Native American

  • December 05, 2022

    In Law Firm Race For Revenue, Top Dogs Stand Alone

    Inflation, hand-wringing over the economy and even a possible recession will do little to close the widening revenue gap between a handful of legal giants grossing billions each year and other law firms, with longtime market consolidation only solidifying their dominance as BigLaw braces for a downturn.

  • December 05, 2022

    The 2022 Law360 Pulse Prestige Leaders

    Check out our Prestige Leaders ranking, analysis and interactive graphics to see which firms stand out for their financial performance, attractiveness to attorneys, ability to secure accolades and positive legal news media representation.

  • December 02, 2022

    Black Creek Descendants Owed Citizenship, Tribal Court Told

    Two people whose Black ancestors were enrolled in the Muscogee (Creek) Nation after the Civil War say the Oklahoma tribe owes them citizenship under a 19th-century treaty, despite its tightening its criteria more than 40 years ago to exclude the descendants of tribe-owned slaves.

  • December 02, 2022

    CVS, Walgreens Take Aim At $650M Opioid Verdict

    Pharmacy giants CVS, Walgreens and Walmart have fought back against a $650 million judgment in litigation over their role in the opioid crisis, arguing in a Thursday appellate brief that the "unprecedented" award wrongly holds the pharmacies responsible for the opioid crisis "writ large."

  • December 02, 2022

    EPA Steps Closer To Blocking Pebble Mine

    The U.S. Environmental Protection Agency's northwest regional office on Thursday moved closer to blocking a proposed Alaska mine, sending a plan to prohibit or restrict the use of land in Bristol Bay to headquarters for final approval.

  • December 02, 2022

    Biden Allowed To Consolidate Utah Monuments Suits

    President Joe Biden won a bid to consolidate two lawsuits accusing him and top administration officials of overstepping their authority when, last year, they restored a pair of Utah national monuments to their original size following reductions made by the Trump administration.

  • December 02, 2022

    Remote Alaska Village Urges 9th Circ. To Reject Land Swap

    Residents of a Native Alaskan village have asked the Ninth Circuit to overturn a federal land swap hundreds of miles to their south, stating the exchange could pave the way for a commercial road through a wildlife refuge that would disturb wild geese they depend on for subsistence.

  • December 01, 2022

    Top Opioid Target Kroger Inks $85M Deal, With $25M For Attys

    Supermarket giant Kroger is paying $85 million, including $25 million for plaintiff lawyers, to end opioid crisis lawsuits in New Mexico, according to settlement papers released Thursday, a relatively sizable sum that underscores the company's new status as a top target in nationwide opioid litigation. 

  • December 01, 2022

    Poarch Band Moves Ahead With Magic City Casino Buy

    The Poarch Band of Creek Indians disclosed Thursday that it is making progress on its purchase of Magic City Casino in Miami, saying the Florida Gaming Control Commission is currently reviewing the transaction.

  • December 01, 2022

    Tribe's River Pollution Claims Aren't Ripe, Metal Co. Says

    The metals division of Teck Resources renewed its attempt to throw out damages claims in a river pollution suit by the state of Washington and the Confederated Tribes of the Colville Reservation, calling the claims unripe because an investigation into remediation actions is still ongoing.

  • December 01, 2022

    EPA Rule Change Would Strengthen Tribal Water Rights

    Federal authorities have proposed a rule change aimed at ensuring that the Clean Water Act does not interfere with certain resources reserved for Native American tribes, such as fish and aquatic plants, with the Biden administration touting the move as part of its trust duty to tribal nations.

  • December 01, 2022

    Biden Announces Protections For Sacred Nevada Mountain

    President Joe Biden says his administration will establish federal protections for Spirit Mountain in southern Nevada, a sprawling area considered sacred by a dozen Native American tribes, heeding the calls of Indigenous activists and conservation groups that tout the local ecosystem.

  • December 01, 2022

    FCC Grants Often-Silent Tribal Station 1-Year Renewal

    The Federal Communications Commission came to an agreement with the Winnebago Tribe of Nebraska on Tuesday to renew its license for an FM station for one year instead of the typical eight after the station was mostly silent between 2018 and 2021.

