Native American

  • May 26, 2020

    Okla. Gov. Insists Tribal Gambling Compacts Didn't Renew

    Oklahoma's governor is not backing down from his argument that he has the right to renegotiate tribal-state gambling compacts, telling a federal judge in a suit brought by the Cherokee, Chickasaw and Choctaw nations that the compacts didn't automatically renew, as the tribes contend.

  • May 26, 2020

    Trump Presses Court To Reject Monument Cut Challenges

    The Trump administration has urged a D.C. federal judge to grant its motions for summary judgment fighting back against Native American tribes' and environmental groups' claims that the president didn't have the authority to scale back the size of two Utah national monuments.

  • May 26, 2020

    Atty Gains Deeper View Of Trust Land Pitfalls As Tribal Leader

    The Ione Band of Miwok Indians has finally succeeded in its yearslong, heavily litigated bid to have the federal government take the California tribe's land into trust for a casino project, but Ione Band Chairperson and Kaplan Kirsch & Rockwell LLP partner Sara Dutschke Setshwaelo's immersion in that process showed just how difficult, expensive and uncertain it can be, she told Law360 in an exclusive interview.

  • May 22, 2020

    Law360 Reveals Titans Of The Plaintiffs Bar

    They've represented consumers, companies, and government entities, taken on Goliaths in industries ranging from aerospace to health care to finance to technology to sports, and won landmark victories on behalf of clients across the country.

  • May 22, 2020

    Federal Judge Won't Revive Obama-Era Coal Lease Ban

    A Montana federal judge refused Friday to reinstitute an Obama-era moratorium on federal coal leasing, saying the Trump administration complied with his order to prepare an environmental review supporting its decision to lift the ban.

  • May 22, 2020

    Amerisource Hid 'Pillbillies' Email In Opioid MDL, Attys Say

    AmerisourceBergen Drug Corp. violated its discovery duties in multidistrict opioid litigation by not promptly producing key documents, including an internal email chain that joked about "pillbillies" abusing painkillers, plaintiffs attorneys told an Ohio federal judge.

  • May 22, 2020

    Treasury Says It's On Track To Send Tribes COVID-19 Funds

    Treasury Secretary Steven Mnuchin told a D.C. federal judge Friday that the department is following through on its plan to send out $3.2 billion in COVID-19-related funding to tribal governments, as tribes spent the week furnishing more data requested by the department.

  • May 22, 2020

    Virus Exacerbates Long-Standing Water Difficulties For Navajo

    Darrell Begay estimates that he spends at least 12 hours each week hauling water to his mother's house in Oaksprings, New Mexico, on the Navajo Nation reservation. He has 20 five-gallon jugs for drinking and washing, and plastic tanks for the family's sheep and cattle.

  • May 21, 2020

    Mich. Tells 6th Circ. Tribe Never Had A Reservation

    Michigan has urged the Sixth Circuit to uphold a lower court's ruling that the Little Traverse Bay Bands of Odawa Indians can't get recognition of their reservation boundaries, saying the judge rightly found that an 1855 treaty set aside land for individuals, not a reservation.

  • May 21, 2020

    Trump Admin. Defends Border Wall Waivers At High Court

    The federal government on Thursday asked the U.S. Supreme Court to uphold two decisions tossing environmental groups' efforts to halt construction of the Trump administration's southern border wall in California, Arizona, New Mexico and Texas.

  • May 21, 2020

    FERC Divide Sharpens Over Gas Project Approvals

    The Federal Energy Regulatory Commission on Thursday advanced a pair of liquefied natural gas projects, although the agency's sole Democratic commissioner accused his colleagues of blindly approving projects despite concerns about the COVID-19 pandemic and slumping LNG demand.

  • May 21, 2020

    SD Gov. Seeks Trump's Help To End Tribes' COVID-19 Stops

    South Dakota Gov. Kristi Noem announced Wednesday that she is seeking help from President Donald Trump and others to shut down checkpoints that tribes have set up to mitigate the spread of COVID-19 on their reservations, pushing her stance that the stops on U.S. and state highways are unlawful.

  • May 21, 2020

    Sioux Tribes, Dems Want Dakota Access Easement Revoked

    Four Sioux tribes and more than three dozen Democratic members of Congress have urged a D.C. federal judge to pull an easement for the Dakota Access Pipeline, claiming a glut of crude oil in the U.S. undermines the federal government's claim that revoking access would disrupt American markets.

