Native American

  • 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.

  • June 29, 2020

    Alaska Native Cos. Can Get Part Of $8B COVID Fund

    A D.C. federal judge has ruled that Alaska Native corporations should share in $8 billion of COVID-19 relief for tribal governments, lifting an injunction he'd put in place when he thought federally recognized tribes were likely to win their bid to block funding to the corporations.

  • June 29, 2020

    High Court Denies Appeal From Payday Lending 'Godfather'

    The U.S. Supreme Court said on Monday it won't consider whether allegedly improper jury instructions led to the racketeering conviction of a Pennsylvania man federal prosecutors have called the "godfather of payday lending."

  • June 29, 2020

    High Court Won't Touch Trump's Border Wall Waivers

    The U.S. Supreme Court on Monday refused to take up environmental groups' challenge to the Trump administration's power to bypass federal laws to speed up construction of the U.S.-Mexico border wall.

  • June 26, 2020

    Trump To Nominate Pendley To Head BLM

    President Donald Trump intends to nominate William Perry Pendley to head the U.S. Bureau of Land Management, a move that would formalize powers that he had long been exercising, according to a White House announcement on Friday.

  • June 26, 2020

    Senate Panel Leaders Float Native American Housing Bill

    The Republican chairman and Democratic vice chairman of the Senate Committee on Indian Affairs introduced a bill Thursday that would revamp and reauthorize a Native American housing bill that expired seven years ago.

  • June 26, 2020

    Coronavirus Q&A: Arizona Hospital Association's CEO

    In this edition of Coronavirus Q&A, the Arizona Hospital and Healthcare Association's chief executive officer discusses how a surge of COVID-19 is affecting patients of different ages, policy priorities involving litigation immunity and emergency waivers, and how large urban hospitals are scrambling to shuttle in personnel and serve patients from other areas.

  • June 26, 2020

    Federal Virus Relief Snags Bedevil Tribes' Recovery

    The U.S. Department of the Treasury's vexed handling of $8 billion in COVID-19 relief has made it harder for tribal governments to cover their health expenses and try to restart their businesses, putting pressure on the department to better advise tribes trying to determine where they can spend the money before an end-of-year deadline, experts say.

  • June 26, 2020

    Trump Plans Vast Expansion Of Drilling In Alaska

    The Trump administration proposed opening up nearly 7 million more acres in the National Petroleum Reserve-Alaska to oil and gas development as part of the president's energy dominance agenda, a move slammed by environmentalists who want more of the area to remain protected.

  • June 26, 2020

    FCC Speeds Up 5G Permit Process For Historic, Tribal Sites

    The Federal Communications Commission on Thursday unveiled an electronic process to speed up approval for 5G wireless infrastructure builds on federally designated historic sites and tribal lands during the coronavirus pandemic, when many Americans have been relying on high-speed internet services during quarantine.

  • June 26, 2020

    9th Circ. Says Trump Can't Divert Funds For Border Wall

    The Trump administration does not have the authority to transfer $2.5 billion in defense funds to finance construction of the president's long-promised border wall, the Ninth Circuit held Friday.

  • June 25, 2020

    More Groups Take On EPA Over Revised Clean Water Rule

    The Trump administration was hit Thursday with yet another suit challenging its rule narrowing the scope of the Clean Water Act, with environmental groups citing the U.S. Supreme Court's April finding the statute can be used to regulate pollution that travels through groundwater.

  • June 25, 2020

    Coronavirus Litigation: The Week In Review

    McDonald's has been ordered to give its workers more virus protections, airlines are seeking to escape claims that they owe refunds to passengers for canceled flights, and minor league baseball teams are among the latest to say they were wrongfully denied insurance coverage for coronavirus-related losses. 

  • June 25, 2020

    OSHA And CDC Issue Virus Guidance For Seafood Processors

    The Occupational Safety and Health Administration and Centers for Disease Control and Prevention on Thursday issued a blueprint on how seafood processors should operate as the coronavirus pandemic continues to spread, detailing how employers should screen, separate and protect onshore and offshore workers.

