Native American

  • November 22, 2017

    Consumers Say Hedge Fund Financed Illegal Tribal Lending

    Vermont residents on Tuesday hit a hedge fund with a proposed class action in federal court alleging it helped concoct a sham tribal payday lending scheme meant to skirt laws preventing companies from charging consumers exorbitant interest rates while hiding behind tribal sovereign immunity.

  • November 22, 2017

    Enviros' Keystone XL Suits Can Proceed, Judge Says

    A Montana federal judge on Wednesday refused to nix a pair of suits challenging the revival of the Keystone XL pipeline, saying that the federal government can't evade environmental challenges simply because President Donald Trump delegated permitting authority for the controversial project to the U.S. Department of State.

  • November 22, 2017

    What Attorneys Get Wrong About Native American Law

    Allergan Inc.’s recent deal seeking to shield several patents behind a New York tribe’s sovereign immunity highlights the reality that attorneys who focus on other practice areas may at some point find themselves in need of a crash course on Native American law. Here, Law360 takes a look at some fundamental misconceptions practitioners in the field say they've encountered among their colleagues.

  • November 22, 2017

    NC Casino Operator Moves To Nix Unpaid Wages Suit

    The operator of a pair of North Carolina tribal casinos has urged a federal judge to toss a proposed class and collective action accusing it of failing to pay certain employees for all the hours they worked.

  • November 22, 2017

    Trump's Energy Plans Still Hamstrung By EPA, DOI Vacancies

    President Donald Trump has made rolling back energy and environmental regulations to boost energy development a priority. But 10 months into his presidency, there are still plenty of vacancies in politically appointed positions at agencies responsible for carrying out the deregulatory push.

  • November 21, 2017

    Tribe Entitled To Water Quantity, Not Quality, Agency Says

    A California water agency on Monday pushed back against efforts by the Agua Caliente Band of Cahuilla Indians to land a quick win in the tribe’s suit over the quantity and quality of groundwater the tribe is entitled to on its reservation, telling a California federal court that while the tribe has rights under state law, it lacks a federal reserved right to water quality standards.

  • November 21, 2017

    Calif. County Asks 9th Circ. To Rehear Tribal Casino Row

    A California county on Monday urged the Ninth Circuit to rethink a panel ruling backing a lower court’s support of the U.S. Department of the Interior's decision to take land into trust for a proposed Ione Band of Miwok Indians casino.

  • November 21, 2017

    CFPB, CashCall Spar Over Possible $287M In Restitution

    The Consumer Financial Protection Bureau squared off against CashCall Inc. and its affiliates in California federal court on Monday about whether it would be appropriate to make the online lender pay as much as $287 million for deceiving consumers, with the CFPB calling the company’s loans “financial snake oil” and CashCall saying its business was legitimate.

  • November 21, 2017

    Dakota Access Refutes Tribes' Claims In Pipeline Row

    Dakota Access LLC on Monday shot back at claims from two Native American tribes who are challenging the company’s crude oil pipeline that they were given redacted copies of response plans, saying it wanted to set the record straight on factual claims made by the tribe.

  • November 21, 2017

    Calif. Tribe Fights Union Over Labor Arbitration At 9th Circ.

    A California tribe has told the Ninth Circuit that the court and not an arbitrator should decide whether to arbitrate a labor dispute involving two employees who say they were fired for supporting a union representing tribal casino employees.

  • November 20, 2017

    Tribal Lenders Take CFPB Investigation Fight To High Court

    Two tribal lending companies pressed the U.S. Supreme Court on Friday to hear their challenge to a Ninth Circuit ruling that they must comply with a Consumer Financial Protection Bureau investigation, saying the high court should resolve a circuit split around when generally applicable federal laws apply to tribes.

  • November 20, 2017

    BLM Tells 10th Circ. No Need To Revisit Frack Rule Decision

    The Bureau of Land Management on Monday urged the Tenth Circuit not to grant four states’ request that it revisit its rejection of their challenge to an Obama-era hydraulic fracturing rule for federal and Native American lands.

  • November 20, 2017

    Mass. Pushes Justices To Hear Martha's Vineyard Casino Row

    The Commonwealth of Massachusetts, a town and a community association continued to press the U.S. Supreme Court on Monday to weigh in on a decision that paved the way for a Native American tribe to build a casino on Martha’s Vineyard.

  • November 20, 2017

    Restasis Buyers Hit Allergan With Antitrust Suit

    A proposed class of Restasis buyers on Friday accused Allergan Inc. in Texas federal court of blocking low-cost generics for the dry-eye medication through improperly obtained patents, sham infringement suits and citizen petitions, and partnering with a Native American tribe to avoid patent challenges.

  • November 20, 2017

    Tribe Invokes Immunity In $10M Cannabis Contract Dispute

    A tribal corporation owned by the Utu Utu Gwaitu Paiute tribe has asked a California federal judge to toss a suit against it filed by a cannabis company over the termination of a $10 million contract to run a cannabis operation on tribal lands, arguing that the corporation has sovereign immunity from the claims.

