Native American

  • November 24, 2021

    Tribes Fight Juul's Dismissal Bid For E-Cigs Suits

    Tribes in Michigan and New York fired back at attempts by Juul Labs Inc. and Altria Group to escape liability in two bellwether suits against the e-cigarette enterprise for allegedly targeting tribal communities in their schemes to defraud the public.

  • November 24, 2021

    Seminole Tribe Asks Judge To Stay Fla. Sports Betting Ruling

    The Seminole Tribe of Florida is asking a D.C. federal judge to immediately pause her ruling that rejected its request to intervene in a case that invalidated the tribe's gambling agreement with the state of Florida, saying the tribe's standing to participate warrants a review by the D.C. Circuit.

  • November 24, 2021

    Alberta Plans Keystone XL Trade Claim Against US

    Alberta's energy minister said Wednesday that the Canadian province will take the U.S. to arbitration over President Joe Biden yanking the Keystone XL pipeline's permit, two days after developer TC Energy Corp. launched its own arbitration claim.

  • November 24, 2021

    Gambling Industry, Tribes Tally Effects Of Conn.'s New Law

    Connecticut and its two federally recognized Indigenous tribes are now seeing the first impacts of their early 2021 agreement to modernize legal iGaming and allow sports betting in the state. Here, Law360 Pulse speaks with several attorneys watching and participating in this process to see what it all means for the state and tribes.

  • November 24, 2021

    Enviro Groups Say Dam Operator Can't Dodge Salmon Suit

    Environmental groups have pushed back on an effort by the owner of hydroelectric dams to dodge a suit claiming those facilities are violating the Endangered Species Act by killing a protected species of salmon, arguing they've provided plenty of specifics.

  • November 23, 2021

    Despite Jury Win, Opioid Attys Predict 'A Long Way To Go'

    A jury's landmark finding that major pharmacy chains fueled the opioid crisis in Ohio was a badly needed win for governments in nationwide opioid litigation, but experts cautioned that a gauntlet of appeals awaits — something that plaintiffs attorneys themselves immediately acknowledged.

  • November 23, 2021

    Industry Lines Up Against Biden NEPA Changes

    Energy, agriculture, construction, manufacturing and other business groups have come out swinging against the Biden administration's efforts to roll back Trump-era changes to environmental reviews that were seen as industry friendly.

  • November 23, 2021

    DOJ Can't Use Wire Act On Nonsports Bets, Court Hears

    A gambling and lottery services giant asked a Rhode Island federal court on Tuesday to nullify a U.S. Department of Justice legal opinion that it says criminalizes internet-connected gambling under the Wire Act.

  • November 23, 2021

    Pharmacy Giants Fueled Opioid Crisis, Ohio Jury Finds

    Pharmacy giants CVS Health, Walgreens and Walmart were found liable Tuesday for contributing to an opioid abuse epidemic in two Ohio counties, the first time a jury has weighed in on a controversial legal theory at the heart of similar suits nationwide.

  • November 23, 2021

    DC Judge Vacates Seminole-Florida Sports Betting Deal

    A D.C. federal judge vacated the Seminole Tribe's 2021 gambling contract Monday, handing a win to a south Florida family gambling empire as well as property owners who feared the expansion of gambling in their neighborhood.

  • November 22, 2021

    Service Providers Faking EBB Enrollment Numbers, FCC Says

    Students who receive free or reduced lunch are also eligible for a discount on their internet bill under the Emergency Broadband Benefit program, but the Federal Communications Commission's inspector general said some providers have been lying about the number of enrolled students in order to get more federal funds.

  • November 22, 2021

    Arco Says Feds Should Share Blame In Botched Mine Cleanup

    Atlantic Richfield Co. has argued that the federal government's oversight of a botched operation to clean up an abandoned uranium mine on tribal land made it partially liable for subsequent cleanup costs.

  • November 22, 2021

    Wilkinson Barker Knauer Partner Picked For EPA

    The U.S. Environmental Protection Agency has named Wilkinson Barker Knauer LLP partner KC Becker as its regional administrator covering Colorado, Montana, North Dakota, South Dakota, Utah and Wyoming, as well as 28 tribal nations in the southwest.

