Native American

  • January 29, 2025

    8th Circ. Rejects Oglala Rancher's Cattle Theft Appeal

    The Eighth Circuit has rejected an appeal by an Oglala Sioux rancher who looked to undo a lower court's finding that he was afforded due process before several head of his cattle were impounded when found to be improperly grazing on the Pine Ridge Indian Reservation.

  • January 29, 2025

    Senate Confirms Former Rep. Lee Zeldin To Lead EPA

    The U.S. Senate on Wednesday confirmed former New York congressman Lee Zeldin to lead the U.S. Environmental Protection Agency.

  • January 29, 2025

    2nd Circ. Rejects NY Tribe's Eel Fishing Regs Challenge

    The Second Circuit has upheld a lower court's rejection of the Unkechaug Indian Nation's challenge to New York State Department of Environmental Conservation regulations on eel harvests, finding that an agreement dating back to 1676 is not federal law preempting state fishing regulations.

  • January 29, 2025

    Tribal Leaders Call Funding Freeze A 'Step In Wrong Direction'

    Native American nonprofit groups and tribal leaders are weighing the effects of the Trump administration's possible federal funding freeze, calling the president's directive, which was revoked on Wednesday, shocking and vowing to bring legal action if necessary to protect Indian Country and the nation's Indigenous citizens.

  • January 28, 2025

    Stakeholders Worry Funding Freeze Will Hinder Connectivity

    Advocates for increased broadband access in schools and libraries are sounding the alarm about the Office of Management and Budget memorandum calling on agencies to pause grant and loan disbursements, with broadband access advocates warning that the move would stop all Universal Service reimbursements and threaten coverage for rural and underserved areas.

  • January 28, 2025

    Energy Co. Seeks Abeyance In Dakota Access Pipeline Row

    The operator of the Dakota Access Pipeline has asked the D.C. federal district court to suspend a South Dakota tribe's suit to shut down the pipeline's use until the court first rules on the tribe and federal government's competing motions for summary judgment.

  • January 28, 2025

    New FERC Chair Backs Status Quo For Gas Project Reviews

    Newly minted Federal Energy Regulatory Commission Chairman Mark Christie told Law360 in an exclusive interview that he sees no reason to change the approval process for gas infrastructure projects despite recent court rulings that have dinged FERC for legally inadequate reviews.

  • January 28, 2025

    Calif. Says It Has Immunity In Tribal Gaming Compact Suit

    Gov. Gavin Newsom and California told a federal judge that their sovereign immunity bars the Picayune Rancheria of the Chukchansi Indians' state-law claims in its suit over the parties' gaming compact, saying the tribe hasn't validly pled a violation of state law.

  • January 28, 2025

    Ariz. Judge Rejects Monument Challenge Due To Mining Ban

    A federal district court judge dismissed the Arizona State Legislature's challenge to former President Joe Biden's proclamation that established an Indigenous site in the Grand Canyon region as a national monument, saying the lawmakers failed to show how the order would harm the state's mining revenue-related interests.

  • January 28, 2025

    Oklahoma Judge To Take Senior Status Next Year

    Chief U.S. District Judge Ronald A. White of the Eastern District of Oklahoma has informed President Donald Trump that he will take senior status a year from now.

  • January 28, 2025

    Judge Temporarily Halts Trump's Funding Freeze

    A D.C. federal judge on Tuesday temporarily blocked a Trump administration freeze on federal spending that was set to go into effect at 5 p.m., as a group of nearly two dozen attorneys general filed a separate case challenging what they described as an illegal and potentially catastrophic move.

  • January 27, 2025

    Alaskan Co. Says Texas Firm Bungled Wash. Dam Scaffolding

    An Alaska Native-owned corporation is claiming a Texas firm supplied faulty underwater scaffolding designs that allegedly caused a structural collapse at a Pacific Northwest dam, exposing one of the corporation's subsidiaries to a demand of more than $1.4 million from the project's lead contractor.

  • January 27, 2025

    Enbridge Urges Line 5 Judge To Stall For Trump Admin Talks

    Enbridge Energy LP suggested Monday that a judge should "sit tight" rather than immediately rule on the merits of Michigan's lawsuit over its Line 5 pipeline to give the new U.S. presidential administration time to reach a resolution with Canada in the long-running dispute.

