Native American

  • September 8, 2017

    Where The Global 20 Are Bolstering Their Ranks

    Australia, Brazil and Germany have emerged as premier hubs for global law firm expansion in 2017, fueled in part by increased anti-corruption enforcement in Brazil, infrastructure investment in Sydney and the U.K.’s vote to leave the European Union.

  • September 8, 2017

    Global Firms Snap Up India Work With Liberalization In Limbo

    International law firms play a crucial role in India despite being barred from practicing there, and some say opening up the country’s legal industry wouldn’t drastically change how they do business.

  • September 8, 2017

    Yurok Tribe Seeks Quick Win In Calif. Fishing Rights Row

    The Yurok Tribe asked a California federal court on Thursday to grant it a quick win on its allegations that the Resighini Rancheria and one of its members have been fishing in a portion of the Klamath River that is exclusively reserved for the Yurok.

  • September 8, 2017

    DOI, Nooksack Reach Deal On Tribal Election, Disenrollment

    The U.S. Department of the Interior has reached a deal with Washington state's Nooksack Indian Tribe to hold a council election that could resolve a long-running dispute over tribal government and membership, despite some members' worries that they won’t get a fair shake in the balloting.

  • September 8, 2017

    Allergan Transfers Restasis Patents To IPR-Immune Tribe

    Allergan PLC has transferred the patents for its dry eye treatment Restasis to a Native American tribe with sovereign immunity in a bid to escape inter partes review proceedings before the Patent Trial and Appeal Board, the pharmaceutical company said Friday.

  • September 8, 2017

    CFPB's Usury Fight Against Calif. Tribe Shifts To Kan.

    An Illinois federal judge has ordered a Consumer Financial Protection Bureau suit over a California tribe's allegedly abusive loans moved to Kansas federal court, saying Friday that Kansas is more convenient, even if the interest-of-justice calculation is a toss-up.

  • September 8, 2017

    Utah County Can't Escape Navajo Group's Voting Rights Suit

    A Utah federal judge on Thursday denied partial summary judgment bids all around in the Navajo Nation Human Rights Commission's suit seeking to hold San Juan County liable for allegedly not providing equal voting opportunities to Navajo citizens, saying a full trial is the better course of action.

  • September 7, 2017

    Hawaii High Court Halts Unlimited Collection Of Reef Fish

    The Hawaii Supreme Court on Wednesday said the state has been violating its own environmental protection laws by issuing permits for the unrestricted collection of fish from coastal waters for aquariums.

  • September 7, 2017

    FERC Nominees Commit To Enforcement, Regulatory Goals

    President Donald Trump’s pick to lead the Federal Energy Regulatory Commission told senators on Thursday he’s committed to fulfilling the body’s enforcement responsibilities and looking for opportunities to modernize its regulatory framework.

  • September 7, 2017

    USFS Gets Court OK On Mine-Related Enviro Review In Ariz.

    Citizen groups and a Native American tribe were unable to show a mining company’s data-collection project on U.S. Forest Service land in Arizona was sufficiently connected to a proposed mine to warrant treating them as the same project for the purposes of environmental review, an Arizona federal judge ruled Wednesday.

  • September 7, 2017

    San Bernardino Sheriff Wins Chemehuevi Tribe Traffic Tix Suit

    A California federal judge has handed the San Bernardino County sheriff a win in a suit by the Chemehuevi Indian Tribe that accused his office of issuing traffic citations on reservation land over which it didn’t have jurisdiction, saying the area where some of the stops occurred wasn’t within the reservation.

  • September 7, 2017

    NM Dems Urge Gov’t Not To Break Deal On Protected Land

    Both U.S. senators from New Mexico and one of its representatives, all Democrats, told Interior Secretary Ryan Zinke on Wednesday that they objected to government lease sales on land near the Chaco Culture National Historical Park, saying such deals would violate a promise to suspend leasing during a resource management review.

  • September 6, 2017

    House Dems Slam Energy Industry Influence On DOI Panel

    Two Democratic lawmakers criticized U.S. Department of the Interior Secretary Ryan Zinke on Wednesday for naming a “partisan, industry-dominated” roster of members to a departmental committee that will advise him about energy development on federal lands, and called for the companies represented on the committee to disclose information about potential conflicts of interest.

  • September 6, 2017

    South Dakota Tribe Fears Losing $5M With New Gambling Rule

    The Flandreau Santee Sioux Tribe in South Dakota said Wednesday that it will oppose the state Commission on Gaming's proposed rule that could allow the tribe’s former pari-mutuel betting business to escape payment of a $5 million fine that the Eighth Circuit has upheld.

  • September 6, 2017

    BIA OKs Tribes' Business Leasing Regulations

    The Bureau of Indian Affairs has signed off on regulations for two Native American tribes that will allow them to bypass BIA approval of land-lease deals for businesses, according to a notice in the Federal Register on Wednesday.

  • September 6, 2017

    Gov. Brown, Fort Yuma Tribe Sign Gambling Compact

    The Fort Yuma Quechan Indian tribe on Tuesday announced that California Democratic Gov. Jerry Brown had signed a new tribal-state gambling compact, which provides more favorable financial terms for the tribe by reducing its obligations to the state and establishing an option for it to expand gambling.

