Native American

  • January 24, 2020

    Calif. Tribes Push For Sports Betting With Ballot Proposal

    A group of 18 federally recognized Native American gambling tribes has proposed a California ballot initiative that would allow sports betting at the state’s tribal casinos and horse racing tracks if voters approve the measure in November.

  • January 23, 2020

    Okla. Wants Halt To Tribes' Casino Games In Compact Row

    Oklahoma Gov. Kevin Stitt asked a federal judge Wednesday to block the Cherokee, Chickasaw and Choctaw tribes from continuing to operate slot machines and other games at their casinos, saying the games are illegal since the tribes' gaming compacts with the state expired at the start of the year.

  • January 23, 2020

    Tribal Co. Deserves Same Exemption As Tribe, 9th Circ. Told

    A tribal business entity should enjoy the same exemption from California excise tax that is afforded to tribes themselves, a Native American cigarette company has told the Ninth Circuit.

  • January 23, 2020

    States Tells Justices $7B Pipeline Can't Cross Trail

    A slew of states on Wednesday asked the U.S. Supreme Court to find that the $7 billion Atlantic Coast gas pipeline should not be given a right-of-way to cross the Appalachian Trail.

  • January 23, 2020

    Tribe Urges 9th Circ. To Revive Gambling Compact Suit

    A Native American tribe is asking the Ninth Circuit to reverse a lower court ruling that California acted in good faith during negotiations over a gambling compact, saying talks broke down because the state was unwilling to discuss compact changes.

  • January 23, 2020

    EPA Narrows Federal Oversight Of Water Pollution

    The Trump administration on Thursday officially narrowed the federal government's permitting authority under the Clean Water Act, in a final rewrite of a rule that replaces a controversial and broader Obama-era policy the president already rescinded.

  • January 22, 2020

    DOI Must Revisit Decision Over Chinook Tribe’s Trust Fund

    A Washington federal court handed the Chinook Indian Nation a partial win over its claim that the U.S. Department of the Interior stopped sending account statements for funds held in trust because it isn’t federally recognized.

  • January 22, 2020

    Mass. Tribe Urges 1st Circ. To Undo Casino Permit Ruling

    The Wampanoag Tribe of Gay Head (Aquinnah) urged the First Circuit on Tuesday to overturn a Massachusetts federal judge’s ruling that the tribe must obtain municipal permits to build its planned Martha’s Vineyard casino, saying the decision violates the federal Indian Gaming Regulatory Act.

  • January 22, 2020

    Keystone Pipeline Gets Crucial Federal Permit In Montana

    The U.S. Department of the Interior on Wednesday gave TC Energy's Keystone XL pipeline a boost by opening up a path for the controversial project across federal land in Montana.

  • January 22, 2020

    More Navajo Landowners Can't Join NM Anti-Fracking Suit

    Nearly 200 Navajo landowners can't join a group of tribe members backing the Bureau of Land Management in a challenge from environmental groups over oil and gas drilling permits in the Mancos Shale, a New Mexico federal court has ruled.

  • January 22, 2020

    Gaming Co. Wins $5.4M Claim Over Tribal Casino Project

    A California federal judge has ruled in favor of a company that claims tribe members lured it into investing $5.38 million in a sham casino project, a decision that frees the company to pursue racketeering claims.

  • January 21, 2020

    Chemical Co. To Take Tribal Waste Permit Case To High Court

    FMC Corp. urged the Ninth Circuit on Friday to put a hold on a ruling that the chemical maker must pay $1.5 million in yearly permit fees to store hazardous waste on the Shoshone-Bannock Tribes' reservation, saying the company might have trouble getting its money back if it ultimately wins its case.

  • January 21, 2020

    Army Corps Withdraws Contentious Water Supply Rule

    The U.S. Army Corps of Engineers will withdraw a proposed rule covering the use of water from its reservoir projects after states, tribes and lawmakers raised concerns that the rule would “federalize” the control of water in many rivers, it announced Tuesday.

  • January 21, 2020

    Wyo., Mont. Urge Justices To Nix Wash. Coal Export Denial

    Wyoming and Montana asked the U.S. Supreme Court to invalidate Washington state's denial of a water quality certificate for a proposed coal export facility, arguing Tuesday that the Evergreen State's action unconstitutionally slammed the door to global markets for coal-producing states.

  • January 21, 2020

    2 Insys Execs Get Less Than 3 Years In Opioid Kickback Case

    One former Insys Therapeutics Inc. executive was sentenced to nearly three years in prison and a second got six months less on Tuesday for their roles in a racketeering conspiracy to bribe doctors to prescribe the company’s powerful opioid spray and lie to insurance companies so they would pay for the expensive drug.

  • January 21, 2020

    Supreme Court Won't Speed Up ACA Petitions

    The U.S. Supreme Court on Tuesday rejected Democrats' push to fast-track consideration of whether a congressional change to the Affordable Care Act’s individual mandate rendered the landmark law unconstitutional, likely pushing any potential ruling past the 2020 election.