  • January 27, 2025

    Fed Fisheries Seek Win In Tide Gate Fight Over Salmon

    The National Marine Fisheries Service has sought an early win in a suit by a county dike district challenging a U.S. government biological opinion that says a proposed tide gate project endangers salmon, telling a Washington federal judge that its ecological findings are reasonable.

  • January 27, 2025

    Oklahoma Tribes Want In On DOJ's Jurisdiction Lawsuits

    Three Native American tribes want to back the Department of Justice in its challenges to two Oklahoma district attorneys in an effort to stop them from prosecuting tribal citizens for crimes committed in Indian Country, arguing that the ongoing threat interferes with tribes' rights to enforce their own laws.

  • January 27, 2025

    Pipeline Cos. Tell DC Circ. FERC Project Review Is Solid

    Companies behind a methane gas pipeline set to run between West Texas and Mexico are asking the D.C. Circuit to uphold the Federal Energy Regulatory Commission's approval of the project, which is being challenged by environmentalists.

  • January 24, 2025

    Ill. Casino Applicant Loses Out On License Denial Challenge

    A tribal-led casino applicant that was denied a license to open up in Waukegan, Illinois, does not have standing to appeal that rejection, the state's highest court said on Friday, restoring a trial court's decision on the matter.

  • January 24, 2025

    Trump Fires Inspectors General Without Notice

    President Donald Trump fired more than a dozen inspectors general Friday night, some of whom he had appointed, prompting concerns from both sides of the aisle that the president had not followed legal protocol.

  • January 24, 2025

    Navajo Nation Cautions Citizens Over Immigration Raids

    Navajo Nation tribal leaders are calling on President Buu Nygren to address reported U.S. Immigration and Customs Enforcement raids in Arizona, New Mexico and Utah, where they fear agents may have illegally detained members who live off-reservation and in urban areas.

  • January 24, 2025

    Enviros Want To Reopen Yellowstone Bison Suit

    An environmental group has asked a Montana federal court to reopen a case over the management of Native American tribes' bison hunting on public land near Yellowstone National Park, saying new analysis is needed to determine whether the United States' national mammal can now roam free.

  • January 24, 2025

    Trump Energy Order Disrupts High-Profile NEPA Cases

    One of President Donald Trump's first energy-related executive orders is unsettling closely watched litigation in the U.S. Supreme Court and D.C. Circuit regarding the executive branch's power to implement the National Environmental Policy Act.

  • January 24, 2025

    Army Exploits Pa. Boarding School Cemetery, 4th Circ. Told

    The U.S. Army is exploiting an Indian boarding school cemetery as a repository for human remains, a Nebraska tribe told the Fourth Circuit, arguing that the military institution is conducting research and other activities that serve its goals rather than respecting the sovereignty and traditions of Indigenous people.

  • January 23, 2025

    Ex-Tribal Chair Seeks High Court Review Of Extortion Verdict

    A former tribal chair in Massachusetts told the U.S. Supreme Court on Thursday that the First Circuit was wrong and stands alone in ruling that federal extortion laws apply to Native American officials as it reinstated his convictions tied to the development of a casino project.

  • January 23, 2025

    Trump Orders Recognition Of Lumbee Tribe

    President Donald Trump directed the U.S. Department of the Interior to move along recognition of North Carolina's Lumbee Tribe on Thursday, calling federal recognition "long overdue."

  • January 23, 2025

    NCAA, Student-Athlete Near Deal To End W. Va. Transfer Suit

    A West Virginia federal court has ordered an additional two-week pause in an antitrust lawsuit by an NBA hopeful who accused the NCAA of contract interference as the parties seek to finalize a settlement.

Expert Analysis

  • What Recent Study Shows About AI's Promise For Legal Tasks

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    Amid both skepticism and excitement about the promise of generative artificial intelligence in legal contexts, the first randomized controlled trial studying its impact on basic lawyering tasks shows mixed but promising results, and underscores the need for attorneys to proactively engage with AI, says Daniel Schwarcz at University of Minnesota Law School.

  • Litigation Inspiration: A Source Of Untapped Fulfillment

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    As increasing numbers of attorneys struggle with stress and mental health issues, business litigators can find protection against burnout by remembering their important role in society — because fulfillment in one’s work isn’t just reserved for public interest lawyers, say Bennett Rawicki and Peter Bigelow at Hilgers Graben.

