Native American

  • December 8, 2016

    DOI Watchdog Finds SD Tribe Misused $1.4M In Federal Funds

    The U.S. Department of the Interior's Office of Inspector General said Wednesday that the Lower Brule Sioux Tribe misused more than $1.4 million in federal funding intended for the operation of a water system in South Dakota.

  • December 8, 2016

    11th Circ. Won't Rethink Tribal Immunity In Age Bias Suit

    In a brief order, an Eleventh Circuit panel on Thursday rejected a rehearing bid from a former employee of the Poarch Band of Creek Indians’ health department who had argued that the tribe should not be shielded from her age discrimination suit by sovereign immunity.

  • December 8, 2016

    Native Class Rep Fights Deal To Divide $380M Leftover Funds

    A Native American class representative in the landmark Keepseagle settlement of farmer racial discrimination claims against the government pressed the D.C. Circuit on Wednesday to throw out a plan to redistribute $380 million left over from the deal over opposition from the lead class representative and the government.

  • December 8, 2016

    Sioux Tribes Urge Stay In Pipeline Fight For Enviro Review

    The Standing Rock Sioux Tribe and Cheyenne River Sioux Tribe urged a D.C. federal judge Wednesday to pause their suit over the U.S. Army Corps of Engineers' permits for the Dakota Access pipeline at a disputed site in North Dakota while the agency conducts a more thorough environmental review of the project.

  • December 7, 2016

    9th Circ. Won't Block Logging Project Opposed By Tribe

    A Ninth Circuit panel on Monday found a lower court did not abuse its discretion when it refused to stop a logging project in the Klamath National Forest opposed by the Karuk Tribe and environmental groups.

  • December 7, 2016

    Tribes Urge Justices To Nix DOI's Land Trust For Cowlitz

    Two California-based tribes and a tribal business alliance have backed an anti-casino group asking the U.S. Supreme Court to review and overturn a D.C. Circuit ruling that held the U.S. Department of the Interior properly took Washington state land into trust for the Cowlitz Indian Tribe's gaming project.

  • December 7, 2016

    Mich. Tribe, Blue Cross Both Seek Wins In ERISA Suit

    The Little River Band of Ottawa Indians and Blue Cross Blue Shield of Michigan both pushed for quick wins in federal court Tuesday in the tribe’s suit alleging the insurer violated the Employee Retirement Income Security Act by mismanaging a tribal employee health benefit plan.

  • December 7, 2016

    Trump Taps Oklahoma AG Pruitt To Lead EPA

    President-elect Donald Trump said Thursday he will nominate Oklahoma Attorney General Scott Pruitt to lead the U.S. Environmental Protection Agency, indicating that the agency will veer from the Obama administration’s climate change-focused agenda and work on assisting the growth of the domestic energy industry.

  • December 7, 2016

    House Sends 2 Bills On Tribal Land Trusts To Obama's Desk

    The U.S. House of Representatives signed off on two bills on Tuesday that concern taking land into trust for Oregon-based Native American tribes, sending them to President Barack Obama’s desk, the chairman of the Senate Committee on Indian Affairs announced.

  • December 7, 2016

    Tribe Says Ariz. Official Can't Show Fraud In Casino Row

    The Tohono O'odham Nation has urged a federal judge to grant it a win in its suit against the head of Arizona's gambling department over the tribe's right to offer Las Vegas-style gaming near Phoenix, saying the official’s claims the tribe committed fraud by allegedly hiding its intention to open a casino there aren't supported by the record.

  • December 7, 2016

    Tribe’s False Recognition Case Moved To DC Court

    A suit brought in Colorado federal court in which the Munsee Delaware Indian Nation-USA allege it was incorrectly listed by the Bureau of Indian Affairs as having been denied federal recognition despite never applying for it belongs in Washington, D.C., a federal magistrate judge has found.

  • December 6, 2016

    Standing Rock Sioux Ask DC Circ. To Vacate Pipeline Ruling

    The Standing Rock Sioux Tribe urged the D.C. Circuit on Monday to vacate a lower court ruling that rejected the tribe’s bid to block construction on the controversial Dakota Access pipeline, saying that while the specific construction work the tribe opposed has since been completed, the tribe may yet prevail in its suit challenging federal permits for the project.

  • December 6, 2016

    Ariz. Tribe's Suit Says Private Wells Threaten Water Rights

    The Havasupai Tribe on Monday sued several groundwater well owners for illegally depleting an aquifer that provides water to the tribe.

  • December 6, 2016

    Dakota Access Asks Court To Rule Corps Gave It Permission

    The company behind the controversial Dakota Access pipeline said Monday that the federal government is relying on “fiction” to block work on the project beneath a North Dakota lake and asked a federal district court to rule that the firm has already received the necessary permission to proceed.

  • December 6, 2016

    Mass. Tribe Asks 1st Circ. To Allow Martha's Vineyard Casino

    A Massachusetts Native American tribe on Tuesday asked the First Circuit to reverse a lower court's ruling and clear the way for it to build a casino on Martha's Vineyard.

  • December 6, 2016

    Trump Adviser Says He’s Not Privatizing Tribal Land

    An Oklahoma Republican lawmaker who was tapped to lead President-elect Donald Trump’s so-called Native American Coalition issued a statement on Monday to “alleviate any concern that Indian country should fear the federal government privatizing their land,” saying recent news coverage has distorted his goals under the incoming administration.

