Native American

  • January 27, 2017

    Idaho Tribe, Feds Reach Deal To Block 'Megaload' Shipments

    The Nez Perce Tribe and an environmental group reached a deal with the U.S. Forest Service that was approved by an Idaho federal judge Friday, resolving claims that the agency flouted its own rules by allowing energy companies to haul massive loads of equipment through a protected river corridor.

  • January 27, 2017

    Treaty May Let Seneca Member Litigate Tax Refund Claim

    The IRS failed in its bid to throw out a lawsuit from a member of the Seneca Nation of Indians trying to recover thousands of dollars in taxes and penalties when a magistrate judge said that a tax exemption might be allowed under a treaty.

  • January 27, 2017

    Casino, Foes Spar Over Jurisdiction As Judgment Looms

    An activist group challenging the construction of a tribe’s $400 million casino near San Diego on Thursday sought to stave off final judgment in the case, saying its appeal of the district court’s ruling that had tossed most of its claims was still pending in the Ninth Circuit.

  • January 27, 2017

    2nd Circ. Won't Rehear NY Casino Land Dispute

    The Second Circuit on Friday denied petitions from a nonprofit and a New York state town, both of which are seeking to prevent the federal government from entrusting land surrounding New York's Turning Stone Resort and Casino to the Oneida Indian Nation, asking the court to reconsider affirming a lower court ruling that tossed two lawsuits alleging the acquisition was unconstitutional.

  • January 27, 2017

    Trump And Tribes: What's In Store For Indian Country

    President Donald Trump’s decision to push forward the controversial Dakota Access pipeline sent shock waves through Indian Country. But some Native Americans say they’re optimistic about the new administration and expect tribes to assume a bigger role in managing their own affairs. Here are the possibilities tribal advocates say they’re most worried — and hopeful — about as they look ahead to the next four years.

  • January 27, 2017

    Ariz. Tribe Pushes Back Against Trump's Border Wall

    A Native American tribe with 75 miles of reservation on the U.S.-Mexico border might force a gap into President Trump’s border wall, saying Thursday that it opposes the construction of a wall and criticizing the administration for its lack of communication.

  • January 26, 2017

    Calif. High Court To Hear Tribe's Suit Over Rival's Casino OK

    California’s top court agreed on Wednesday to review a decision upholding a ruling that rejected a Native American tribe’s challenge to the California governor’s role in authorizing another tribe’s competing casino project, in which the tribe bringing the case alleges that the governor usurped the state Legislature’s powers.

  • January 26, 2017

    Corps Gets More Time To Prep New Leaders On Pipeline Row

    A D.C. federal judge on Thursday extended certain briefing deadlines in the Standing Rock Sioux Tribe’s lawsuit challenging U.S. Army Corps of Engineers' approvals for the Dakota Access pipeline after the Corps said it needed more time because of leadership transitions prompted by President Donald Trump assuming office.

  • January 26, 2017

    Deal Leads To Retiring Of Coal Field Rights In Alaska

    A deal has been inked between an Alaska Native corporation, a sustainable real assets investment firm and two conservation groups that secured the sale and permanent retirement of an Alaskan coal field, the parties in the deal announced Thursday.

  • January 26, 2017

    Dropped Word Shouldn’t Kill Tribe Injury Suit, Complaint Says

    A woman sued a tribe-owned casino in Oregon federal court on Wednesday claiming that the Cow Creek Band of Umpqua Indians Tribal Court should not have thrown out her trip-and-fall case just because her lawyer forgot one word in a filing.

  • January 26, 2017

    Mich. Tribe Asks To Join Rival's Casino Land Suit, Citing Deal

    The Nottawaseppi Huron Band of the Potawatomi asked on Wednesday to intervene in the Bay Mills Indian Community’s suit against Michigan Gov. Rick Snyder seeking to establish that it can operate a casino off its reservation, arguing the governor may be negotiating a deal and its interests are therefore not being adequately represented.

  • January 26, 2017

    Tribe, Enviros Say Navy’s Ship Cleaning Is Polluting Inlet

    Two environmental groups and the Suquamish Tribe on Wednesday told the U.S. Navy they intend to sue it over its scraping of the hull of a mothballed aircraft carrier in Sinclair Inlet in Washington state, saying it has disregarded pollution control measures.

  • January 25, 2017

    Trump Memo To Get Hearing In Dakota Pipeline Suit

    A D.C. federal judge on Wednesday set up a hearing to discuss how a recent memorandum by President Donald Trump aimed at pushing forward the Dakota Access pipeline impacts a lawsuit in which the Standing Rock Sioux Tribe has challenged approvals granted by the U.S. Army Corps of Engineers.

  • January 25, 2017

    Blue Lake Says Challenge To Tribal Court Case Is Now Moot

    The Blue Lake Rancheria on Tuesday looked to nix a man’s lawsuit seeking to halt a tribal court dispute accusing him of fraudulently inducing the tribe’s casino into a gambling software development deal on the grounds that the judge presiding over it has a relationship with the tribe, saying the tribal court judge has recused himself.

  • January 25, 2017

    ND Gov. Chimes In On Trump's Dakota Access Pipeline Action

    North Dakota's newly elected Republican governor on Tuesday chimed in on President Donald Trump’s memorandum aimed at pushing forward the controversial Dakota Access oil pipeline, saying the pipeline has already undergone exhaustive reviews and has been upheld in court.