  • June 25, 2020

    DOI Drops DC Circ. Appeal Of Tribal Recognition Ruling

    The U.S. Department of the Interior told the D.C. Circuit it is abandoning its bid to defend its ban on groups repetitioning for acknowledgment as a tribe, paving the way for the Burt Lake Band of Ottawa and Chippewa Indians to continue to pursue federal recognition.

  • June 25, 2020

    DOI Signs With USDA To Secure Tribal Infrastructure Funding

    The U.S. Department of the Interior signed on to a 2018 U.S. Department of Agriculture agreement it says will help secure funding for infrastructure projects on tribal lands, while ensuring compliance with historic preservation laws.

  • June 25, 2020

    Forest Service Told To Reassess Logging Impact In Alaska

    A federal judge has partially vacated a U.S. Forest Service analysis of the environmental impacts of a logging plan in Alaska, building on an earlier ruling that the plan contained "serious flaws" that outweighed economic concerns about halting the project.

  • June 25, 2020

    EPA Accepts Defeat On Barring Grant Recipients As Advisers

    The U.S. Environmental Protection Agency has abandoned a controversial policy that prevented scientists who receive agency grants from serving on its advisory committees that weigh in on policy, following a series of courtroom defeats.

  • June 25, 2020

    EPA's Alaska Mine Decision Skirts Oversight, 9th Circ. Told

    A conservation group told the Ninth Circuit that upholding a lower court's decision saying the EPA legally exercised its discretion to withdraw proposed restrictions on an Alaskan mining project could "clear the way for irreversible environmental destruction to our waters" without any judicial review.

  • June 24, 2020

    Ranchers Can't Show Impact Of New Water Rule, EPA Says

    A challenge by New Mexico cattle ranchers to the U.S. Environmental Protection Agency's new rule defining Clean Water Act jurisdiction fails to meet the high bar of showing the measure will cause them imminent and irreparable harm, the government agency told a federal court.

  • June 24, 2020

    NY Says Shinnecock Rehashing Old Arguments In Fishing Suit

    A state agency has urged a New York federal court to reject recent arguments from members of the Shinnecock Indian Nation that "merely regurgitate" prior points in a case regarding their right to fish near the tribe's Long Island reservation.

  • June 24, 2020

    Tribe Sues Feds For Threatening Virus Checkpoint Closures

    The Cheyenne River Sioux Tribe on Tuesday accused a high-ranking Bureau of Indian Affairs staffer and other Trump administration officials of unlawfully threatening to take over its police department as part of ongoing efforts to stop the tribe's coronavirus highway checkpoints.

  • June 24, 2020

    18 States Join Corps In Seeking Water Permit Revival

    Texas and 17 other states have asked the U.S. Supreme Court to block a Montana federal judge's order partially banning the use of a nationwide Clean Water Act permit while that ruling is appealed, citing damage to their economies and electricity generation and delivery operations.

  • June 24, 2020

    How Environmental Law Is Shifting Under Trump's Judges

    President Donald Trump's judicial picks, which reached their 200th confirmation Wednesday, are slowly but surely influencing environmental case law, and recent appellate rulings on a natural gas pipeline and a coal shipping ban may provide a glimpse at the judges' approaches going forward.

Expert Analysis

  • Civility Could Be Litigators' New Normal Even Post-Pandemic

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    The past few months of lockdown have given rise to some profound patterns — litigators are more cooperative and less adversarial — and as the activities of courts and tribunals resume, lawyers should consider continuing to devote more time and resources to resolving disputes instead of fighting them out, says Matthew Vafidis at Holland & Knight.

  • Law Firms Must Beware Risks In Nontraditional Financing

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    Law firms in today's financial crisis may be looking at nontraditional arrangements such as portfolio funding or factoring to provide liquidity and cash support, but firms must first consider lawsuits brought against Pierce Bainbridge and other recent developments, says Katherine Toomey at Lewis Baach.