  • Series

    Skiing Makes Me A Better Lawyer

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    A lifetime of skiing has helped me develop important professional skills, and taught me that embracing challenges with a spirit of adventure can allow lawyers to push boundaries, expand their capabilities and ultimately excel in their careers, says Andrea Przybysz at Tucker Ellis.

  • Bid Protest Spotlight: Conflict, Latent Ambiguity, Cost Realism

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    In this month's bid protest roundup, Markus Speidel at MoFo examines a trio of U.S. Government Accountability Office decisions with takeaways about the consequences of a teaming partner's organizational conflict of interest, a solicitation's latent ambiguity and an unreasonable agency cost adjustment.

  • Think Like A Lawyer: Forget Everything You Know About IRAC

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    The mode of legal reasoning most students learn in law school, often called “Issue, Rule, Application, Conclusion,” or IRAC, erroneously frames analysis as a separate, discrete step, resulting in disorganized briefs and untold obfuscation — but the fix is pretty simple, says Luke Andrews at Poole Huffman.

  • Recent Rulings Add Dimension To Justices' Maui Decision

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    The U.S. Supreme Court's 2020 decision in County of Maui v. Hawaii Wildlife Fund established new factual criteria for determining when the Clean Water Act applies to groundwater — and recent decisions from the Ninth and Tenth Circuits have clarified how litigants can make use of the Maui standard, says Steven Hoch at Clark Hill.

  • How Firms Can Ensure Associate Gender Parity Lasts

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    Among associates, women now outnumber men for the first time, but progress toward gender equality at the top of the legal profession remains glacially slow, and firms must implement time-tested solutions to ensure associates’ gender parity lasts throughout their careers, say Kelly Culhane and Nicole Joseph at Culhane Meadows.

  • 7 Common Myths About Lateral Partner Moves

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    As lateral recruiting remains a key factor for law firm growth, partners considering a lateral move should be aware of a few commonly held myths — some of which contain a kernel of truth, and some of which are flat out wrong, says Dave Maurer at Major Lindsey.

  • Series

    Cheering In The NFL Makes Me A Better Lawyer

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    Balancing my time between a BigLaw career and my role as an NFL cheerleader has taught me that pursuing your passions outside of work is not a distraction, but rather an opportunity to harness important skills that can positively affect how you approach work and view success in your career, says Rachel Schuster at Sheppard Mullin.

  • What Recent Setbacks In Court Mean For Enviro Justice

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    Two courts in Louisiana last month limited the federal government's ability to require consideration of Civil Rights Act disparate impacts when evaluating state-issued permits — likely providing a framework for opposition to environmental justice initiatives in other states, say attorneys at King & Spalding.

  • 6 Pointers For Attys To Build Trust, Credibility On Social Media

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    In an era of information overload, attorneys can use social media strategically — from making infographics to leveraging targeted advertising — to cut through the noise and establish a reputation among current and potential clients, says Marly Broudie at SocialEyes Communications.

  • A Post-Mortem Analysis Of Stroock's Demise

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    After the dissolution of 147-year-old firm Stroock late last year shook up the legal world, a post-mortem analysis of the data reveals a long list of warning signs preceding the firm’s collapse — and provides some insight into how other firms might avoid the same disastrous fate, says Craig Savitzky at Leopard Solutions.

  • Series

    Coaching High School Wrestling Makes Me A Better Lawyer

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    Coaching my son’s high school wrestling team has been great fun, but it’s also demonstrated how a legal career can benefit from certain experiences, such as embracing the unknown, studying the rules and engaging with new people, says Richard Davis at Maynard Nexsen.

  • SG's Office Is Case Study To Help Close Legal Gender Gap

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    As women continue to be underrepresented in the upper echelons of the legal profession, law firms could learn from the example set by the Office of the Solicitor General, where culture and workplace policies have helped foster greater gender equality, say attorneys at Ocean Tomo.

  • Series

    In Focus At The EEOC: Protecting Vulnerable Workers

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    It's meaningful that the U.S. Equal Employment Opportunity Commission's strategic enforcement plan prioritizes protecting vulnerable workers, particularly as the backlash to workplace racial equity and diversity, equity and inclusion programs continues to unfold, says Dariely Rodriguez at the Lawyers’ Committee for Civil Rights Under Law.

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