  • May 21, 2020

    Green Groups Tell 9th Circ. Feds Flubbed Water Permit Policy

    Environmental groups have asked the Ninth Circuit not to put on hold a Montana federal judge's decision to void a common nationwide water permit for use with new oil and gas pipeline construction, saying the fault lies with the federal government for ignoring its potential impact on protected species.

  • May 20, 2020

    Tribes Say Chemical Co. Twisting Facts In Permit Appeal

    Idaho tribes told the U.S. Supreme Court on Wednesday that chemical company FMC Corp. "resorts to a battery of mischaracterizations" in its effort to get the high court to overturn a ruling it owes $1.5 million in annual permit fees to the tribes.

  • May 20, 2020

    DOI Tribal Land-Into-Trust Guidance 'A Joke,' DC Judge Says

    A D.C. federal judge on Wednesday slammed the U.S. Department of the Interior's guidance for deciding when a tribe qualifies to have its land taken into trust, calling it "a joke" and blasting the government's contention that the guidance should apply to the Mashpee Wampanoag Tribe's land-into-trust application if it's sent back to the agency.

  • May 20, 2020

    Advocacy Groups Decry New Trump Deregulatory Move

    Environmental and other advocacy groups say more harm than good will come from President Donald Trump's executive order that instructs agencies to work faster to reduce regulations and cut more red tape to help the economy rebound.

  • May 20, 2020

    EPA Chief Faces Heat Over Compliance Relief Amid COVID-19

    Senate Democrats on Wednesday slammed U.S. Environmental Protection Agency Administrator Andrew Wheeler over the agency's decision to offer relief from some compliance obligations to entities affected by the coronavirus pandemic, saying it will put vulnerable communities at risk.

  • May 20, 2020

    Alaska Native Hospital Calls For Pandemic Fishery Shutdown

    Alaska Gov. Mike Dunleavy's decision to allow commercial fishing this summer could precipitate a public health crisis for native villages in the Bristol Bay region in violation of state human rights law, native leaders and health experts say. 

  • May 20, 2020

    Green Group Wants Feds To Update Grizzly Recovery Plan

    The Center for Biological Diversity on Tuesday urged a Montana federal judge to grant summary judgment in a suit over the U.S. Fish and Wildlife Service's alleged failure to update the federal recovery plan for grizzly bears.

  • May 19, 2020

    DOI Says It Properly Rejected Mashpee Tribe's Trust Land Bid

    The U.S. Department of the Interior has told a D.C. federal court that it correctly updated a test to decide when tribes qualify to have land taken into trust, saying it did not surreptitiously apply 2020 guidance to a 2018 decision, as the Mashpee Wampanoag Tribe claims.

  • May 19, 2020

    Tribal Fishing Co. Says OSHA Has To Keep Hands Off

    A Red Lake Band of Chippewa Indians-owned fishing company urged the Eighth Circuit on Tuesday to uphold a ruling that it didn't have to submit to a federal inspection following the fatal drowning of two employees, saying the Occupational Safety and Health Administration has no say over the tribe's treaty-protected fishing business.

  • May 19, 2020

    Powell, Mnuchin Open To Eligibility Tweaks For Fed Programs

    The heads of the U.S. Treasury Department and Federal Reserve told senators on Tuesday they're keeping an open mind about expanding eligibility for some of the central bank's emergency lending facilities to cover a wider range of companies and collateral.

  • May 19, 2020

    Gov't Says It's Following Plan To Protect Salmon

    The U.S. Bureau of Reclamation and the National Marine Fisheries Service are urging a California federal court to reject the Yurok Tribe's bid to lift a stay so it can pursue a temporary restraining order to protect a species of salmon from the impacts of an irrigation project on the Klamath River.

  • May 19, 2020

    NextEra Kansas Wind Farm Must Halt, Kickapoo Member Says

    Construction on a NextEra Energy Inc. wind farm in Kansas must be stopped immediately because the project has not been properly vetted for its potential to devastate a local tribe and rural agricultural community, a Kickapoo Nation member said in a proposed class action.

Expert Analysis

  • 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.