  • December 6, 2016

    Ala. Tribe Wins Permanent Block On Local Tax Assessments

    A federal judge on Monday permanently barred the assessment of state and local taxes on land held in trust for the Poarch Band of Creek Indians by the federal government, handing the tribe a win in its lawsuit against an Alabama county tax official.

  • December 5, 2016

    Tribes' Dakota Access Win Resounding, But Vulnerable

    Native American tribes opposing the Dakota Access pipeline scored a major win Sunday when the Obama administration refused to grant permission to finish work on the project in North Dakota, but their elation may be only temporary as either federal courts or the incoming Trump team could put the controversial pipeline back on track.

  • December 5, 2016

    Navajo Nation Lodges $162M Claim For Gold King Spill

    The Navajo Nation asked the federal government on Monday for more than $162 million to cover its damages and costs following the Gold King Mine spill that sent 3 million gallons of toxic waste pouring into two tributaries of the Colorado River, devastating the tribe’s economy and way of life.

  • December 5, 2016

    Dentons Snags DOI Counselor For Native American Practice

    Dentons announced on Monday that it had strengthened its Native American law practice by nabbing a counselor from the U.S. Department of the Interior, who will work from the firm’s Washington, D.C., office.

Expert Analysis

  • The Courtroom Where It Happened: Hamilton As A Lawyer

    Randy Maniloff

    Often lost in discussions about Alexander Hamilton is that he was an extremely important New York lawyer. He had an extensive law practice until his death in 1804 and he wrote what is considered to be the first treatise in the field of private law. Ultimately, Hamilton certainly did get "a lot farther by working a lot harder, by being a lot smarter, by being a self-starter," says Randy Maniloff of White and Williams LLP.

  • When CFPB Finds Deception Regardless Of A Lender’s Intent

    Leonard N. Chanin

    There is a tendency to think of consumer fraud and misrepresentation as intentional acts that deceive consumers into engaging in transactions that they would not otherwise engage in. However, a California federal court's recent decision in Consumer Financial Protection Bureau v. CashCall demonstrates that the CFPB takes a much different view, say Leonard Chanin and Oliver Ireland of Morrison & Foerster LLP.

  • Why Have Lawyers Forgotten About The Middle Class?

    Chas.jpg

    Sorry, fellow lawyers, judges and legislators, but the jig is up. It’s time to show the public the cards up our sleeves and give them a chance to weigh in on the fairness of a system that touches so many aspects of their everyday lives, says Chas Rampenthal, general counsel of LegalZoom.

  • Tribal Consultation Opportunity Could Change US Landscape

    Lael Echo-Hawk

    The U.S. Department of Interior, U.S. Department of Justice and U.S. Department of the Army have released a joint statement halting construction on the Dakota Access Pipeline and inviting tribes to discuss whether new legislation should be proposed in order to better protect tribal rights. Lael Echo-Hawk of Hobbs Straus Dean & Walker LLP discusses the steps tribes should take in order to make the most of this opportunity.

  • The DAPL And The Corps' Latest Clean Water Act Conundrum

    Kimberly Leue Bick

    The U.S. Army Corps of Engineers has been defending itself on two fronts recently, arguing its right to limit its jurisdiction in the Dakota Access Pipeline case, while simultaneously arguing to cast a wide jurisdictional net in another case. Meanwhile, Dakota Access LLC is caught in limbo due to the United States' request for it to voluntarily halt its pipeline construction, say Kimberly Bick and Allison Ross of Bick Law LLP.

  • How Tribes Can Avoid Gambling With Casino Patrons' Data

    Erica J. Dominitz

    While all organizations, regardless of size, are vulnerable to data breaches, casinos are particularly attractive targets for cybercriminals for obvious reasons. Erica Dominitz and Venus Prince of Kilpatrick Townsend & Stockton LLP outline the steps that casinos should take in order to secure adequate cyberinsurance and protect themselves from cyberlosses.

  • Overhauling Law Firm Records Departments For A New Reality

    Raymond Fashola

    As automation increases, so do business challenges that impact overall law firm operations. Records departments are facing roadblocks associated with antiquated processes, ever-changing regulatory requirements, and emerging technologies. As a result, firms are reassessing the needs of their records department staffing models, says Raymond Fashola of HBR Consulting.

  • 3 Steps To Successful Judgment Enforcement

    Craig Weiner

    Judgment enforcement is typically governed by the law of the state where collection is sought, which frequently means collection efforts are controlled by an arcane body of law replete with debtor-friendly roadblocks. Fortunately, there are a number of actions a judgment creditor can take to secure satisfaction of a claim, say Craig Weiner and Michael Kolcun of Robins Kaplan LLP.

  • Should Your Law Firm Move To The Cloud?

    Paul R. Kiesel

    Don't kid yourself into believing, currently, that cloud options are cheaper. Cost is not the justification for moving your law firm to the cloud, says Paul R. Kiesel, founder of Kiesel Law LLP and immediate past president of the Los Angeles Bar Association.

  • The Right Side Of History: Obama's Administration And DAPL

    Matthew L.M. Fletcher

    After the District of Columbia denied the Standing Rock Sioux Tribe's request for an injunction against the controversial Dakota Access Pipeline, the Obama administration sided with the tribe. However, this lawsuit may just be the opening salvo in a much larger battle for tribal rights, says Professor Matthew Fletcher of Michigan State University College of Law.