  • November 22, 2021

    DOJ-Walmart Opioid Battle Halted As High Court Reviews CSA

    The U.S. Department of Justice's sweeping lawsuit contending that Walmart's 5,000 pharmacies "helped fuel a national crisis" of opioid abuse is being halted until the U.S. Supreme Court decides newly accepted cases involving the boundaries of Controlled Substances Act enforcement, a Delaware federal judge ruled.

  • November 19, 2021

    Groups Want Stay On Order That Axed Trump-Era Water Rule

    Oil and gas groups asked a California federal district court to freeze an order it issued last month that dealt a death blow to a Trump-era water rule that had restricted state and tribal authority to deny permits under the Clean Water Act.

  • November 19, 2021

    BLM Will Again Tweak Plans To Protect Greater Sage-Grouse

    The U.S. Bureau of Land Management on Friday announced a new review of Obama- and Trump-era land use plans intended to protect the greater sage-grouse in Western states, continuing an effort to save the species and balance economic interests in the bird's habitat areas.

  • November 19, 2021

    What Enviro Attorneys Need To Know About The Budget Bill

    The sprawling budget reconciliation bill passed Friday by the U.S. House of Representatives contains billions of dollars for environmental programs of all stripes, from incentives to promote clean energy in communities overburdened with pollution to water infrastructure projects.

  • November 19, 2021

    Lawmakers Urge Biden To Cease Fighting Kids' Climate Suit

    A group of Democratic lawmakers, including some of the party's most prominent voices, slammed the Biden administration's decision to contest a lawsuit claiming that federal energy policy disproportionately harms young people and minority and Indigenous communities in violation of the Constitution.

  • November 19, 2021

    FCC Seeks Input On Longer-Term Connectivity Program

    The Federal Communications Commission is exploring how to transition its temporary COVID-19 connectivity program into a more permanent program, asking the public for comment on how to spend the $14 billion Congress dedicated to continued connectivity subsidies.

  • November 18, 2021

    Crow Tribe Blasts Wyo. 'Insinuations' In Hunting Rights Fight

    The Crow Tribe has asked the Tenth Circuit to ignore Wyoming's "repeated insinuations" that the court should abstain from hearing their case, which challenges the validity of an old decision allowing the state to criminally prosecute tribe members who hunt in treaty territory.

  • November 18, 2021

    FERC Says Decision On Spire Pipeline's Future Is Imminent

    The Federal Energy Regulatory Commission on Thursday pledged to determine the immediate future of a St. Louis-area gas pipeline whose authorization was invalidated by the D.C. Circuit before a temporary reprieve keeping the pipeline running expires next month.

  • November 18, 2021

    Purdue Cleared To Pay Gov't Groups Over $12M In Ch. 11 Fees

    A New York bankruptcy judge approved a request from drugmaker Purdue Pharma LP to reimburse more than $12 million in fees incurred by groups representing government entities in its Chapter 11 plan mediation process, saying the groups made significant contributions to the confirmed plan.

  • November 18, 2021

    Va. Order Gives Tribes More Power Over State Permits

    Virginia Gov. Ralph Northam issued a sweeping executive order Thursday requiring the commonwealth to consult with local Native American tribes in the permitting process, moving the state toward becoming the first in the nation where permits can be denied if affected tribes don't give their consent.  

  • November 18, 2021

    FCC Requires Carriers To Allow Texting To Suicide Hotline

    The Federal Communications Commission on Thursday approved several measures, including one requiring phone carriers to support texts to a three-digit suicide hotline number.

  • November 18, 2021

    Biden Administration Floats Reviving Clean Water Act Regs

    The Biden administration on Thursday proposed replacing a Trump-era rule that narrowed the scope of the federal government's Clean Water Act jurisdiction with a broader interpretation that existed prior to 2015 while agencies work on an update.

Expert Analysis

  • A Real-World Guide To Staying Discovery In Federal Court

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    Pleas for stay of discovery under the Federal Rules of Civil Procedure are often rejected when motions to dismiss are pending due to a tenacious tangle of case law, imposing financial and administrative burdens on parties, but some unambiguous rules of thumb can be gleaned to maximize the chances of a discovery stay, says Amir Shachmurove at Reed Smith.

  • How DOD's Climate Focus Will Affect Gov't Procurement

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    Attorneys at Arnold & Porter discuss effects of the Biden administration’s climate change policies on U.S. Department of Defense procurement, why government contractors should comment on related changes to the Federal Acquisition Regulation while they can, and risks and opportunities to watch for now that these policies are likely here to stay.

