Native American

  • July 02, 2020

    Law360 Names Top Attorneys Under 40

    We're pleased to announce Law360's Rising Stars for 2020, our list of 176 attorneys under 40 whose legal accomplishments transcend their age.

  • July 02, 2020

    DOI Watchdog Warns Tribal COVID-19 Funds At Risk Of Abuse

    The U.S. Department of the Interior's spending of $522 million in COVID-19 relief on programs for tribes and Native Americans could be susceptible to fraud and abuse, the DOI's Office of Inspector General has said.

  • July 02, 2020

    FERC Seeks Hill's Help After DC Circ. Dumps Pipeline Policy

    Two Federal Energy Regulatory Commissioners has urged Congress to extend the agency's administrative appeals process and give landowners more protection, two days after the D.C. Circuit blew a hole in FERC's ability to delay requests to reconsider gas project approvals.

  • July 02, 2020

    Feds, Alaska Native Corps. Urge No More Blocks On Virus Aid

    The Treasury Department has urged a D.C. federal judge to let Alaska Native corporations receive their portion of $8 billion in COVID-19 relief, saying the only legal support that federally recognized tribes have to try to prevent the money being distributed is an earlier injunction the judge recently discarded.

  • July 02, 2020

    Coronavirus Litigation: The Week In Review

    Grocery delivery service Instacart is suing to block a Seattle ordinance requiring coronavirus hazard pay for gig delivery workers, New York police officers and Las Vegas resort workers claim they haven't been provided with adequate protections during the pandemic, and the ACLU says California courts can't block public access to trials, despite the virus. 

  • July 02, 2020

    High Court Told To Deny Review Of 9th Circ. Voting Ruling

    The Arizona secretary of state and the Democratic National Committee told the U.S. Supreme Court on Wednesday not to grant a bid for review of a Ninth Circuit majority ruling that found two Arizona voting regulations to be discriminatory.

  • July 02, 2020

    Biggest Environmental Law Rulings So Far In 2020

    2020 has already been a huge year for environmental litigation, with the U.S. Supreme Court clearing up important unanswered questions in water and Superfund law, and an ambitious group of youths losing their effort to bring the federal government to trial over climate policy.

  • July 01, 2020

    Congress Extends PPP To August, Mulls 2nd Round Of Loans

    The U.S. House of Representatives passed a bill Wednesday to reopen the Paycheck Protection Program through Aug. 8, sending the Senate-approved measure to the president as lawmakers discuss a possible second round of forgivable loans.

  • July 01, 2020

    Mont. Gov. Escapes Enviros' Yellowstone Bison Suit

    A Montana federal judge has let Montana Gov. Steve Bullock exit a suit brought by a conservation group claiming the state and federal governments mishandled Native American tribes' bison hunting on public land near Yellowstone National Park, finding that the governor is not a proper defendant in the dispute.

  • July 01, 2020

    Colorado Sen. Floats Broadband Bill With $1B For Tribes

    Sen. Michael Bennet, D-Colo., on Tuesday introduced legislation to provide $1 billion to tribal governments and $30 billion to states that proponents say could boost competition and better service in parts of the country with limited broadband access. 

  • July 01, 2020

    DOI Escapes Tribe Members' Suit Over Election Petition

    A South Dakota federal judge has tossed a suit by Oglala Sioux Tribe citizens seeking more time from the U.S. Department of the Interior to set up an election to amend the tribe's constitution, saying the DOI wasn't under any obligation to extend the deadline to collect signatures needed to secure the vote.

  • July 01, 2020

    ND High Court OKs Permit For Refinery Near National Park

    The North Dakota Supreme Court has upheld a state Clean Air Act permit for an oil refinery near a national park, finding that the state Department of Environmental Quality adequately responded to public concerns over pollution from the project.

  • June 30, 2020

    Mining Groups Back Rosemont Copper Project To 9th Circ.

    Mining interest groups have filed a flurry of amicus briefs with the Ninth Circuit supporting a bid by Rosemont Copper Co. and its parent company to overturn a lower court ruling blocking a major copper mining project in Arizona.

  • June 30, 2020

    EPA Plans To End Controversial COVID-19 Enforcement Policy

    The U.S. Environmental Protection Agency said it would be ending its controversial policy that suspended monitoring and reporting requirements for certain entities during COVID-19, according to a memorandum from the agency.