  • November 20, 2017

    DOI Still Seeking Cobell Claimants As Deal Deadline Looms

    With a looming deadline for Native American tribal members to make a claim for a bite of the landmark Cobell settlement over the alleged mismanagement of tribal trust funds, the federal government said on Friday it is still looking to identify thousands of possible claimants.

  • November 20, 2017

    Tribe Tells 9th Circ. Union Dispute Must Not Be Arbitrated

    The Shingle Springs Band of Miwok Indians told a panel of the Ninth Circuit on Friday that a memorandum of agreement between the tribe’s casino and a union does not govern employment disputes between the parties, urging the panel to reverse the lower court order compelling arbitration. 

  • November 20, 2017

    Neb. Regulators Approve Keystone XL Pipeline Route

    Nebraska utility regulators narrowly approved construction of a portion of the Keystone XL oil pipeline that passes through the Cornhusker State on Monday, removing the last major regulatory hurdle for the controversial project after it was given new life by President Donald Trump earlier this year.

  • November 17, 2017

    Wash. Reps Float Bill To Speed Up DOI Water Project Reviews

    Two Republican lawmakers introduced a bill Thursday meant to speed up the environmental planning and review of water projects by two U.S. Department of the Interior agencies and to advance a specific water management project for the Yakima River in Washington state.

  • November 17, 2017

    Cherokee Nation Latest To Accuse Tuna Cos. Of Price Fixing

    The Cherokee Nation on Thursday lodged a proposed class action in California federal court against a handful of tuna companies, including Bumble Bee and StarKist, accusing them of violating federal and numerous state consumer protection laws over an alleged canned tuna price-fixing scheme.

Expert Analysis

  • Roundup

    Judging A Book

    Alexander Hamilton and the Development of American Law

    Are the latest books on the judicial system worth reading? Federal judges share their thoughts in this series of book reviews.

  • Don't Waste This Planning Cycle: Year-End Strategies

    Hugh A. Simons

    Law firms are businesses where partners operate with significant autonomy. To see their priorities translate into individual partner action, firm leaders should use a few collaborative strategies, suggests Hugh A. Simons, former senior partner of The Boston Consulting Group and former COO of Ropes & Gray LLP.

  • From Snaps To Tweets: The Craft Of Social Media Discovery

    Matthew Hamilton

    Courts have consistently held that social media accounts are subject to established discovery principles but are reluctant to allow parties to rummage through private social media accounts. Recent case law confirms that narrowly tailored information requests get the best results, say Matthew Hamilton, Donna Fisher and Jessica Bae of Pepper Hamilton LLP.

  • Why White House Efforts To Dismantle Regs Face Roadblocks

    Steven Gordon

    When the White House changes hands from one political party to the other, the new administration often seeks to change or eliminate some of the regulations promulgated by prior administrations. But when regulatory provisions are based on scientific or economic analysis, it may be difficult to legally justify a change, says Steven Gordon of Holland & Knight LLP.

  • An Interview With Former DHS Secretary Jeh Johnson

    Randy Maniloff

    Jeh Johnson, the former secretary of homeland security, was kind enough to let me visit him to reflect on his diverse career. He told stories that left me speechless. And yes, the man who was responsible for the Transportation Security Administration removed his shoes when going through airport security. You bet I asked, says Randy Maniloff of White and Williams LLP.

  • Hurdles To Consider When Securing A Personnel File

    Michael Errera

    Attorneys should follow seven key points to ensure that their discovery requests and pleadings are appropriately prepared to overcome common hurdles that may be encountered when requesting production of a personnel file, say Michael Errera and Paul Ferland of Foran Glennon Palandech Ponzi & Rudloff PC.

  • Series

    Judging A Book: Gilstrap Reviews 'Alexander Hamilton'

    Judge Rodney Gilstrap

    While Alexander Hamilton is the subject of a hit Broadway musical and renewed biographical examinations, professor Kate Brown takes us down a road less traveled in her book "Alexander Hamilton and the Development of American Law" — showing Hamilton as first, last and foremost an American lawyer, says U.S. District Judge Rodney Gilstrap of the Eastern District of Texas.

  • The Case For Creating A Mediation Department At Your Firm

    Dennis Klein

    There are at least four reasons supporting the need for some form of a mediation group within a law firm, especially in firms with larger practices, according to Dennis Klein, owner of Critical Matter Mediation and former litigation partner at Hughes Hubbard & Reed LLP.

  • Core Functions And Cooperative Federalism At The EPA

    Dan Jordanger

    The U.S. Environmental Protection Agency’s recently released draft strategic plan for 2018-2022 starkly narrows the items on which the EPA will focus its resources and turns the agency’s back on many objectives contained in the previous plan — things that the Trump administration and Administrator Scott Pruitt believe should not be done at all, says Dan Jordanger of Hunton & Williams LLP.

  • Being There: Defending Depositions

    Alan Hoffman

    Defending depositions is challenging. The lawyer is the only shield and protector for the witness and the client. The rules of engagement are less than clear, and fraught with ethical perils. Difficult judgment calls often must be made in the heat of battle. This is where lawyers really earn their keep, says Alan Hoffman of Husch Blackwell LLP.