  • Heed These Rules, Or Risk Your Argument On Appeal

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    Failing to meet the scattered requirements for appellate preservation can have dire consequences, so litigants must understand the relevant briefing rules, the differences between waiver and forfeiture, and the four components of a pressed argument in order to get their case fully considered on appeal and avoid sanctions or dismissal, says Michael Soyfer at Quinn Emanuel.

  • What To Include In Orders Governing Remote Arbitration

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    When conducting remote arbitration, attorneys should negotiate written orders that spell out clear rules on technology accommodations, document handling, witness readiness and other key considerations to ensure parties' rights are protected and the neutral's time is not wasted, say Matthew Williams and Christina Sarchio at Dechert.

  • Series

    Embracing ESG: CBRE GC Talks Effective Compliance Emails

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    Good corporate governance requires communicating expectations for ethical conduct, but compliance emails need not be overly technical — a relatable story told in simple language with humility and respect can create internal communications that drive home the message, says Laurence Midler at CBRE.

  • The Hazards Of Female Lawyers Being 'Office Moms'

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    Female attorneys are frequently credited with being the "office moms" who do critical but undervalued work — from bringing birthday cakes to serving on diversity committees — but as lawyers return to offices, now is a good time for employers to rectify the gender imbalance that disadvantages women, say Ninth Circuit Judge Margaret McKeown and Fine Kaplan partner Roberta Liebenberg.

  • Discovery Immunity For Draft Expert Reports Lacks Clarity

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    Court rulings on whether — and when — drafts of expert reports are immune from discovery have been inconsistent, so the Federal Rules of Civil Procedure should be amended to better distinguish between draft and final expert reports, say attorneys at Lowenstein Sandler.

  • What Latest Build Back Better Draft Means For Green Energy

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    The House Rules Committee's most recent draft of the Build Back Better Act would be a game changer for renewable energy, with numerous updates to investment and tax policies affecting green power projects — but stakeholders must factor in the possibility of more changes to the bill before enactment, say attorneys at Troutman Pepper.

  • A Phased Approach To In-House Legal Tech Adoption

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    In-house legal departments that adopt new technologies too quickly often face frustration or failure, so to help ensure a smooth transition, companies should consider a multistep approach, depending on where they stand with respect to modernizing legal processes, says Tariq Hafeez at LegalEase Solutions.

  • Series

    Confronting Origination Credit: How Firms Can Redo Policies

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    To promote a more diverse and equitable workforce — not to mention better teamwork and higher profits — law firms must tackle common misconceptions about origination credit and design compensation systems that reflect four critical concepts about client relationships, says Blane Prescott at MesaFive.

  • How To Comply With ABA's New Language Access Guidance

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    Considering the American Bar Association's recent language access guidance for lawyers working with clients with whom communication is impeded, attorneys should carefully navigate social and cultural differences and take steps to maintain professional obligations, say Hilary Gerzhoy and Deepika Ravi at Harris Wiltshire.

  • Best Practices For Hiring And Integrating Freelance Lawyers

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    Law firms and legal departments that hire temporary attorneys for certain projects can make the most of their contract talent by ensuring the right fit at the time of recruitment, setting expectations among in-house team members, and being strategic about work distribution, says Leslie Firtell at Tower Legal Solutions.

  • Series

    Embracing ESG: Cognizant Counsel, CSO Talk Collaboration

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    Leveraging the general counsel's nuanced view of a company’s strengths and weaknesses, and aligning it with the chief sustainability officer’s focus on long-term environmental and social macro trends, can help shape the values and direction of a company, say John Kim and Sophia Mendelsohn at Cognizant.

  • EPA Plan Changes PFAS Outlook For Companies, Regulators

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    The U.S. Environmental Protection Agency's recently released PFAS Strategic Roadmap lays out a series of planned actions that, if fully implemented, will transform the regulatory landscape around per- and polyfluoroalkyl substances, affecting regulated industries and regulators alike, say attorneys at Kelley Drye.

  • Responding To Migratory Bird Law Uncertainty Under Biden

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    The Biden administration's U.S. Fish and Wildlife Service recently rescinded a Trump-era rule limiting liability for incidental takes under the Migratory Bird Treaty Act, creating uncertainty around its applicability, so companies should implement best management practices to avoid enforcement risk, say Matthew Ahrens and Allison Sloto at Milbank.

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