  • January 25, 2017

    Comprehensive Gaming Bill Advances In Fla. Senate

    A gaming bill in the Florida Senate that aims to ratify a new $3 billion compact with the Seminole Tribe and address pari-mutuels, fantasy sports and lotteries mostly breezed through its first stop Wednesday, facing some criticism but only minor debate in the Regulated Industries Committee.

  • January 25, 2017

    Tribe Still Can't Freeze Ex-Leaders' Assets In Theft Dispute

    A California federal judge on Tuesday elaborated on a prior decision to reject the Paskenta Band of Nomlaki Indians’ bid to freeze the assets of former tribal officials it has accused of a sprawling embezzlement scheme and gave a bank a quick win on claims by the tribe that it had helped the ex-leaders.

  • January 25, 2017

    Judge Clarifies Order For Tribe In Wash. County Tax Row

    A federal judge issued a brief clarification Tuesday in response to the Tulalip Tribes' request for confirmation that an order, which largely ruled against the state of Washington and Snohomish County in a dispute over taxes on reservation lands, did not weigh the balance of federal, tribal and state interests.

  • January 25, 2017

    Alaska Native Corp. Says FCA Claims Didn’t Stop Contracts

    An Alaska Native corporation urged a federal court on Tuesday to toss a False Claims Act suit by a would-be whistleblower accusing the company of abusing a Small Business Administration contracting program for disadvantaged groups through "sham" subsidiaries, saying the SBA has been informed of the allegations and has continued to award contracts to the subsidiaries.

  • January 24, 2017

    DOI ‘Rubber-Stamped’ Lease Ruling From Tribe, DC Circ. Told

    A family trust representative urged the D.C. Circuit on Monday to restore a lease on land held in trust for the Colorado River Indian Tribes in California, claiming that the U.S. Department of the Interior had merely “rubber-stamped” a decision on the lease that had been prescribed by the federally recognized tribe.

Expert Analysis

  • OPINION: The US Supreme Court In 2017

    James Brosnahan

    The ideologue’s main problem is believing in conformity of thought. They will now search for true believers, but fortunately very few judges harbor the dark, conservative uniformity desired. If they do find one, the Senate will not confirm, says James Brosnahan, a senior trial counsel with Morrison & Foerster LLP.

  • The Intricacies Of Patent Infringement In Indian Gaming

    Rob Roy Edward Stuart Smith

    Federal courts have ruled that tribes are immune to private lawsuits brought under the U.S. Patent Act, unless they waive their sovereign immunity. Tribes should consider creatively using their immunity to become more involved in technology development, say attorneys from Kilpatrick Townsend & Stockton.

  • A Primer On The Presidential Appointee Vetting Process

    Robert K. Kelner

    With the election over, the process of selecting individuals to fill the next administration’s key appointed positions is quickly shifting into high gear. For those who are called to serve in such positions, the process entails extensive vetting of professional credentials and a host of personal background check issues, say attorneys with Covington & Burling LLP.

  • Merging Law Firms: Think Before You Tie The Knot

    John Remsen Jr.

    Getting larger isn’t a good enough reason to merge. Focus on whether the merger will make your firm better. Also, it’s possible that a merger can reduce profitability, says John Remsen Jr. of TheRemsenGroup.

  • Merging Law Firms: Why Deals Fail Or Underperform

    Lisa Smith

    While many law firm mergers have been successful, some have been spectacularly unsuccessful — to the point of firm dissolution. Some have exceeded expectations, while others have had little impact on the overall competitiveness of the combined firm. In both failed discussions and less-than-successful mergers, there are mistakes that are made along the way, says Lisa Smith of Fairfax Associates.

  • What To Expect From The New Senate

    Kay Bailey Hutchison

    A word of caution to our fellow Republicans — one lesson learned from President Obama’s first two years in office is that pushing through partisan legislation could come back to haunt a party and a presidency, say former Sen. Kay Bailey Hutchison, R-Texas, and Curt Beaulieu of Bracewell LLP.

  • Merging Law Firms: Beware Conflicts Of Interest

    Allison Martin Rhodes

    Among the many ethical issues that can arise, conflicts of interest from current or past representation of each firm’s clients should be at the forefront of merger discussions. Recently, we have seen such conflicts disqualify firms in the middle of high-cost litigation, say Allison Martin Rhodes of Holland & Knight LLP and Robert Hillman of the University of California, Davis.

  • Man Vs. Machine: Or, Lawyers Vs. Legal Technology

    Abdi Shayesteh

    Some have claimed that emerging legal technologies and increasingly cost-conscious clients will mean the extinction of the legal profession as we know it. However, innovations in legal technology may actually benefit attorneys, allowing them to spend their time doing more meaningful work, say Abdi Shayesteh and Elnaz Zarrini of AltaClaro.

  • OPINION: The Verdict — A Rejection Of Politics As Usual

    Reuben Guttman

    The verdict on Nov. 8, was not unanimous, especially when Secretary Hillary Clinton will end up with a popular vote advantage. Yet, it is a message of extreme magnitude from voters willing to overlook the serious flaws of a candidate because they could not reconcile themselves to ratifying the perpetuation of politics as usual, says Reuben Guttman, a partner of Guttman Buschner & Brooks PLLC and adjunct professor at Emory Law School.

  • Merging Law Firms: Why Hogan Lovells Has Worked

    J. Warren Gorrell Jr.

    As shown by the impending merger between Arnold & Porter LLP and Kaye Scholer LLP, consolidation in the legal industry remains a popular strategy among firms looking to boost revenue and acquire new clients. J. Warren Gorrell Jr., a key architect of the 2010 merger that created Hogan Lovells, reflects on his own experience and why mergers of equals are particularly difficult.