Native American

  • October 02, 2023

    Justices Skip NM Property Owners' Tribal Land Swap Dispute

    The U.S. Supreme Court will not consider six New Mexico landowners' challenge to the closure of easements in the Sante Fe National Forest following a land swap between the federally recognized Pueblo of Cochiti and New Mexico.

  • October 02, 2023

    High Court Won't Hear Washington Tribe's Dam Dispute

    A Washington tribe's bid to renew a challenge seeking to block the operation of a Seattle dam without a fish passage won't be heard by the U.S. Supreme Court, according to an order list.

  • September 29, 2023

    Did University Abandon Mascot's TM? Judge Says It's Unclear

    An Illinois federal judge said Friday that he can't yet determine whether the University of Illinois abandoned its legal right to control images of its Native American former mascot, ruling that several material questions remain as to the school's licensing of the logo since it was retired in 2007.

  • September 29, 2023

    Pro Say: A Cheat Sheet For The New Supreme Court Term

    The U.S. Supreme Court justices return to the bench on Monday for a new term sure to have an impact, with issues ranging from gun ownership rights in domestic violence cases to the legality of administrative courts and the First Amendment implications of public officials blocking critics on social media.

  • September 29, 2023

    Oregon Water District Bid To High Court Meritless, Tribes Say

    Two Native American tribes at the center of a dispute over water delivery say an Oregon water district's bid to have the case heard before the U.S. Supreme Court is backward, claiming the agency can't explain how it will overcome uniform case law that the Endangered Species Act takes precedence over state law.

  • September 29, 2023

    White NC Residents Can't Block City Board Appointments Yet

    A group of white North Carolina citizens, seeking to prove discrimination in a city's appointment process for a volunteer commission, couldn't get a federal court to grant their emergency request to stop new members from being designated because the group has yet to be denied any spots on it.

  • September 29, 2023

    Fla. Casinos Can't Stall Gambling Pact For High Court Bid

    The D.C. Circuit won't put on hold its approval of a controversial gambling pact that gives the Seminole Tribe exclusive rights to offer sports betting in Florida, although the tribe says the decision will not immediately change its plans.

  • September 29, 2023

    Immigrants Tricked Into Illegal Cannabis Operation, Suit Says

    A group of Chinese immigrants say various individuals and entities used human trafficking to facilitate an illicit cannabis operation in and around the Navajo Nation in New Mexico, leading to their arrest and publicity affecting job prospects, according to a lawsuit in Santa Fe County court.

  • September 29, 2023

    Off The Bench: Tucker Fired, Leagues Merge, Title IX Appeal

    This week's Off The Bench features Michigan State and the football coach it fired rushing headlong toward a legal battle, a merger of two spring football leagues and a resounding Title IX victory by an ex-student over her former school. If you were sidelined, here are the sports and betting stories that had Law360 readers buzzing this week.

  • September 29, 2023

    'Administrative State' Attacks Soar To High Court Crescendo

    After methodically amassing U.S. Supreme Court victories against agency enforcers and regulators, a legal crusade against "administrative state" powers is poised to parlay piecemeal wins into a climactic conquest during the high court's new term, which is already teeming with anti-agency cases.

  • September 29, 2023

    First-Time Advocates Dominate High Court's Fall Schedule

    Solo practitioner Howard Bashman had almost given up all hope on his goal of arguing before the U.S. Supreme Court, but then the justices agreed in March to hear an admiralty law case over choice-of-law provisions in which he represents a yacht owner challenging the denial of an insurance claim.

  • September 29, 2023

    5 Supreme Court Cases To Watch This Fall

    The U.S. Supreme Court will tackle a variety of questions in the first half of its 2023 term that will have a broad impact on federal regulators' power and the authority of courts to intercede in major aspects of American life.

  • September 28, 2023

    Opioid Special Master's Email Doesn't Betray Bias, Court Told

    The plaintiffs' executive committee in multidistrict opioid litigation against pharmacy benefit managers OptumRX Inc. and Express Scripts Inc. has urged an Ohio federal court to reject their bid to disqualify the special master who sent a misfired "reply all" email.

  • September 28, 2023

    Hopi Tribe Wants To Enter Navajo Nation's Land Trust Suit

    The Hopi Tribe is looking to intervene in the Navajo Nation's lawsuit against the U.S. Department of the Interior over a land trust and casino road easement, telling an Arizona federal court it has a legally protectable interest because it's the beneficial owner of the land.

