Native American

  • November 6, 2017

    Has Trump Been Good For BigLaw?

    Last November’s Election Day triumph for Donald Trump seemed likely to bring about, as one consultant put it, a “legal industry on steroids.” A year on, though, the picture for law firms is decidedly mixed.

  • November 6, 2017

    What Trump’s War On Regulations Means For Lawyers

    Corporations and their attorneys can be some of the country’s most ardent deregulation enthusiasts, but many are struggling to navigate uncertainty clouding the Trump administration’s efforts to pare down the rulebook.

  • November 6, 2017

    Tribe Seeks Quick Win In HHS Health Program Funding Suit

    The Fort McDermitt Paiute and Shoshone tribe on Friday moved for summary judgment in its suit seeking to force the U.S. Department of Health and Human Services to fund provisions of an agreement to pay for the operation of various health care programs.

  • November 6, 2017

    Enviros Got Unfair Fracking Rule Win At 10th Circ., ND Says

    North Dakota and three other states said Friday that the Tenth Circuit should revisit its toss of a challenge to an Obama-era hydraulic fracturing rule for federal and Native American lands because it is being rewritten, saying the decision gives environmental groups an unjustified win.

  • November 6, 2017

    Wash. Tribe Says County Had No Jurisdiction For Prosecution

    The Confederated Tribes and Bands of the Yakama Nation hit a county in Washington state with a federal lawsuit Friday claiming that one of its enrolled members was unlawfully arrested and later convicted of a crime that occurred on its reservation’s exterior boundaries.

  • November 3, 2017

    2nd Circ. Upholds Verdict In 'Onondaga 15' Suit Against Cops

    The Second Circuit said on Thursday no reversible error occurred in a trial where 15 members of the Onondaga Nation accused New York law enforcement of using excessive force against protesters in a 1997 incident, rejecting allegations the judge was biased and improperly changed the rules.

  • November 3, 2017

    Casino Fraud Charges Against Ex-Tribal Official Dropped

    A Nebraska federal judge has dismissed charges against one of nine former members of the Winnebago tribe of Nebraska’s governing council charged in an alleged conspiracy to steal funds from the tribe’s casino, after the federal government requested that the charges be dropped.

  • November 3, 2017

    Enviros Urge Justices To Toss Challenge To Feds' Seal Listing

    The Center for Biological Diversity has urged the U.S. Supreme Court to reject bids by the state of Alaska, oil and gas groups, and Alaska Natives to overturn the National Marine Fisheries Service’s decision to list the Pacific bearded seal as a threatened species, saying the listing properly relied on climate change models and won't overly burden the groups.

  • November 3, 2017

    Pruitt Names EPA Advisory Board Members Under New Rules

    Environmental Protection Agency Administrator Scott Pruitt on Friday named more than 130 scientists from academia, nonprofits, and the public and private sectors to three scientific advisory committees on the condition they won’t be eligible for any grant money during their terms.

  • November 3, 2017

    Up Next At High Court: Clawbacks And Congressional Power

    An attorney’s unexpected medical leave in one case and the possible settlement of another has whittled the U.S. Supreme Court’s docket down to just two oral arguments this week: a dispute over safe harbors from bankruptcy clawbacks and a question about Congress’ power to define federal court jurisdiction.

  • November 3, 2017

    Homeowners' Property Tax Suit Against Wash. Tribe Tossed

    A Washington federal judge on Thursday dismissed a suit brought by three nontribal couples challenging the tribe’s property tax, saying the couples cannot sue yet since the tax has not been enforced.

  • November 3, 2017

    Enviros Sue DOI For Docs In National Monument Review

    The U.S. Department of the Interior has refused to comply with public records law and is withholding documents related to the Trump administration’s review of national monuments, a lawsuit filed by several environmental groups in D.C. federal court alleged on Thursday.

  • November 2, 2017

    Calif. County Calls Off BIA Land Suit After Deal With Tribe

    A California county on Wednesday dropped its lawsuit over the federal government’s decision to take more than 1,400 acres of land into trust for the Santa Ynez Band of Chumash Indians, a day after the county approved a settlement with the tribe.

  • November 2, 2017

    Seneca Nation, NY Announce Reps In Gaming Revenue Row

    The Seneca Nation and the state of New York this week named the arbitrators to represent them in proceedings related to the nation’s announcement in March that it will no longer make payments of about $115 million a year to the state under their tribal-state gaming compact.

  • November 2, 2017

    Judge Urged To Reject More Safety Steps For Dakota Pipeline

    The Army Corps of Engineers and Dakota Access LLC each urged a D.C. federal judge on Wednesday not to require them to take extra safety measures while the agency conducts further environmental review of the company’s crude oil pipeline, saying the steps sought by two Native American tribes aren’t needed.

  • November 2, 2017

    BLM Takes Step To Undo Gas Venting And Flaring Rule

    The Bureau of Land Management on Wednesday sent to the White House for review a proposal to rescind or revise an Obama-era regulation aimed at limiting venting and flaring from gas wells on federal lands, which is the final step before it is made public.

