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Native American

  • May 14, 2018

    High Court Sports Bet Ruling Could Mean Bonanza For Tribes

    The U.S. Supreme Court's decision Monday to strike down a federal sports betting ban offers Native American tribes a promising avenue to expand their gaming businesses, but how lucrative it is depends on how adept tribes can be in working with states to secure their place in the sports betting game, experts say.

  • May 14, 2018

    Tribal Enviro Manager Added To EPA Advisory Committee

    The environmental manager of the Pyramid Lake Paiute Tribe’s Natural Resources Department was one of more than a dozen new members added to a federal advisory committee that works with the U.S. Environmental Protection Agency to partner with local governments, the agency announced on Friday.

  • May 14, 2018

    Justices Again Spurn Bid To Hear USDA Bias Settlement Case

    The U.S. Supreme Court said Monday it won't rethink denying review of a D.C. Circuit decision that allows for the redistribution of $380 million left over from the U.S. Department of Agriculture’s landmark Keepseagle settlement of racial discrimination claims.

  • May 14, 2018

    Justices Seek SG's View On Osage Wind Farm Lease Row

    The U.S. Supreme Court on Monday asked the solicitor general to weigh in on a bid by Oklahoma wind farm developers to overturn a Tenth Circuit decision that said a mineral lease from the Osage Nation and federal approval were required for surface construction on their project.

  • May 11, 2018

    Tribe Can't Force Casino Suit To Its Court, Okla. Judge Told

    An Oklahoma woman the Muscogee (Creek) Nation claimed is involved in an illegal casino project on tribal lands again urged a federal court Friday to prevent the tribe from bringing claims against her in its courts, saying she’s not required to exhaust her legal options with the tribe.

  • May 11, 2018

    Tribal Entity Not Key To Harrah's Pay Suit, Ex-Worker Says

    A former employee of the casino company Harrah’s told a North Carolina federal court Friday that a magistrate judge got it flat wrong when he recommended that a proposed class action over wages be dismissed because a tribal entity couldn’t be joined, arguing that the entity wasn’t relevant.

  • May 11, 2018

    DOI Must Pay 3rd-Party Costs In Cobell Tribal Trust Deal

    A D.C. federal judge on Friday ruled that class representatives in the landmark $3.4 billion Cobell settlement over the alleged mismanagement of tribal trust funds must be repaid costs incurred by a foundation that aided in the suit, but the judge said he will let the government dispute whether the class representatives should be awarded the $8.2 million they seek.

  • May 11, 2018

    Ex-Google Exec's Co. Accused Of 'Rent-A-Tribe' Loan Scheme

    A former Google executive and his financial technology company worked with a North Dakota tribe so they could hide behind its sovereign immunity while issuing illegal short-term loans with exorbitant interest rates, a proposed class of borrowers alleged in Washington federal court Thursday.

  • May 11, 2018

    Tribe Pushes Back At DC Circ. Against FCC Lifeline Changes

    A Native American tribe has urged the D.C. Circuit to toss a Federal Communications Commission decision the tribe says limits which telecommunication providers can be subsidized for providing Lifeline services on tribal land.

  • May 10, 2018

    Cherokee Nation Drops Suit Against Feds Seeking FCA Action

    The Cherokee Nation told a D.C. federal court Thursday that it wanted to end its suit seeking to force the government to bring False Claims Act litigation on the tribe’s behalf for purported health care fraud.

  • May 10, 2018

    1994 Act Beats Mich.'s Defenses In Boundary Row, Tribe Says

    The Little Traverse Bay Bands of Odawa Indians on Wednesday further pressed a Michigan federal court considering a reservation boundary suit to grant it a win against defenses the state has made saying the tribe’s reservation may have been reduced in the 1870s.

  • May 10, 2018

    Opioid MDL Judge Says Litigation Track Is A Settlement Aid

    The Ohio federal judge overseeing the massive multidistrict litigation over the opioid epidemic said Thursday that the newly formed litigation track is no substitute for a settlement, emphasizing his goal of reaching a quick resolution to the litigation.

  • May 10, 2018

    Conn. Tribal Casino Plan Gets Boost As Rival Bill Falls Short

    The Connecticut General Assembly ended its legislative session late Wednesday without voting on a bill that could have paved the way for a proposed MGM Resorts casino in Bridgeport, a project that would have posed a major obstacle to the Mohegan and Mashantucket Pequot’s own plans to open a new casino in the state.

  • May 10, 2018

    Enbridge, Tribe Slam ALJ Report Rejecting New Pipeline Route

    The company behind a pipeline replacement project on Wednesday opposed an administrative law judge's recommendation that the company's new pipeline should be constructed only on the route of the one already there, a sentiment echoed by a Native American band.

  • May 10, 2018

    Coal Co. Wants Wash. Permit Fight To Stay In Federal Court

    Lighthouse Resource Inc., which sued state officials over their refusal to grant permits for a planned coal export facility, asked a Washington federal court to allow the suit to move forward, saying it challenges the state's refusal to consider any coal-related project and doesn't repeat claims brought in local cases.

  • May 9, 2018

    Tribe Can't Pause $27M Tax Suit Pending High Court Review

    An Oklahoma federal court declined on Wednesday to stay the Citizen Potawatomi Nation's $27 million alcohol sales tax arbitration suit against Oklahoma while the tribe seeks U.S. Supreme Court review of a Tenth Circuit order vacating an award in the tribe’s favor.

