Native American

  • July 10, 2017

    NM Sen. Wants To Put More Teeth In Fake Indian Art Law

    The vice chairman of the U.S. Senate Committee on Indian Affairs testified along with government officials and tribal leaders in New Mexico on Friday about the shortcomings of federal efforts to stamp out fake Native American art and promised to author legislation to strengthen the main federal law protecting genuine Native works.

  • July 10, 2017

    Navajo Panel Gives Thumbs-Up To Amber Alert Expansion Bill

    A Navajo Nation Council committee on Thursday unanimously threw its weight behind a federal bill that would expand the Amber Alert system to Native American tribes across the country.

  • July 10, 2017

    CashCall Can't Pause CFPB Suit For 9th Circ. Ruling

    A California federal judge on Friday rejected CashCall Inc.’s bid to pause a lawsuit in which it was found to have flouted federal law by offering high-interest loans through a firm based on tribal lands in states where such loans were barred, pending a potentially relevant Ninth Circuit ruling.

  • July 10, 2017

    NJ Panel Says Court Wrongly Tossed Tribal Recognition Suit

    The New Jersey Appellate Division on Monday revived an Indian tribe’s suit alleging regulators wrongfully repudiated its state recognition status, ruling a lower court wrongly accepted the state’s argument that there was never formal recognition in the first place.

  • July 7, 2017

    Ore. To Boost Health Care Coordination For Tribe Members

    The Oregon Health Authority on Thursday announced the upcoming launch of a health care coordination model catering to the needs of Native Americans in the state's Medicaid fee-for-service program, which was put together by a nonprofit after the state's tribes requested that a culturally appropriate one be developed.

  • July 7, 2017

    Native Group Gets OK To Join Calif. Power Plant Proceedings

    A California Energy Commission committee has given a Native-led nonprofit group permission to step into proceedings over a Calpine Corp. unit's proposed natural gas power plant in Ventura County, after said it wanted to protect cultural and natural resources from being harmed by the project.

  • July 7, 2017

    Judge Denies Stay To Tribal Lending Cos. In CFPB Probe

    A California federal judge on Friday rejected a bid by tribal lending companies to halt civil investigative demands by the Consumer Financial Protection Bureau while the tribes take the case to the U.S. Supreme Court, saying he lacked jurisdiction to enter a stay after the Ninth Circuit had already rejected a similar request.

  • July 7, 2017

    Zinke Appoints Deputy Assistant Secretary For Indian Affairs

    U.S. Interior Secretary Ryan Zinke announced Thursday the appointment of a Choctaw Nation of Oklahoma citizen with an extensive background in tribal finance as deputy assistant secretary for policy and economic development at the Bureau of Indian Affairs.

  • July 7, 2017

    Mich. Can't Deny Aid To Schools With Native Logos, AG Says

    The attorney general of Michigan has said that a state education official has no legal authority to hold back state funding for schools that continue to feature Native American-themed mascots or logos, despite efforts in the state to curb their use.

  • July 7, 2017

    The Biggest Sports Rulings Of The 1st Half Of 2017

    From a U.S. Supreme Court decision that will save the Washington Redskins' trademark registration to the dismissal of a lawsuit alleging NFL teams improperly handed out painkillers to players without regard to potential long-term risks, 2017 has already been a busy year for litigation surrounding the sports industry. Here, Law360 takes a look back at some of the biggest court rulings in sports so far this year.

  • July 6, 2017

    Wash. Tribe, Army Corps Reach Deal On Superfund Cleanup

    The Confederated Tribes and Bands of the Yakama Nation and the U.S. Army Corps of Engineers told an Oregon federal judge Wednesday that they had reached a deal that would settle litigation over cleanup costs at a Superfund site and set a schedule for the government to pay for future work.

  • July 6, 2017

    Tribal Exec. Gets Prison For $415K Embezzlement Scheme

    A former executive board member of a tribe in South Dakota has been sentenced to 20 months in prison for helping embezzle more than $415,000 from his tribal organization, federal prosecutors announced Wednesday.

  • July 6, 2017

    Feds Say Casino Row Shouldn't Be Sent Back To State Court

    The federal government urged the Ninth Circuit on Wednesday to cement a decision that rejected a citizen group’s bid to send back to state court a dispute over the Santa Ynez Band of Chumash Mission Indians' use of a piece of land for a casino expansion.

  • July 6, 2017

    Calif. Tribe Has No Federal Groundwater Right, Justices Told

    Two California water agencies urged the U.S. Supreme Court on Wednesday to overturn a Ninth Circuit ruling that the Agua Caliente Band of Cahuilla Indians’ federal water rights extend to groundwater in the Coachella Valley, saying the decision would frustrate state and local governments’ own efforts to manage scarce water resources.

  • July 6, 2017

    Alaska Native Co. Withholding Docs In FCA Suit, Court Told

    A would-be whistleblower pursuing a False Claims Act suit alleging an Alaska Native corporation abused a Small Business Administration contracting program for disadvantaged groups through sham subsidiaries pressed an Alaska federal judge Wednesday to make the company cough up documents he says will help his case.