  • September 6, 2017

    Feds, SD Ask For Quick Wins In Native American Bias Suit

    The South Dakota Department of Social Services and the federal government each asked a federal judge on Tuesday for quick wins in the United States’ suit alleging intentional bias against Native American job applicants, with the DSS saying the federal government can't show the department operates under a general policy of bias.

  • September 5, 2017

    Calif. Legislature Gives Nod To Tribal Casino Compact

    The California Legislature passed a bill on Friday ratifying a tribal gaming compact between the state and a Sacramento-area tribe, fulfilling a major requirement in the group's effort to build a casino on an approximately 36-acre parcel of land in the City of Elk Grove.

  • September 5, 2017

    California Tribe Pushes For End To Disenrollment Suit

    The Elem Indian Colony of Pomo Indians of the Sulphur Bank Rancheria on Monday pressed a California federal judge to toss a suit by tribe members over their alleged disenrollment, saying that the tribe isn’t trying to cut the members from its rolls and there is no immediate danger of them being evicted from tribal lands.

  • September 5, 2017

    Fla. Justices Won't Rethink Slot Machine Permit Denial

    The Florida Supreme Court has declined to reconsider its denial of a slot machine permit for a Native American-operated racetrack, refusing to wade back into a debate over counties’ power to hold referendums on expanding gambling in the Sunshine State.

Expert Analysis

  • DAPL Opinion Highlights Pipeline Project NEPA Challenges

    Deidre Duncan

    Litigation involving the Dakota Access pipeline took another turn when a federal court in Washington, D.C., granted partial summary judgment to two Native American tribes challenging the environmental review's adequacy. The opinion touches on several issues with respect to agencies’ National Environmental Policy Act obligations for pipeline projects generally and oil pipelines in particular, say attorneys with Hunton & Williams LLP.

  • How Discovery Has Changed Under New Federal Rules

    Brandee Kowalzyk

    In December 2015, an amendment to Rule 26 of the Federal Rules of Civil Procedure was implemented with the intent of putting reasonable limits on civil discovery. The many subsequent cases that have applied the amended rules provide guideposts for litigants and practitioners, say Brandee Kowalzyk and Christopher Polston of Nelson Mullins LLP.

  • Weekly Column

    Innovating For Wise Juries: Pre-Voir Dire Questions

    Stephen Susman

    The simple practice of asking jurors important and substantive questions early can help make trial by jury a more reliable form of dispute resolution, say Stephen Susman, Richard Lorren Jolly and Dr. Roy Futterman of the NYU School of Law Civil Jury Project.

  • An Interview With Floyd Abrams

    Randy Maniloff

    It was a privilege to spend a half-hour on the phone with the nation's foremost First Amendment lawyer. Floyd Abrams and I discussed his career, his new book and what he sees in his free-speech crystal ball. And he was a very good sport when I asked if it is constitutionally protected to yell inside a movie theater: “Citizens United is a terrible decision and should be set on fire,” says Randy Maniloff of White and Williams LLP.

  • Bucking Tradition: NewLaw And The Coming Millennials

    Jill Dessalines

    Recent surveys show that law firms won't be able to rely on the flood of associates their business model demands as long as they require them to dedicate all day, most nights, every weekend and all holidays to firm business, says Jill Dessalines, founder of Strategic Advice for Successful Lawyers and former assistant GC at McKesson Corp.

  • Indian Tribes And The CFPB Are Unnecessary Adversaries

    Saba Bazzazieh

    While the Consumer Financial Protection Bureau has disregarded sovereignty since its creation, the problem has recently reached an all-time high. The CFPB v. Golden Valley case is merely the latest in a series of actions that demonstrate the bureau's mistreatment of tribal governments, says Saba Bazzazieh of Rosette LLP.

  • Opinion

    Justice Kennedy's Moderating Influence On The High Court

    Nan Aron

    The guessing game around Justice Anthony Kennedy’s possible retirement is reaching a crescendo. Yet the speculation does more than fuel bookmakers’ odds. It draws attention to his pivotal role as the court’s swing vote, says Nan Aron, president of Alliance for Justice.

  • Weekly Column

    Innovating For Wise Juries: Juror-Posed Questions

    Roy Futterman

    One way to combat juror confusion and boredom is to allow jurors to ask witnesses questions. No federal evidentiary or court rule prohibits it, and every federal circuit court to address the practice has held it permissible, say Stephen Susman, Richard Lorren Jolly and Dr. Roy Futterman of the NYU School of Law Civil Jury Project.

  • Trump Budget Proposal Leaves Tribes On Their Own

    Larry Roberts

    Despite acknowledging what's important to the health and welfare of tribal nations, President Donald Trump's proposed $303 million cut from tribal funding essentially tells tribes that treaty and trust responsibilities do not matter to him. Tribes will need to turn to the courts and Congress for justice, says Lawrence Roberts of Kilpatrick Townsend & Stockton LLP.

  • Tips For Complying With ABA’s New Encryption Guidance

    Nick Holda

    Last month, the American Bar Association published revised guidance regarding an attorney’s duty to protect sensitive client material in light of recent high-profile hacks. The first step in compliance is understanding how your data is being stored and accessed. There are three key questions you should ask your firm’s information technology staff and/or external solution vendors, says Nick Holda of PreVeil.