  • A Lawyer's Guide To Client Service Continuity Planning

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    Ensuring uninterrupted client service and compliance with ethical obligations in a time when attorneys are more likely to fall ill means taking six basic — yet often ignored — steps to build some redundancy and internal communication into legal practice, say attorneys at Axinn.

  • Virtual Meetings Could Be Fertile Ground For Legal Discovery

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    Many remote meeting technologies include recording features as default settings, raising three primary concerns from a legal discovery and data retention perspective, and possibly bringing unintended consequences for companies in future litigation, says Courtney Murphy at Clark Hill.

  • The Role Of Remote Mediation After The Crisis Is Over

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    When the dark cloud of COVID-19 has passed and resolution centers are once again peopled with warring parties and aspiring peacemakers, remote mediations will likely still be common, but they are not going to be a panacea for all that ails the dispute resolution industry, says Mitch Orpett at Tribler Orpett.

  • 7 Steps To Romancing The Virtual Classroom

    Excerpt from Lexis Practice Advisor
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    For professors, trainers, lawyers, students and businesses grappling with the unexpected challenges of distance learning, trial attorney and teacher James Wagstaffe offers best practices for real-time online instruction.

  • Key Return-To-Work Considerations For Law Firms

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    There may be precious little notice before the legal community ramps up, so it's important to have return-to-work plans that address the unique challenges law firms will face in bringing employees back to offices, say attorneys Daniel Gerber, Barbara O'Connell and Richard Tucker.

  • A Creative Solution For Teaching Local Practice In Law School

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    To help prepare my students to navigate local practice, I wrote a set of rules for the classroom that mimics those they might encounter from a local judge or court, says Michael Zuckerman at Northwestern Pritzker School of Law.

  • Making Law Firm Panels Work For The Cost-Conscious GC

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    General counsel may be tempted to resort to matter-level requests for proposals in the wake of the COVID-19 economic crisis, but alternatively, a singular, global RFP process — to select a panel of law firms for all legal needs — can reduce legal spend while fostering long-term relationships, say Vivek Hatti, formerly at Avis Budget Group, and Jaron Luttich at Element Standard.

  • Pandemic Presents Teamwork Test For Law Firms

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    To ensure smooth operations during these uncertain times, all members of the law firm team — leaders and partners, diversity and talent professionals, associates and other staff members — need to commit to their unique roles and intensify support for colleagues, says Manar Morales, president and CEO at the Diversity & Flexibility Alliance.

  • 8 Tips For Retaining An Expert During COVID-19 And Beyond

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    Caroline Crump at Exponent and Natalie Baker Reis at Medical Research Consultants outline some strategies for creating a successful attorney-expert team, including unique considerations for pandemic-related closures and economic uncertainties.

  • What It's Like To Move From Army JAG To BigLaw

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    Lawyers who have served in the U.S. Army's Judge Advocate General's Corps can provide tremendous value to law firms, but the transition to firm life has its challenges, says former JAG attorney Vinnie Lichvar, now at Snell & Wilmer.

  • How Law Firms Can Maximize COVID-19 Insurance Coverage

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    Law firms struggling due to the pandemic should identify relevant insurance policies and provisions, be mindful of notice requirements that could interfere with coverage, and push back against policy exclusions, say Robin Cohen and James Smith at McKool Smith.

  • Justices' Maui Test Bodes Well For Trump's Water Rule

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    The test for Clean Water Act discharge permitting established by the U.S. Supreme Court's recent County of Maui v. Hawaii Wildlife Fund decision is consistent with the court's 2006 Rapanos ruling — which could help the Trump administration beat back challenges to its new Navigable Waters Protection Rule, say Andrew Bell and Zachary Kearns at The Law Office of Andrew C. Bell.

  • Virtual Caucuses Can Improve The Mediation Process

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    Both during the current crisis and in the future, integrating virtual, private caucuses between the mediator and each party into the mediation timetable would create an overall superior process, says mediator Marc Isserles at JAMS.

  • What All Attorneys Can Learn From Female Rainmakers

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    Soon lawyers may find an unrecognizable competitive landscape in which most firms will be vulnerable — if they don't rapidly start upgrading their client development tactics to ones like those used by female rainmakers, says marketing consultant Craig Levinson, who recently interviewed Jennifer Trock, Desiree Moore and Debra Fischer about their secrets to success.

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