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Native American

  • August 14, 2018

    Health Center Settles Claims Over Navy Member's Job Rights

    A Phoenix-based health center dedicated to providing medical services to urban Native Americans, Alaska Natives and others has agreed to a settlement with the U.S. Department of Justice over claims that it violated the Uniformed Services Employment and Reemployment Rights Act when it declined to renew a U.S. Navy Reserves doctor's contract.

  • August 14, 2018

    Tribal College Wins Toss Of Former Worker's Sex Bias Suit

    A Montana federal judge has tossed a sex discrimination suit against Salish Kootenai College from its former director of academic success, holding that since the school functioned as an arm of the Confederated Salish and Kootenai Tribes, it wasn't an employer subject to litigation under Title VII of the Civil Rights Act of 1964.

  • August 13, 2018

    David Boies On How Dyslexia Shaped His Practice

    One of the country’s highest-profile litigators, the Boies Schiller Flexner LLP chairman was diagnosed with dyslexia when he was in his 30s. In an interview with Law360, he talks about practicing law with the learning disability.

  • August 13, 2018

    BigLaw’s Mental Health Stigma Shows Signs Of Fading

    Sometimes viewed as an “invisible” disability, mental illness has long been forced under wraps because of the risk attorneys could face bias and stigma. Here’s how lawyers, law firms and other groups are starting to take on the status quo.

  • August 13, 2018

    States Push Back Against Dismissal Bids In Opioid MDL

    Dozens of states slammed a bid by drugmakers and distributor McKesson Corp. to dismiss claims that they fueled the opioid crisis, telling an Ohio federal judge who is overseeing the opioid multidistrict litigation that a state's ability to protect the health of its citizens must not be restricted.

  • August 13, 2018

    Opioid MDL Bellwether Trial Postponed 6 Months

    An Ohio federal judge on Monday delayed the first bellwether trial in multidistrict litigation over the opioid epidemic by nearly six months to September 2019, the latest sign that dreams of quickly resolving the epic legal battle may not be realized.

  • August 13, 2018

    9th Circ. Snuffs Out Tobacco Co.'s Challenge On $58M Tax Tab

    The Ninth Circuit on Monday allowed the U.S. to collect $58 million from a Native American-owned tobacco manufacturer for unpaid federal excise taxes and related interest and penalties because neither a congressional statute nor a treaty with the Yakama Nation from the 1800s created exemptions for tax liabilities.

  • August 13, 2018

    10th Circ. Backs Feds' Win In Tribal Trust Account Dispute

    A Tenth Circuit panel on Monday backed a lower court's decision to toss a bid by the Alabama-Quassarte Tribal Town for a ruling that it is the rightful owner of a tribal trust account containing income derived from disputed land.

  • August 13, 2018

    Man Gets 8 Years In Prison For Oil And Gas Scheme

    A federal judge on Friday sentenced a man to more than eight years in prison for wire fraud and money laundering in connection with allegations that he falsely told investors he owned oil and gas leases in Montana, Texas and Oklahoma, including on the Blackfeet Indian Reservation.

  • August 13, 2018

    PTAB Review Trumps State Immunity, DOJ Tells Fed. Circ.

    The U.S. Department of Justice has urged the Federal Circuit to find that state sovereign immunity does not extend to reviews at the Patent Trial and Appeal Board, saying the court all but decided the issue in a recent case involving a Native American tribe.

  • August 13, 2018

    T-Mobile, Tribes Weigh In On FCC Spectrum Rules

    T-Mobile and several Native American tribes urged the Federal Communications Commission to ease restrictions on how spectrum reserved for educational content can be used and licensed, saying the move would modernize broadband service.

  • August 13, 2018

    Ariz. Agency Wants Quick Win In Water Rights Row

    An Arizona water district has moved for a quick win in a dispute over the district's alleged obligations to deliver excess water supply to the Ak-Chin Indian Community, urging a federal court to reject quick win bids filed by the tribe itself and the federal government.

  • August 13, 2018

    FCC Lifeline Reform Will Likely Harm Tribes, DC Circ. Says

    The D.C. Circuit has paused parts of the Federal Communications Commission's plan to alter the way it awards and disburses funds for the Lifeline program that helps poor people afford phone and internet service, saying eligibility changes are likely to shut out tribal customers rather than encourage network expansion as the FCC predicted.

  • August 10, 2018

    How The Legal Industry Lets Down Lawyers With Disabilities

    The dissolution of a five-year-old bar group marks the latest setback for disabled attorneys, who often find little support while navigating an inhospitable industry.

  • August 10, 2018

    Gaining Access: Disabled Lawyers Share Their Stories

    In a series of interviews, lawyers tell Law360 how even well-intentioned professors can create barriers, how inclusivity can help a firm’s litigation prowess, and how “inspirational” can be a dirty word.

  • August 10, 2018

    Officials Want Police Tactics Kept Secret In Tribal Tax Row

    Michigan officials facing a suit from the Keweenaw Bay Indian Community over the state’s tax authority urged a district court judge Thursday to overturn a magistrate judge’s discovery order, saying the tribe should not be allowed to conduct additional information on law enforcement investigative techniques.