  • November 30, 2022

    9th Circ. Rehearing To Explore 1980 Alaska Conservation Law

    The Ninth Circuit has indicated that the full bench plans to delve into the Carter-era Alaska National Interest Lands Conservation Act as it mulls the legality of a proposed land swap between the federal government and a Native Alaskan village.

  • November 30, 2022

    Wash. City Offers To Pay $300K To End Tribe's Cleanup Suit

    The city of Yakima, Washington, on Wednesday offered to pay nearly $300,000 to reimburse the Yakama Nation for its work cleaning up a former city landfill in an effort to end a lawsuit over the project.

  • November 30, 2022

    Senators Urge Biden To Commute Leonard Peltier's Sentence

    A group of progressive senators wants President Joe Biden to commute the life sentence of ailing Native American activist Leonard Peltier in response to growing concern that Peltier, who was convicted in 1977 of murdering two federal agents, did not receive a fair trial.

  • November 30, 2022

    Agencies Ink MOU Aimed At Boosting Tribal Spectrum Access

    Two Cabinet agencies and the Federal Communications Commission unveiled an agreement Wednesday designed to make it easier for Native American tribes to tap into spectrum for a wide range of wireless needs.

  • November 30, 2022

    Justices Ponder 'Drive-By' Take On Jurisdiction In Title Case

    The U.S. Supreme Court on Wednesday examined whether its prior pronouncements regarding the Quiet Title Act's statute of limitations bar federal courts from hearing a dispute over a remote Montana road.

  • November 30, 2022

    Claims Court Can't Hear Solenex Oil Lease Case

    A judge has ruled that the U.S. Court of Federal Claims can't hear a case regarding a decadeslong legal battle over a Montana oil lease while litigation over the same issue is pending in another federal court.

  • November 30, 2022

    New DOI Office Seeks Public-Private Deals In Indian Country

    The U.S. Department of the Interior announced Wednesday at the 2022 White House Tribal Nations Summit that it is launching a new Office of Strategic Partnerships intended to develop public-private initiatives that bring economic opportunities to Indian Country.

  • November 30, 2022

    US Giving Tribes $75M For Climate-Related Relocation

    The Biden administration will give a combined $75 million to help three Indigenous tribes start relocating to higher ground, as the coastal communities confront a host of worsening climate-related threats to their critical infrastructure, including rising seas, flooding and erosion.

  • November 29, 2022

    Enbridge, Tribe Must Craft Spill Prevention Plan, Judge Rules

    Pipeline owner Enbridge Energy Co. and a Chippewa tribe will have to hash out a plan to prevent a potential pipeline oil spill before the court will rule on whether the pipeline running through the tribe's northern Wisconsin reservation constitutes a public nuisance, a Wisconsin federal judge ruled on Monday.

  • November 29, 2022

    BIA Looks To Toss Oil Co.'s Drilling Rights Suit In ND

    The U.S. Bureau of Indian Affairs has asked a North Dakota federal judge to throw out an oil and gas developer's lawsuit over the transfer of drilling rights to a pair of competitors, saying their rival has not exhausted the administrative remedies available in its challenge.

  • November 29, 2022

    Maine Supreme Court Restores Lease For $1B Power Line

    The Maine Supreme Judicial Court on Tuesday validated a state lease for an embattled $1 billion power line, ruling the state's bureau of parks and lands correctly found that the project would not substantially alter the small tract of public land.

  • November 29, 2022

    9th Circ. Upholds $7K Sanction On Calif. Tribal Company

    The Ninth Circuit has ruled that a tribe-owned development firm in California must foot a $7,200 sanctions bill for wrongly pursuing a breach of contract suit against a contractor who had declared bankruptcy, concluding that federal law does not offer tribal immunity in that situation.

Expert Analysis

  • 3 Pricing Trends In Law Firm Use Of Litigation Funding

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    As BigLaw firms increasingly include litigation funding as a financing option for clients, internal pricing groups are taking the lead on standardizing and centralizing firm processes, and aggregating risk budgets, says Brendan Dyer at Woodsford Group.

  • Safeguarding Attorneys' Greatest Asset: Our Mental Health

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    Attorneys who understand that mental fitness is their most valuable characteristic should prioritize mental health care accordingly, including with certain activities they may not realize qualify as self-care, says Wendy Robbins at Holland & Knight.