  • June 30, 2020

    Feds And Conservation Group Pause Shark Overfishing Suit

    A Hawaii conservation nonprofit has reached an agreement with the federal government to stay its lawsuit over the government's alleged failure to designate the oceanic whitetip shark population as overfished, with an official designation expected in August.

  • June 30, 2020

    State AGs Slam Trump Order To Skirt Environmental Reviews

    Attorneys general for 15 states and the District of Columbia warned the Trump administration that an executive order to bypass vigorous environmental reviews for infrastructure projects would run afoul of emergency provisions in federal law, even considering the COVID-19 pandemic.

  • June 30, 2020

    DC Circ. Dumps FERC Policy That Delays Pipeline Appeals

    The D.C. Circuit ruled en banc Tuesday that the Federal Energy Regulatory Commission can't delay requests to reconsider its approval of gas infrastructure projects in order to stave off judicial challenges, saying the agency's tolling policy unlawfully rewrites the Natural Gas Act.

  • June 30, 2020

    Pharmacies Urge 6th Circ. To Boot Opioid MDL Judge

    CVS Health Corp., Walgreen Co. and other major pharmacy chains asked the Sixth Circuit on Tuesday to disqualify the Ohio federal judge supervising multidistrict opioid litigation, accusing him of exhibiting blatant bias by "directing plaintiffs' trial strategy."

  • June 29, 2020

    AmerisourceBergen CEO Must Testify In Opioid Bellwether

    Virginia Special Master Christopher C. Wilkes on Monday ordered AmerisourceBergen Drug Corp. CEO Steven H. Collis to testify in the second bellwether opioid suit expected to head to trial in federal multidistrict litigation, rejecting the company's arguments taking his video-deposition would be too burdensome.

  • June 29, 2020

    9th Circ. Shuts Down Tribes' Challenge To Wash. Jurisdiction

    The Ninth Circuit on Monday upheld a Washington federal judge's finding that the state has jurisdiction over any crime involving non-Indians on the Yakama Nation's reservation, in a ruling that hung on the definition of the word "and" in a 2014 document.

  • June 29, 2020

    Justices Seek SG Input On Chemical Co.'s Tribal Fee Fight

    The U.S. Supreme Court on Monday asked the U.S. solicitor general to weigh in on chemical company FMC Corp.'s petition to overturn a ruling that required it to pay the Shoshone-Bannock Tribes of Ohio a $1.5 million waste storage fee every year. 

  • June 29, 2020

    Sierra Club Asks Justices To Leave Water Permit Ban In Place

    Environmental groups including the Sierra Club and Natural Resources Defense Council on Monday urged the U.S. Supreme Court to leave intact a Montana federal judge's decision to prohibit new oil and gas pipeline projects from using an expedited Clean Water Act permitting process.

  • June 29, 2020

    Justices Won't Hear Enviros' Challenge To Navajo Coal Plant

    The U.S. Supreme Court on Monday refused to take up a yearslong battle by environmental groups challenging the federal government's decision to grant lease extensions to a New Mexico power plant and nearby coal mine partly owned by the Navajo Nation.

  • June 29, 2020

    Tribe Says Casino Patron's Fall Suit Should Get The Boot

    A Texas federal court has no business overseeing a personal injury case from a Houston man who blamed a faulty casino staircase for his broken wrist, the Alabama-Coushatta Tribe of Eastern Texas said.

  • June 29, 2020

    Texas Distribution Co. Seeks $29M For KN95 Mask Order

    A Texas distribution company that primarily serves the food and sanitation industries is seeking more than $29 million for supplying 10 million KN95 masks to a third party who later distributed them to the state's emergency management department.

Expert Analysis

  • Tips For Crafting The Perfect Law Firm Alert

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    As lawyers have had more time to write in recent weeks, the number of law firm alerts has increased massively, but a lot of them fail to capture readers and deliver new business, says Richard Torrenzano at The Torrenzano Group.

