The U.S. Supreme Court handed major wins to tribes this year in cases centering on treaty rights and tribal sovereign immunity to lawsuits, but tribes have also found themselves on the wrong end of rulings that undercut tribal immunity in patent reviews and affirmed National Labor Relations Board jurisdiction over tribal casinos. Here, Law360 looks back at some of the headline-grabbing decisions in Native American law from the first half of 2018.
In a loss for environmental groups, the Fourth Circuit held Wednesday that the U.S. Environmental Protection Agency does not yet need to get involved in West Virginia’s obligation to set certain pollution limits for hundreds of bodies of water in the state.
A Florida federal judge refused to vacate a more than $22 million arbitral award against a Panama Canal contractor after ruling that the bid by the designer and builder of a set of locks on the waterway to toss the award came too late.
The first half of 2018 saw courts take a broad view of energy companies' potential liability, whether the matter hinged on climate change, groundwater pollution or even a business partner's bankruptcy. Here are five court decisions that raised energy attorneys' eyebrows.
The Dow Chemical Co. managing counsel selected by President Donald Trump to lead the U.S. Environmental Protection Agency’s emergency management office on Wednesday told senators he will recuse himself from issues surrounding nearly 200 Superfund sites his employer is involved in.
The lawyers tending to the Chapter 11 estate of Westinghouse Electric filed court papers on Tuesday asking a New York bankruptcy judge to reject $262 million in creditor claims by Fluor Enterprises Inc., saying the nuclear project contractor is seeking unearned work fees stemming from canceled agreements.
Exploratory plans for the L.A. Clippers to build an arena in the California city of Inglewood drew a lawsuit Tuesday from a citizen group that says it's illegal for the city to provide the team with a home while denying its own citizens access to that land amid a housing-affordability crisis.
Ambac Assurance Corp. on Monday launched its opening arguments in an appeal over the diversion of highway bond revenues in Puerto Rico stemming from a ruling in the territory's bankruptcy-type cases, saying the underlying acts by the island's government violated the Constitution.
The federal bankruptcy watchdog on Tuesday blasted construction heavyweight Navillus Tile Inc.’s plan to auction off its equity with a $500,000 opening bid, saying the proposed bidding procedures give too much protection to the stalking horse bidder — who is also Navillus’ CEO.
The Native Village of Chignik Lagoon hit Orion Marine Contractors Inc. and Liberty Mutual with a lawsuit in Alaska federal court Monday over the contractor's allegedly late and deficient construction work on a hydroelectric project.
The Trump administration said Tuesday it was considering major changes in how the nation’s cornerstone environmental law is implemented with an eye toward streamlining permitting processes, prompting howls of criticism from green groups.
The D.C. Circuit on Tuesday held that the U.S. Department of the Interior does not have a legal obligation to reexamine the environmental impacts of its coal leasing program in order to account for climate change, in a blow for green groups that sought to force the agency’s hand.
A proposed class of investors in Anadarko Petroleum Corp. failed to demonstrate that the oil company violated federal securities law by not disclosing safety risks related to its gas wells, a Texas federal judge ruled Tuesday, though he left the investors with the option to amend their claims.
Preserving the viability of regional wholesale electricity markets will be a Federal Energy Regulatory Commission priority in the face of a Trump administration plan to prop up struggling coal and nuclear power plants, FERC Chairman Kevin McIntyre told Law360 in an exclusive interview.
In this monthly series, legal recruiters at Major Lindsey & Africa interview management from top law firms about navigating an increasingly competitive business environment. Here we feature Mia Stutzman, chief financial officer at Holland & Knight LLP.
Following an American Bar Association pledge, in-house attorneys are taking a harder line in demanding diversity from their outside counsel, and they're seeking to play a larger role in the workings of the law firms they hire.
We asked BigLaw for data on female minority lawyers for the first time this year, and the results show an industry that is failing to attract and retain them. Here’s a look at the challenges facing these attorneys — and how a few firms are defying the norm.
The legal industry is making sluggish gains when it comes to attracting and retaining attorneys of color, but this select group of firms is taking broader strides to diversify at the top.
The Sierra Club and the Ohio Environmental Council alleged on Monday that 100 mines in Ohio are operating in violation of the Surface Mining Control and Reclamation Act because of inadequate reclamation bonding and urged the federal Office of Surface Mining, Reclamation and Enforcement to do something about it.
The California Department of Conservation released new regulations Monday targeting older gas pipelines located near homes and schools, after a 2014 natural gas leak in the southern part of the state resulted in the evacuation of nearby families.
Law firms are increasingly accepting cryptocurrency as payment for services. While this might seem innovative and forward-thinking, ironically it is much more of a throwback, says John Reed Stark of John Reed Stark Consulting LLC.
Revenue from the federal gas tax — last increased in 1993 — continues to decline, leaving infrastructure critically underfunded. But pilot programs in multiple states have now proven that mileage-based road user fees can replenish the Highway Trust Fund and be implemented practically and fairly, say Joshua Andrews, Charles Stitt and Theodore Bristol of Faegre Baker Daniels Consulting.
The opportunity zone program is an exciting new tax incentive offering substantial benefits for its participants. However, many questions about the program remain outstanding, most of which need to be resolved in order for opportunity funds to succeed as expected, says Marc Schultz of Snell & Wilmer LLP.
Durable reform of existing regulations requires hard work. The U.S. Environmental Protection Agency's recently proposed revisions of a core Obama administration midnight rule — the Risk Management Plan program for certain chemical, refining and general manufacturing facilities — demonstrate how this work is done, say attorneys with Hunton Andrews Kurth LLP.
I agree with the legal pundits speculating that NewLaw’s present and future disruptors will radically change the legal services industry, but that change may not come quite as rapidly as predicted. Regardless, now is the time for both the incumbents and the challengers to best position themselves for the eventual shakeup, says Craig Levinson, founder of Levity Partners.
Legal pundits continue to make predictions that newer entrants into the industry — NewLaw firms, the Big Four and alternative legal service providers — will progressively seize greater amounts of market share from traditional law firms. But the BigLaw response has been underwhelming at best, and a glimpse at the market forces puts its lack of urgency into perspective, says Craig Levinson, founder of Levity Partners.
The first quarter of 2018 was above average in terms of Foreign Corrupt Practices Act investigations closed by U.S. regulators without enforcement. But the government may return to more assertive enforcement in the future — and companies and individuals may still face liability long after the "completion" of any misconduct, says Collmann Griffin of Miller & Chevalier Chtd.
Enforcement of the Foreign Corrupt Practices Act was relatively slow during the first quarter of 2018, with only three fairly low-value corporate enforcement actions announced between January and March of the year. But the announced second quarter settlements and likely future dispositions suggest that 2018 still may be an active year overall for FCPA enforcement, says Collmann Griffin of Miller & Chevalier Chtd.
Climate resiliency measures to abate future disasters in coastal cities like Boston need to be taken now to avoid disasters and save hundreds of billions of dollars in the future. But climate change needs a master plan; it cannot be left to thousands of cities to coordinate efforts — that is what our federal system is for, says Michael Parker of Rackemann Sawyer & Brewster.
Despite the partiality some courts have shown to live video testimony, it provides no advantages — and several disadvantages — over the tried-and-true method of videotaped depositions, say attorneys with Skadden Arps Slate Meagher & Flom LLP.