  • Why The EPA Has Made Little Progress On EJ Litigation

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    Although the U.S. Environmental Protection Agency has taken numerous steps to promote environmental justice goals, recent court cases show little progress in achieving those goals through judicial enforcement — and the lack of such cases may not be the agency's fault, says Jeffrey Corey at Parsons Behle.

  • Pending High Court ICWA Decision Holds Broad Implications

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    Oral argument in Brackeen v. Haaland — a child welfare case currently before the U.S. Supreme Court — has called attention to complex interplay between the case and other tribal and racial issues, indicating that consequences will affect Congress' ability to fulfill its trust obligations to tribes, as well as diversity programs that include Native Americans, say attorneys at Jenner & Block.

  • Opinion

    Law Schools Are Right To Steer Clear Of US News Rankings

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    By opting out of participating in the U.S. News & World Report annual rankings, law schools abandon a profoundly flawed system and free up their resources to adapt to the tsunami of changes overtaking the profession, says Nicholas Allard at Jacksonville University College of Law.

  • Opinion

    Litigation Funders Seek Transparency In Disclosure Debate

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    Litigation funders want to correct the record on calls for funding disclosure in the name of transparency, as this purported justification obscures the disclosure's adverse effects — prejudicing plaintiffs' cases and discouraging the assertion of meritorious legal claims, say Dai Wai Chin Feman and William Weisman at Parabellum Capital.

  • 5 Principles For Better Professional Development Programs

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    The pandemic and ensuing "great resignation" have resulted in a more transient legal work force, but law firms can use effective professional development programs to bridge a cultural gap with new associates and stem associate attrition, says Matthew Woods at Robins Kaplan.

  • Series

    My Favorite Law Prof: How I Learned To Practice With Passion

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    First Circuit Judge Gustavo Gelpí recalls how Suffolk University Law School's Joseph Glannon taught the importance of the law as both a tool and a profession, and that those who wish to practice law successfully must do so with love, enthusiasm and passion.

  • Questions To Ask Before Making A Lateral Move As Partner

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    Law firm partners considering lateral moves should diligently interview prospects — going beyond standard questions about compensation to inquire about culture, associate retention and other areas that can provide a more comprehensive view, says Lauren Wu at VOYLegal.

  • Series

    My Favorite Law Prof: How I Learned To Argue Open-Mindedly

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    Queens College President Frank Wu reflects on how Yale Kamisar’s teaching and guidance at the University of Michigan Law School emphasized a capacity to engage with alternative worldviews and the importance of the ability to argue for both sides of a debate.

  • ABA's No-Contact Rule Advice Raises Questions For Lawyers

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    The American Bar Association's ethics committee recently issued two opinions concerning the no-contact rule — one creates an intuitive and practical default for electronic communications, while the other sets a potential trap for pro se lawyers, say Lauren Snyder and Deepika Ravi at HWG.

  • 4 Key Skills For An Effective Attorney Coaching Conversation

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    As BigLaw firms are increasingly offering internal coaching as one of many talent strategies to stem ongoing lawyer attrition, Stacey Schwartz at Katten discusses how coaches can help attorneys achieve their goals.

  • Perspectives

    How Civilian Attorneys Can Help Veterans

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    With legal aid topping the U.S. Department of Veterans Affairs' annual list of unmet needs of veterans facing housing insecurity, nonmilitary volunteer attorneys can provide some of the most effective legal services to military and veteran clients, say Anna Richardson at Veterans Legal Services and Nicholas Hasenfus at Holland & Knight.

  • Series

    My Favorite Law Prof: How I Learned That Culture Shapes Law

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    U.S. District Judge Jed Rakoff of the Southern District of New York considers how a class with Jerry Cohen at Harvard Law helped him understand culture and history’s influence on jurisprudence, and how even seemingly settled law can evolve — all while espousing a more humanistic approach to teaching that restored Judge Rakoff's pride in being a lawyer.

  • 9 Legal Ethics Considerations In Natural Disaster Preparation

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    Since natural disasters like Hurricane Ian do not relieve lawyers of their ethical obligations to clients, law firms should focus their preparedness efforts on specific areas crucial to continuity of representation and ethics compliance, like business and communications contingency planning, record redundancy and more, says Mark Hinderks at Stinson.

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