  • Series

    Judging A Book: Elrod Reviews 'Shortlisted'

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    Renee Knake Jefferson and Hannah Brenner Johnson's new book, "Shortlisted: Women in the Shadows of the Supreme Court," is a service to an overlooked group of nine women who were considered for the U.S. Supreme Court before Justice Sandra Day O'Connor was confirmed, and offers constructive tips for women looking to break through the glass ceiling, says Fifth Circuit Judge Jennifer Elrod.

  • Mandatory State Bars Likely To Remain Intact, For Now

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    A Texas federal judge’s recent holding in McDonald v. Sorrels that mandatory bar memberships do not violate members' constitutional rights indicates that such requirements survive the U.S. Supreme Court's 2018 decision in Janus, but it may mean that the Supreme Court will address the issue in the not-too-distant future, say Majed Nachawati and Misty Farris at Fears Nachawati.

  • 11 Keys To Success At Remote Mediation

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    Attorneys should accept that remote mediation may be their only current option for resolving a dispute and take steps to obtain a fantastic outcome for their clients, including making sure the right people attend the remote mediation and beginning the session with an apology, says Eric Meyer at FisherBroyles.

  • Pandemic Could Bring Student Exodus From Legal Profession

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    A recent survey shows that law and prelaw students have serious concerns about the quality and value of remotely provided legal education, and rapid action from the legal community is necessary to prevent promising young people from leaving in favor of other professions, says Mehran Ebadolahi at TestMax.

  • The Privilege Implications Of Using Online Collaboration Tools

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    While few courts have addressed the attorney-client privilege or work-product doctrine in the context of online collaboration tools, existing case law supports five best practices as organizations increasingly use these tools in the COVID-19 era, say Christopher Campbell and Marcus Sandifer at DLA Piper.

  • Confronting Mental Distress In The Legal Profession

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    Even before the pandemic, troubling data about mental distress among lawyers pointed to a profession in crisis, but addressing the challenge requires a better understanding of the causes, says Jonathan Prokup at Cigna Corp.

  • Opinion

    Litigation Finance Investments Are Not Risk-Free Loans

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    The Ninth Circuit's certification order last week in Fast Trak v. Sax presents an important opportunity for the New York high court to affirm the consensus among courts — litigation finance transactions are not loans subject to usury laws, say Wendie Childress and William Marra at Validity Finance.

  • Opinion

    How White Privilege Helped Me Succeed In BigLaw

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    The white, male power structure has eased the path for lawyers like me for far too long, and we should now be responsible for dismantling this systemic bias within the legal industry, says Scott McLaughlin at Eversheds Sutherland.

  • Opinion

    Congress Must Create More Private Rights Of Action

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    In light of the Trump administration's efforts to limit the enforcement of regulations during the pandemic and beyond, and the U.S. Supreme Court's severe limitations on private rights of action, Congress must take swift action, says attorney Todd Phillips.

  • Keys To A Thriving Biz Development Culture At Your Law Firm

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    As law firms continue to experience the economic impact of the COVID-19 crisis, it is more important than ever that they reduce reliance on just a few rainmakers and foster a culture that makes business development a way of life for everyone — from junior associates to senior partners, says Elise Holtzman at The Lawyer's Edge.

  • Telehealth Expansion Will Benefit Tribal Communities

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    Telehealth is likely to play a much larger role in the coming years due to COVID-19's sweeping impact, and Indian tribes — amid expanded federal commitment to tribal telehealth — should be full participants in this medical revolution, say Paul Moorehead and Kathleen Hatfield at Powers Pyles.

  • How Video Mediation Can Help Us Serve Clients Better

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    Mediation in recent years has largely devolved into a kind of arbitration without due process — where a mediator reads briefs, decides where the case should settle, and drives parties toward that single-minded result — but online mediation can be steered in a different direction, says mediator Jeff Kichaven.

  • Mental Health Efforts Will Support Diversity In Legal Industry

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    The stigma of discussing mental health struggles during these tough times is especially profound for attorneys of racial and ethnic minorities, but law firms and in-house departments can change the narrative, says Patricia Silva at Lathrop.

  • State Of Enviro Enforcement After Trump's Deregulatory Order

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    Attorneys at Sidley outline the interplay between President Donald Trump's recent executive order on deregulation during the pandemic and the U.S. Environmental Protection Agency's COVID-19-related guidance, and offer practical considerations for enforcement actions proceeding against the new backdrop.

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