  • September 28, 2023

    Tribal Court Supports Slaves' Descendants Getting Citizenship

    Two descendants of those enslaved by the Muscogee (Creek) Nation will get another chance at applying for citizenship, a tribal district court judge ruled, saying substantial evidence supports their claims that a 19th century treaty guarantees them the same rights and privileges as other Native citizens.

  • September 28, 2023

    White NC Residents Try To Hold Up City Board Appointments

    A group of white residents suing the city of Asheville, North Carolina, for allegedly favoring people of color to serve on an advisory board have asked a federal judge to stall new appointments while their discrimination case moves forward.

  • September 28, 2023

    CFPB Urges 9th Circ. To Uphold $134M CashCall Restitution

    The Consumer Financial Protection Bureau asked the Ninth Circuit to uphold a $134.1 million restitution judgment meant to reimburse borrowers duped by a tribe-linked lending company's deceptive loan scheme, asserting the lender was not entitled to a jury trial before it was found liable for the hefty amount.

  • September 28, 2023

    EPA Says Tribe Can't Challenge Florida Water Power Transfer

    The U.S. Environmental Protection Agency is moving to sink a Native American tribe's lawsuit accusing the EPA of inappropriately giving Florida Clean Water Act permitting power that was previously reserved for the federal government.

  • September 27, 2023

    DOJ Awards $68M To Tribes To Assist Violence Survivors

    The U.S. Department of Justice, in an effort to support survivors of violence, is awarding $68.2 million in grant funding to indigenous communities, saying the funding will help strengthen its relationship with the tribes.

  • September 27, 2023

    Okla. AG Wants Defense Cert. In Gambling Compact Suit

    Oklahoma Attorney General Gentner Drummond wants the state's Supreme Court to weigh in on a federal dispute between him and Gov. Kevin Stitt, saying his right to take control as defense counsel in litigation over gambling compacts is paramount for the expedient resolution of the case.

  • September 27, 2023

    News Outlets Rip Smiling MAGA Kid's 6th Circ. Rehearing Bid

    The New York Times Co. and other media companies have slammed a rehearing bid filed by Nicholas Sandmann, the subject of a viral 2019 video who wore a "Make America Great Again" hat and grinned at a Native American activist during a protest, arguing that Sandmann is trying to reinvent his defamation claims.

  • September 27, 2023

    Cannabis Banking Bill Advanced Out Of Senate Committee

    A key U.S. Senate committee on Wednesday moved forward a piece of legislation designed to normalize the cannabis industry's relationship with banks and other financial institutions.

  • September 27, 2023

    Biden Blocks Congress' Effort To Delist Bat, Prairie Chicken

    President Joe Biden vetoed two congressional measures that sought to undo rules granting endangered species status for the northern long-eared bat and designating one lesser prairie chicken population as endangered and another population as threatened.

  • September 27, 2023

    McKinsey Strikes $230M Opioid Deal With Gov'ts And Schools

    Management consulting giant McKinsey & Co. has struck a deal to pay a total of $230 million to end claims brought by local governments and school districts that its work advising drugmakers contributed to the opioid crisis, according to documents filed late Tuesday in California federal court.

  • September 26, 2023

    Agencies Face Steep Learning Curve Under Biden GHG Order

    Not every federal agency has experience with incorporating cost estimates for damages caused by greenhouse gas emissions into their daily work, but that's going to change under President Joe Biden's new directive that all agencies must begin using them in their budgeting, procurement and permitting decisions.

Expert Analysis

  • Avoiding The Ethical Pitfalls Of Crowdfunded Legal Fees

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    The crowdfunding of legal fees has become increasingly common, providing a new way for people to afford legal services, but attorneys who accept crowdsourced funds must remember several key ethical obligations to mitigate their risks, say Hilary Gerzhoy and Julienne Pasichow at HWG.

  • What Large Language Models Mean For Document Review

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    Courts often subject parties using technology assisted review to greater scrutiny than parties conducting linear, manual document review, so parties using large language models for document review should expect even more attention, along with a corresponding need for quality control and validation, say attorneys at Sidley.

