month of the Mashpee Wampanoag Tribe's application to have its Massachusetts land held in trust puts the tribe’s planned casino project in jeopardy and could signal that the Trump administration intends to make it more difficult for recently recognized tribes to pursue their land-into-trust requests, experts say.

  • September 13, 2018

    Gold Miners Can't Crack Ore. Mining Regs At 9th Circ.

    A split Ninth Circuit panel has upheld an Oregon statute prohibiting motorized mining methods in sensitive salmon habitats, which had been challenged by gold miners and mining groups, finding it is not preempted by federal law.

  • September 13, 2018

    Tribal Appeal Will Delay Bingo Machine Row, Texas Says

    Texas told a federal court to reject a Pueblo tribe’s efforts to appeal orders allowing discovery against its governor and a tribal gaming organization in litigation accusing it of illegally operating electronic bingo machines, arguing that getting the Fifth Circuit involved will only allow the tribe to keep delaying the proceedings.

  • September 13, 2018

    9th Circ. Says Ariz. Voting Laws Don't Violate Minority Rights

    A split Ninth Circuit panel said a lower court properly determined that two Arizona laws did not place a significant burden on voters or violate the Voting Rights Act, rejecting the Democratic National Committee’s claim that the laws restrict the voting rights of minorities.

  • September 13, 2018

    Yellowstone Grizzly Hunt Blocked For 2 More Weeks

    A Montana federal judge on Thursday extended for two weeks his block on a grizzly bear hunt in the Yellowstone National Park area, saying there are “serious questions” about whether the federal government was correct in removing Endangered Species Act protections for the animals.

  • September 13, 2018

    DOI Asks 10th Circ. To Toss Methane Rule Appeal As Moot

    The U.S. Department of the Interior on Wednesday told the Tenth Circuit it should let stand a ruling that delays implementation of parts of a rule restricting methane emissions from natural gas wells on public and tribal lands, explaining that a replacement rule will be issued soon.

  • September 13, 2018

    Allergan Looks To Keep CEO's Tribal Patent Docs Out Of MDL

    Documents from Allergan Inc.’s CEO and general counsel on a deal transferring patents to a Native American tribe are at best “marginally relevant” to multidistrict litigation accusing the company of illegally delaying a generic version of dry-eye medication Restasis, the drugmaker told a New York federal judge Wednesday.

  • September 13, 2018

    Enviros Take Marianas Live-Fire Testing Suit To 9th Circ.

    Several environmental groups launched an appeal to the Ninth Circuit on Wednesday of an order granting the U.S. Navy and U.S. Department of Defense a quick win in a challenge to planned live-fire testing sites in the Northern Mariana Islands.

  • September 12, 2018

    Law Schools Struggle To Find Themselves In Post-Recession Market

    Classes on blockchain and artificial intelligence. Crash courses in business and financial markets. These are a few ways law schools are preparing students for a job market that is struggling in the wake of the recession.

Expert Analysis

  • Series

    From Lawmaker To Lawyer: How Congress Affected My Career

    Yvonne B. Burke

    Being a former member of Congress put me in an advantageous position when I approached law firms in the late '70s, at a time when there were few female lawyers, and even fewer African-American lawyers, in major law firms, says former Rep. Yvonne B. Burke, D-Calif., a director of Amtrak.

  • Series

    From Lawmaker To Lawyer: DC Isn't As Bad As You Think

    Norm Coleman

    Popular culture paints the Hill as a place teeming with intrigue, corruption and malicious intent. But in Congress I learned important lessons about respecting people and the work they do, says former Sen. Norm Coleman, R-Minn., of Hogan Lovells.

  • Series

    From Lawmaker To Lawyer: 6 Things I Learned In Congress

    Charles Gonzalez

    I found that senior members of Congress didn’t have time to mentor younger members. Lawyers — though just as busy as members of Congress — cannot afford to follow this model, says former Rep. Charles Gonzalez, D-Texas, of Ogletree Deakins Nash Smoak & Stewart PC.

  • Culverts Win May Indicate A New Era For Tribal Treaty Rights

    J. Nathanael Watson

    The U.S. Supreme Court's decision in Washington v. United States this month could have broad implications for a variety of development, construction and farming practices throughout the Northwest. The door has clearly been opened for the state of Washington, and other parties, to pursue negotiation and settlement whenever existing structures impact tribal treaty rights, says J. Nathanael Watson of Stoel Rives LLP.

  • Opinion

    BigLaw's Associate Salary Model Is A Relic Of A Bygone Era

    William Brewer

    Legal industry compensation practices are once again in the news as BigLaw firms continue to match the new high watermark of $190,000 for first-year associate salaries. The typical model of increasing associate salaries uniformly fails star associates, the firms they work for and, ultimately, the clients they serve, says William Brewer, managing partner of Brewer Attorneys & Counselors.

  • #MeToo At Law Firms And What We Can Do About It

    Beth Schroeder.JPG

    While some may say it’s ironic, it’s also embarrassing and enraging that the very industry that offers anti-harassment training, policies and counsel now finds itself the subject of #MeToo headlines. The American Bar Association recommendation that will bring about the greatest change is the call to provide alternative methods for reporting violations, says Beth Schroeder, chair of Raines Feldman LLP's labor and employment group.

  • Knowledge Lawyers Can Help Firms Stay Ahead Of The Curve

    Vanessa Pinto Villa

    In a profession notoriously averse to change, it should come as no surprise that there is skepticism about the value of having attorneys perform nonbillable tasks. But U.S. law firms have slowly begun to incorporate knowledge lawyers into their operations — and the trend is likely to continue, says Vanessa Pinto Villa of Hogan Lovells.

  • Wash. Tribes' High Court Win Raises Treaty Rights Concerns

    Lee Redeye

    Last week, the U.S. Supreme Court affirmed a major win for Washington tribes in Washington v. United States. However, the nature of the Supreme Court's affirmation — a 4-4 split without a written decision — means that its precedential value is questionable, says Lee Redeye of Lippes Mathias Wexler Friedman LLP.

  • An Unprecedented Look Inside The FARA Unit

    Brian Fleming

    For close observers of the Foreign Agents Registration Act, the June 8 release by the U.S. Department of Justice of over 50 FARA advisory opinions was a watershed. These opinions offer an unprecedented glimpse into how the FARA Registration Unit interprets the law, say Brian Fleming and Andrew Herman of Miller & Chevalier Chtd.

  • Why Lawyers Shouldn't Accept Fees In Cryptocurrency: Part 2

    John Reed Stark

    The legal industry has already begun to feel the impact of anti-bribery and anti-money laundering requirements. When involved with cryptocurrency trading and remittance, law firms face more than the risk of being perceived as organizations that support money laundering practices, says John Reed Stark of John Reed Stark Consulting LLC.