  • August 10, 2018

    BIA Wants Out Of Suit Alleging Land Lease Plot

    The Bureau of Indian Affairs urged a North Dakota federal judge Friday to nix Prima Exploration Inc.’s claims that the agency schemed with two rival companies to end its lease on land within the Fort Berthold Reservation, saying the action is an improper attempt to skirt the administrative review process.

  • August 10, 2018

    EPA Must Regulate Stormwater Pollution In LA, Court Rules

    Environmental groups persuaded a California federal judge to rule Thursday that the Environmental Protection Agency had made an “arbitrary and capricious” decision when it refused to require permits for polluted stormwater runoff in the Los Angeles area, which the groups said was impairing two waterways.

  • August 10, 2018

    Seneca Tribe Wants NY Highway Easement Spat Kept Alive

    The Seneca Nation of Indians asked a New York federal court on Friday to deny state officials' bid to toss its suit alleging an easement for the New York State Thruway that runs through the tribe’s reservation is invalid, saying a previous action on the matter was dismissed without having been adjudicated by the court.

  • August 10, 2018

    SEC Gets $9.6M Judgment Against Galanis For Gerova Fraud

    The U.S. Securities and Exchange Commission nabbed a final judgment against convicted fraudster Jason Galanis that orders him to disgorge more than $9.6 million from proceeds he received through a scheme to illegally procure and then sell off stock in Gerova Financial Group Ltd.

Expert Analysis

  • 8 Reasons To Take A Fresh Look At Your Law Office Lease

    Tiffany Winne

    After moving into a new law office, tenants often file their signed leases away, figuring that the terms are set for a few years at least. However, leases can be very flexible instruments, and should be reviewed annually even if nothing seems amiss, says Tiffany Winne of Savills Studley Inc.

  • A General Counsel's Tips For Succeeding As A New Associate

    Jason Idilbi

    Based on his experience as a BigLaw associate for six years and now as general counsel for a tech startup, Jason Idilbi of Passport Labs offers some best practices for newer associates — whether they are serving external clients or senior attorneys within their firms.

  • Trade Association Dues: Calculating The Deduction Post-TCJA

    Andrew Emerson

    Trade associations and businesses lost the deduction for lobbying at the local and tribal level in last year's tax overhaul. Now they need to reassess the percentage of dues members can deduct or risk proxy tax liability, says Andrew Emerson of Holland & Knight LLP.

  • Series

    Judging A Book: Berzon Reviews 'We The Corporations'

    Judge Marsha Berzon

    My advice to prospective clerks will now include the suggestion that they read Adam Winkler's new book, "We the Corporations: How American Businesses Won Their Civil Rights," for the same reason I recommend taking a corporations course — appreciating the critical role of business corporations in American life and law, says Ninth Circuit Judge Marsha Berzon.

  • What ABA’s Position On Harassment Means For Employers

    Minjae Song

    In the #MeToo era, the American Bar Association’s recently passed Resolution 302 is a reminder of harassment policy best practices to all employers, and it should be of particular interest to employers in the legal industry, say attorneys with Hunton Andrews Kurth LLP.

  • Infrastructure Funding Is On The Rise In Indian Country

    Michael Connor

    For Native American communities, decades of underinvestment have resulted in decaying or nonexistent infrastructure across all sectors. Though there is still a long way to go, some recent new and proposed funding sources for infrastructure development on tribal lands are a step in the right direction, say Michael Connor and Raya Treiser of WilmerHale.

  • Practical Considerations For Litigating Proportionality

    Elizabeth McGinn

    By incorporating an explicit requirement that discovery must be “proportional to the needs of the case,” the 2015 amendments to the Federal Rules of Civil Procedure garnered much speculation as to their impact on courts’ decision-making processes. Now that the rules have been implemented for over two years, several themes have emerged, say attorneys with Buckley Sandler LLP.

  • Supporting Nontraditional Data Types In E-Discovery

    Jason Paroff

    The advancement in connected technologies and software has created an explosion of nontraditional data sources that present challenges to e-discovery practitioners. Many tools and techniques used to process traditional data may not be practical for these new data types, say Jason Paroff and Sagi Sam of Epiq.

  • A New Question On Tribal Fishing Rights For High Court

    Corrie Plant

    Based on recent oral arguments in Washington v. United States — a case involving the off-reservation fishing rights of 21 Native American tribes in the Pacific Northwest — it appears that the U.S. Supreme Court will likely announce some standard of what constitutes violation of these tribal rights, says Corrie Plant of Bick Law LLP.

  • The Fastest Federal Civil Court For A Decade

    Bob Tata

    Out of 94 district courts nationwide, the Eastern District of Virginia has the fastest civil trial docket in the country, now for at least the 10th straight year. The modern EDVA bench clearly takes pride in efficiently dispensing justice, and this dedication to efficiency has continued even in the face of increased filings, says Bob Tata of Hunton Andrews Kurth LLP.