  • May 9, 2018

    DOI Nominee Talks Tribal Consultation, BIA Turmoil At Hearing

    The Trump administration’s nominee to serve as assistant secretary for Indian Affairs within the U.S. Department of Interior told a Senate committee Wednesday that her work would be guided by tribal interests and that she will take steps to tackle staffing concerns within the agency.

  • May 9, 2018

    Ariz. Justices Take Hopi's Artificial Snow Row With Resort

    The Arizona Supreme Court on Tuesday agreed to review an appeals court decision reviving the Hopi Tribe’s public nuisance suit that alleged its cultural and religious practices would be harmed by Arizona Snowbowl Resort Limited Partnership's manufacture of artificial snow using reclaimed wastewater.

  • May 9, 2018

    DOT Picks Expanded Drone Ops Test Sites, Mulls New Rules

    The U.S. Department of Transportation on Wednesday picked 10 sites in Alaska, California, Florida, Nevada, North Dakota, North Carolina, Kansas, Oklahoma, Virginia and Tennessee to test expanded drone operations, including package-delivery and nighttime flights, and is considering additional new rules for drones.

  • May 9, 2018

    Indian Trader Regs, Coal Valuation Up Next On Trump Agenda

    The Trump administration is preparing to propose new rules for those doing business on Native American tribal lands and for Indian coal valuation, among other regulatory initiatives impacting Indian Country, the White House said Wednesday.

Expert Analysis

  • Opinion

    CFPB’s Payday Loan Protections Protect Big Business Too

    Daniel Karon

    Mick Mulvaney, acting U.S. Consumer Financial Protection Bureau director, recently put the brakes on rules the bureau had developed to regulate payday lenders' abuses. But a weakened CFPB isn’t just bad for payday loan borrowers — it's bad for reputable companies who benefit and thrive from enforcement that reins in cheaters, says Daniel Karon of Karon LLC.

  • Tackling NFL Trademarks: IP Fights Since Last Super Bowl

    David Kluft

    In case someone at the Super Bowl party you attend wants to talk about legal issues, here are some recent NFL-related intellectual property disputes to discuss, says David Kluft of Foley Hoag LLP.

  • Opinion

    Evolving Due Process In The Digital Age

    Stephen Kane

    Because courts have not modernized as quickly as companies like Amazon, Tesla and Apple, Americans are becoming increasingly dissatisfied, but technological innovations may be able to help Americans access their due process, says Stephen Kane of FairClaims.

  • Centers Of Influence Are Key To Small Law Firm Rainmaking

    Frank Carone

    In a national survey of 378 small law firms, partners ranked client referrals as the most important means of business development. Yet studies reveal that while professional services providers obtain most new clients from existing client referrals, their best new clients — the ones providing the largest pool of investable assets — overwhelmingly come from “centers of influence,” says Frank Carone, an executive partner at Abrams Fensterman.

  • Feature

    From Law Firm To Newsroom: An Interview With Bob Woodruff

    Randy Maniloff

    Lawyers who have left the traditional practice for perceived greener pastures are many. But the circumstances surrounding broadcast journalist Bob Woodruff’s departure are unique. Like none I’ve ever heard, says Randy Maniloff of White and Williams LLP.

  • Series

    Judging A Book: Kendall Reviews 'On The Jury Trial'

    Judge Virginia Kendall

    As someone who spent half her days last year on the bench presiding over trials, I often find the alarmist calls to revamp the jury trial system a tad puzzling — why is making trial lawyers better rarely discussed? Then along comes a refreshing little manual called "On the Jury Trial: Principles and Practices for Effective Advocacy," by Thomas Melsheimer and Judge Craig Smith, says U.S. District Judge Virginia Kendall of the Northern District of Illinois.

  • Do I Need New Trial Counsel? 9 Questions To Ask

    Russell Hayman

    Initial selection of defense counsel is usually made at the outset of litigation, long before it is known whether the case may actually proceed to trial. Attorneys with McDermott Will & Emery discuss questions in-house lawyers should consider when deciding whether their litigation counsel should remain lead trial counsel in a case proceeding to trial.

  • Will CFPB Adopt A More Nuanced Approach To Remedies?

    Ori Lev

    The Consumer Financial Protection Bureau's recent loss in CFPB v. CashCall suggests that parties willing to litigate against the agency may achieve success even if they lose on the merits, as courts appear reluctant to award the robust remedies the CFPB typically demands, says Ori Lev of Mayer Brown LLP.

  • Lessons From President Trump's Failed Judicial Nominations

    Arun Rao

    On Tuesday, the Trump administration announced 12 new judicial nominations. We will soon discover whether these candidates learned from the mistakes of the three nominees forced to withdraw in December after bipartisan concerns arose over their qualifications, says Arun Rao, executive VP of Investigative Group International.

  • How To Control Data As Technology Complicates E-Discovery

    Peter Ostrega

    While technology is making certain aspects of e-discovery faster and easier, it is also creating new challenges as quickly as we can provide solutions. The good news is that there are concrete steps businesses can take to address those challenges, says Peter Ostrega of Consilio LLC.