  • 2 Tested Alternatives To Unavoidable Court Delays

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    Those seeking resolution in commercial disputes that are stuck in an unavoidable but lengthy court backlog due to the pandemic must consider the advantages of arbitration and mediation over court proceedings, says former U.S. District Judge Shira Scheindlin now at Stroock.

  • Opinion

    Minn. Ruling Represents Sensible Stance On Legal Finance

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    The Minnesota Supreme Court's Maslowski v. Prospect Funding Partners decision this week reaffirms that the doctrine of champerty is archaic, impedes important litigation finance activity, and should be abolished in the handful of states where it remains alive, says Andrew Cohen at Burford Capital.

  • Best Practices For A Paperless Law Practice

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    A significant challenge in practicing law remotely is the use and handling of documents without paper, because common digital tools such as email or even secure file transfer applications are problematic, say attorneys at Baker McKenzie.

  • Opinion

    Lawyers Must Address Racial Injustice With Radical Candor

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    The legal industry is uniquely positioned, and indeed obligated, to respond to the racial disparities made clear by the recent killings of George Floyd and Breonna Taylor, but lawyers must be willing to be uncomfortable, says Tiffani Lee at Holland & Knight.

  • How Lawyers Can Network Better, Virtually And In Person

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    The current decrease in formality and increase in common ground due to the work-from-home environment can make it easier to have a networking conversation, says Megan Burke Roudebush at Keepwith.

  • Practical Tips For Presenting Your Case To Litigation Funders

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    One mistake that attorneys commonly make when presenting a case to a third-party funder is focusing almost exclusively on liability and giving short shrift to the damages analysis — resulting in an aspirational damages estimate that falls apart under scrutiny, say Cindy Ahn and Justin Maleson at Longford Capital and Casey Grabenstein at Saul Ewing.

  • Avoiding Inadvertent Privilege Waivers In E-Communications

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    Attorneys at WilmerHale highlight recent developments in privilege law, the significant challenges raised by nontraditional working arrangements popularized during the pandemic, and ways to avoid waiving attorney-client privilege when using electronic communications.

  • 5 Tips For Drafting Effective Legal Billing Guidelines

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    To properly manage outside counsel, it's imperative for a company's legal department to implement and maintain rules on what they will and won't pay for, on staffing cases and requesting rate increases, and on how matters will be handled, says Chris Seezen at Quovant.

  • Opinion

    Keystone XL Ruling Paralyzes Infrastructure Permit Process

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    A Montana federal judge's recent ruling revoking water permits for the Keystone XL pipeline and imposing a nationwide moratorium on dredging and filling operations by the U.S. Army Corps of Engineers seriously undermines a tried and true regulatory process, say Tom Magness at Grow America's Infrastructure Now and Patrice Douglas at Spencer Fane.

  • Opinion

    Don't Cancel Your Summer Associate Programs

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    While pulling off an effective summer associate program this year will be no easy feat, law firms' investments in their future attorneys should be considered necessary even during this difficult time, says Summer Eberhard at Major Lindsey.

  • Aquaculture, Fishing Cos. Stand To Net Big Gains From Aid

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    A recent Trump administration executive order and a plan to distribute CARES Act funding to aquaculture and fishing businesses represent ambitious new federal support for these industries, and stakeholders should engage proactively as spending plans and application processes are developed, say attorneys at K&L Gates.

  • 5 Ways To Reduce Post-Pandemic Legal Malpractice Exposure

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    History suggests that legal malpractice claims will rise following the current economic downturn, and while a certain percentage of the claims will be unavoidable, there are prophylactic steps that law firms can take, says John Johnson at Cozen O'Connor.

  • Opinion

    Credibility Concerns About Virtual Arbitration Are Unfounded

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    Concerns that videoconferenced arbitration hearings compromise an arbitrator's ability to reliably resolve credibility contests are based on mistaken perceptions of how many cases actually turn on credibility, what credibility means in the legal world, and how arbitrators make credibility determinations, says Wayne Brazil at JAMS.

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