  • July 6, 2017

    Calif. Tribe Makes Final Plea To DC Circ. Over Rival Casino

    The Picayune Rancheria of the Chukchansi Indians on Wednesday again urged the D.C. Circuit to toss a lower court's ruling that backed the U.S. Department of the Interior’s approval of a separate California tribe’s proposed casino, arguing the DOI’s interpretation of land regulations is “capricious” and invalid under California law.

  • July 5, 2017

    Navajo Labor Forum OK With Waiting In Schools Case

    Members of the Navajo Nation Labor Commission say they don't oppose a bid by two Arizona public school districts to put on hold a Ninth Circuit decision that allows district employees to bring claims before the commission.

  • July 5, 2017

    Justice Stevens On Gorsuch And Sticking With The Cubs

    Justice John Paul Stevens discusses Justice Neil Gorsuch, the pitfalls of originalism, and his beloved Chicago Cubs, in the second article based on Law360’s exclusive interview with the legendary jurist.

  • July 5, 2017

    Fla. Drops 11th Circ. Appeal In Tribal Card Games Dispute

    The state of Florida dropped its Eleventh Circuit appeal Wednesday of a ruling that the Seminole Tribe of Florida can continue to offer card games such as blackjack for the remainder of a gambling deal it inked with the state.

  • July 5, 2017

    Wis. Tribe Withholds Revenue Over Rival's Casino Project

    The Stockbridge-Munsee Community let a June 30 revenue-sharing payment deadline pass in the wake of the tribe's fight to prevent a competing Ho-Chunk Nation casino from expanding, state and Stockbridge-Munsee representatives told Law360 on Wednesday.

Expert Analysis

  • In Congress: Post Comey

    Richard Hertling

    The GOP majority is undoubtedly hoping the political storm surrounding FBI Director James Comey's dismissal does not derail its agenda for the 115th Congress, say Richard Hertling and Kaitlyn McClure of Covington & Burling LLP.

  • 5 Mistakes That End Law Firms

    Randy Evans

    Although the end often comes quickly, law firms do not fail overnight. Randy Evans of Dentons and Elizabeth Whitney of Swiss Re Corporate Solutions review five mistakes that expedite law firm failures.

  • A Closer Look At Trump's Antiquities Act Order

    John Freemuth

    President Donald Trump’s recent executive order to U.S. Department of the Interior Secretary Ryan Zinke has brought the Antiquities Act back to center stage. The order has several specific review standards, the most important being the size of a monument created by proclamation, says John Freemuth, professor of environmental policy at Boise State University.

  • In Congress: House Out Of Town

    Richard Hertling

    After the most significant and dramatic week of the 115th Congress, having kept the government funded through the end of the fiscal year and passed its bill to repeal the Affordable Care Act, the House is on a scheduled district work period. The Senate is the only chamber in session this week, say Richard Hertling and Kaitlyn McClure of Covington & Burling LLP.

  • Lewis V. Clarke And The Future Of Tribal Immunity

    Forrest Tahdooahnippah

    Whether the U.S. Supreme Court's decision in Lewis v. Clarke is wise from a practical standpoint depends on which side one takes in the larger debate regarding sovereign immunity. The unfairness of having tort victims go uncompensated may be eliminated, but the potential of liability may chill the performance of tribal employees with important duties, says Forrest Tahdooahnippah of Dorsey & Whitney LLP.

  • The Current State Of Renewable Energy Disputes: Part 4

    Justin Tschoepe

    In addition to disputes with governmental entities, or over the use of sovereign land, renewable energy companies frequently face disputes involving purely private parties. The final part of this series summarizes three common examples of such litigation, including shareholder litigation, consumer disputes and nuisance lawsuits, say Justin Tschoepe and William Wood of Norton Rose Fulbright.

  • What Lawyers Should Know To Avoid Online Scams

    J. S. Christie Jr.

    Scams resulting in access to confidential information are probably a lawyer’s greatest technology and cybersecurity risk. But hackers are more likely to gain access to a lawyer’s computer systems through human error, usually responding to a scam, than a brute force attack, says J. S. Christie Jr. of Bradley Arant Boult Cummings LLP.

  • New Divisions In Indian Country Over Energy Justice

    Matthew L.M. Fletcher

    If energy tribes become greater players in resource extraction, it will only be a matter of time before environmentally oriented tribes begin to challenge them in court and in politics. If so, we will see a terrible battle over competing claims to tribal sovereignty as congressional rhetoric turns more to action, and tribal communities line up against each other, says Matthew Fletcher of Michigan State University College of Law.

  • The Current State Of Renewable Energy Disputes: Part 3

    Justin Tschoepe

    In part 3 of this series, Justin Tschoepe and William Wood of Norton Rose Fulbright discuss disputes brought on behalf of the U.S. government under the federal False Claims Act and suits against foreign sovereigns related to the scaling back of state benefits for renewable energy companies.

  • The Current State Of Renewable Energy Disputes: Part 2

    Justin Tschoepe

    A wide variety of disputes has arisen relating to state laws and local municipal ordinances as they apply to the building and operation of renewable energy projects and the provision of renewable energy. Part 2 of this series summarizes some of the most common types of disputes in the renewable energy industry involving these state and local issues, say Justin Tschoepe and William Wood of Norton Rose Fulbright.