  • November 2, 2017

    Tribal Officials Immune To Suit, Calif. Appeals Court Says

    A California appeals court on Tuesday backed a lower court’s tossing of a suit against officials of a tribe in the state from a tribal faction that alleged that defamatory statements were made about them in a published notice threatening disenrollment, agreeing that the suit was barred by sovereign immunity.

  • November 1, 2017

    Conn. Tribes Press DOI To Take Next Step For New Casino

    The tribes that own the Mohegan Sun and Foxwoods casinos in Connecticut told the U.S. Department of the Interior on Tuesday that the agency must publish its approval of changes to their tribal-state gaming compacts needed for a proposed joint casino, saying the department’s bid to avoid either endorsing or rejecting the revisions wasn’t an option under federal law.

  • November 1, 2017

    House OKs Slimmed-Down Review Rules For Federal Forests

    The House of Representatives passed a series of bills Wednesday intended to change policy on federal forests and certain tribal lands, over Democratic objections that one of the measures would gut environmental protections.

  • November 1, 2017

    Pruitt's Grant Ban Stokes Concerns About EPA's Integrity

    U.S. Environmental Protection Agency head Scott Pruitt said his recent decision to prohibit members of the agency’s scientific advisory committees from receiving EPA grants will reduce conflicts of interest, but experts say the move could exclude many of the nation’s best environmental scientists and damage the agency’s scientific integrity.

Expert Analysis

  • Opinion

    New Salary History Laws Crimp Attorney Hiring Process

    Fredric Newman

    In prohibiting employers from asking potential hires about their previous salaries, lawmakers seek to "level the playing field." But there are real problems with the practicality, legality and enforceability of many of the salary history laws, says Fredric Newman, a founding partner of Hoguet Newman Regal & Kenney LLP.

  • CERCLA’s Jurisdictional Bar To Medical Monitoring Claims

    Thomas Manakides

    Medical monitoring claims against the U.S. Navy have recently foundered on the shoals of the Comprehensive Environmental Response, Compensation, and Liability Act’s jurisdictional rules. If affirmed, Giovanni v. U.S. Department of the Navy, a case currently pending appeal to the Third Circuit, will set the Third Circuit on course to split with the Ninth Circuit, say Thomas Manakides and Alexander Swanson of Gibson Dunn & Crutcher LLP.

  • 5 Tips For A Successful Legal Blog

    David Coale

    David Coale, leader of the appellate practice at Lynn Pinker Cox & Hurst LLP, shares his insights into what works — and what does not — when setting up and maintaining a legal blog.

  • Opioid Litigation: What’s On The Horizon

    David Schwartz

    As prescriptions for pain-suppressing opioids have soared, some have speculated that litigation will follow. Such litigation could take various forms, including personal injury lawsuits making design defect and/or failure-to-warn claims, consumer fraud actions, and more. Manufacturers and retailers should take steps now to protect themselves, say authors from Innovative Science Solutions and Locke Lord LLP.

  • Series

    Judging A Book: Kopf Reviews Posner's 'Federal Judiciary'

    Judge Richard Kopf

    There is a wonderful sketch of Seventh Circuit Judge Richard Posner dressed in a black robe with arms outstretched as if they were the billowing wings of a lean vulture. He is kicking a human brain down a hallway and wearing a half-smile that looks for all the world like a sneer. That sketch is the perfect metaphor for both Judge Posner and his new book, "The Federal Judiciary: Strengths and Weaknesses," says U.S. District Judge Ri... (continued)

  • The Use Of Special Masters In Complex Cases

    Shira Scheindlin

    Special master appointments can be very beneficial in resolving disputes quickly, streamlining discovery, handling delicate settlement negotiations, and — somewhat surprisingly — reducing cost and delay, says retired U.S. District Judge Shira Scheindlin, now with JAMS.

  • Roundup

    Notes From A Law Firm Chief Privacy Officer

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    As more law firms become the targets of major cyberattacks, more firms may consider appointing a chief privacy officer. In this series, CPOs at four firms discuss various aspects of this new role.

  • Series

    Notes From A Law Firm Chief Privacy Officer: New Demands

    Phyllis Sumner

    For outside counsel, oftentimes efficiency and responsiveness collide with security measures as clients are increasingly requiring their law firms to comply with third-party risk management programs. To meet these challenges, law firms are focusing more on the roles of chief privacy officer and chief information security officer, says Phyllis Sumner, chief privacy officer for King & Spalding LLP.

  • Opinion

    It's Time To Improve Voir Dire In Federal Court

    Lisa Blue

    During the jury selection process, many times parties submit proposed voir dire questions, but the court ultimately chooses the questions to be asked and does all of the questioning of the jury panel. While this approach is judicially efficient, rarely do we learn anything meaningful from the panel members, say Lisa Blue of Baron and Blue and Robert Hirschhorn of Cathy E. Bennett & Associates.

  • Series

    Notes From A Law Firm Chief Privacy Officer: Insider Risks

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    As law firms hold sensitive information not only related to the firm but to the firm’s clients, an insider threat — whether it's a "bad actor employee" or inadvertent activity — poses a particular concern. There are steps that privacy officers can initiate to help minimize these threats, says Patricia Wagner, chief privacy officer for Epstein Becker Green.