  • Participating In Living History Makes Me A Better Lawyer

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    My role as a baron in a living history group, and my work as volunteer corporate counsel for a book series fan association, has provided me several opportunities to practice in unexpected areas of law — opening doors to experiences that have nurtured invaluable personal and professional skills, says Matthew Parker at the Nebraska Department of Health and Human Services.

  • Opinion

    Private Equity Owners Can Remedy Law Firms' Agency Issues

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    Nonlawyer, private-equity ownership of law firms can benefit shareholders and others vulnerable to governance issues such as disparate interests, and can in turn help resolve agency problems, says Michael Di Gennaro at The Law Practice Exchange.

  • How To Protect Atty-Client Privilege While Using Generative AI

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    When using generative artificial intelligence tools, attorneys should consider several safeguards to avoid breaches or complications in attorney-client privilege, say Antonious Sadek and Christopher Campbell at DLA Piper.

  • Futility Exception To Remanding Rule Could Be On Last Legs

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    A recent Fifth Circuit decision squarely confronting the futility exception to remanding cases with insufficient subject matter jurisdiction leaves the Ninth Circuit alone on one side of a circuit split, portending a tenuous future for the exception, say Brett Venn and Davis Williams at Jones Walker.

  • How New Lawyers Can Leverage Feedback For Growth

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    Embracing constructive criticism as a tool for success can help new lawyers accelerate their professional growth and law firms build a culture of continuous improvement, says Katie Aldrich at Fringe Professional Development.

  • What New EPA Enforcement Initiatives Mean For Industry

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    With the U.S. Environmental Protection Agency's recent announcement that climate change, per- and polyfluoroalkyl substances, and coal ash will be major investigation and enforcement targets in the coming years, the oil and gas, chemical, and waste management sectors should anticipate increased scrutiny, say Jonathan Brightbill and Madalyn Feiger at Winston & Strawn.

  • Bat's Newly Endangered Status Likely To Slow Development

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    A recent change in the classification of the northern long-eared bat from "threatened" to "endangered" could have significant effects on development in large portions of the Eastern and Southeastern U.S. — and in the absence of straightforward guidelines, developers will have to assess each project individually, says Peter McGrath at Moore & Van Allen.

  • Twitter Legal Fees Suit Offers Crash Course In Billing Ethics

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    X Corp.'s suit alleging that Wachtell grossly inflated its fees in the final days of Elon Musk’s Twitter acquisition provides a case study in how firms should protect their reputations by hewing to ethical billing practices and the high standards for professional conduct that govern attorney-client relationships, says Lourdes Fuentes at Karta Legal.

  • Offshore Wind Auction Results Portend Difficulties In Gulf

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    Results of the Bureau of Ocean Energy Management's recent auction of the Gulf of Mexico lease areas tell different stories about the future of offshore wind in the U.S., with the Gulf’s low interest suggesting uncertainty and the Mid-Atlantic’s strong interest suggesting a promising market, say attorneys at K&L Gates.

  • ABA's Money-Laundering Resolution Is A Balancing Act

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    While the American Bar Association’s recently passed resolution recognizes a lawyer's duty to discontinue representation that could facilitate money laundering and other fraudulent activity, it preserves, at least for now, the delicate balance of judicial, state-based regulation of the legal profession and the sanctity of the attorney-client relationship, say attorneys at Ballard Spahr.

  • Law Firm Professional Development Steps To Thrive In AI Era

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    As generative artificial intelligence tools rapidly evolve, professional development leaders are instrumental in preparing law firms for the paradigm shifts ahead, and should consider three strategies to help empower legal talent with the skills required to succeed in an increasingly complex technological landscape, say Steve Gluckman and Anusia Gillespie at SkillBurst Interactive.

  • New 'Waters' Rule May Speed Projects, Spawn More Litigation

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    The Biden administration's new rule defining "waters of the United States" in accordance with a recent U.S. Supreme Court decision will remove federal protection for some wetlands — which could both enable more development and lead to more legal challenges for projects, says Marcia Greenblatt at Integral Consulting.

  • The Basics Of Being A Knowledge Management Attorney

    Excerpt from Practical Guidance
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    Michael Lehet at Ogletree Deakins discusses the role of knowledge management attorneys at law firms, the common tasks they perform and practical tips for lawyers who may be considering becoming one.

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