  • January 17, 2020

    Kids' Climate Suit Misses The Mark But Fallout Will Be Limited

    The sheer ambition of the youths asking the Ninth Circuit for a green light to pursue a total overhaul of the U.S. government's approach to fossil fuel use may be the saving grace for other climate change plaintiffs with more modest goals, who were nervously awaiting the appeals court's Friday ruling.

  • January 17, 2020

    Tribe Immune To Workers’ Comp Claim, NM High Court Finds

    New Mexico’s high court has favored a tribal casino in a workers’ compensation suit brought by a former employee, saying the tribe didn't waive its sovereign immunity in its gaming compact with the state and the ex-employee can't pursue her injury claim off of tribal lands.

  • January 17, 2020

    6th Circ. Is Told Opioid MDL Judge Flouting Court Rules

    Pharmacies launched another attack on the judge overseeing opioid multidistrict litigation, telling the Sixth Circuit on Friday that he has "repeatedly disregarded" federal court rules and should be ordered to follow them.

  • January 17, 2020

    Tribes Can't Fight $3M Ruling In Tribal Court, Builder Says

    The Shoshone-Bannock Tribes are wrongly trying to keep a construction contract dispute in tribal court after an arbitration panel awarded the construction company close to $3 million, the builder told an Idaho federal court.

  • January 17, 2020

    No Standing For Kids In Climate Case, 9th Circ. Says

    The Ninth Circuit said Friday that although a group of children would have a strong enough case to go to trial on claims their future is endangered by the federal government's failure to act to curb climate change, courts simply don’t have the power to fix those policies.

  • January 16, 2020

    Dem Prez Candidates Tackle Native American Issues In Vegas

    Democratic presidential candidates made their pitch to Native American tribal leaders gathered in Las Vegas on Wednesday on how they’ll protect tribal sovereignty, tackle the opioid crisis in Native communities, spur tribal economic development and shape the courts to better handle tribal issues if elected.

  • January 16, 2020

    Tribe Loses Bid To Declare Rights Over 112 Acres In El Paso

    A Texas federal judge has dismissed a suit by a federally recognized Native American tribe against El Paso that sought a declaration that the tribe owns nearly 112 acres the city uses for parkland and public entities. 

  • January 16, 2020

    Justices Told $7B Pipeline Can't Cross Appalachian Trail

    Conservation groups told the U.S. Supreme Court on Wednesday that the Appalachian National Scenic Trail is clearly part of the National Park System, which means the U.S. Forest Service didn't have the authority to grant developers of the $7 billion Atlantic Coast gas pipeline a right-of-way across the trail.

  • January 16, 2020

    K&L Gates Snags Experienced Enviro Atty In Seattle

    K&L Gates LLP has hired a former Plauché & Carr LLP attorney with environmental, land use and regulatory experience as a partner in Seattle.

Expert Analysis

  • ABA Rules For Departing Attys Set Unprecedented Limits

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    Groundbreaking rules from the American Bar Association impose new standards on how law firms can govern departing lawyers’ contact with clients, placing major restrictions on this ubiquitous practice, say Amy Richardson and Hilary Gerzhoy at Harris Wiltshire.

  • Nissan Ex-CEO Illustrates Do's And Don'ts Of Image Repair

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    Lawyers can draw a number of useful lessons about reputation management from the efforts of former Nissan executive Carlos Ghosn — who recently escaped house arrest in Tokyo — to restore his sullied reputation, says Elizabeth Ortega at ECO Strategic Communications.

  • 3 Concerns If Your Witness Becomes Flippant At Deposition

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    In light of a recent Delaware Supreme Court case in which a litigator was rebuked for failing to control his evasive witness during a deposition, attorneys should consider when they may be held responsible for client misconduct and what to do if a client crosses the line, says Philip Sechler of Robbins Russell.

  • How Associate Life Has Evolved Over The Past Decade

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    During the last 10 years, the need to embrace change was fundamental for law firms, and that change affected associates in many ways — most, but not all, for the better, says Brad Kaufman, co-president of Greenberg Traurig.

  • A Wide Range Of Legal Priorities For Tribes In 2020

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    This year, Indian Country faces a number of critical policy and legal issues that must be addressed to protect tribal sovereignty, with key developments to watch for in all three branches of government, say attorneys at Akin Gump.

  • White House NEPA Overhaul Likely To Face Legal Challenges

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    The White House Council on Environmental Quality's recently proposed revisions to regulations implementing the National Environmental Policy Act are virtually certain to be challenged in the courts — especially a proposal to eliminate evaluations of projects' cumulative environmental impacts, say attorneys with Perkins Coie.

  • Series

    Judging A Book: Dyk Reviews 'Democracy And Equality'

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    In their new book "Democracy and Equality: The Enduring Constitutional Vision of the Warren Court," Geoffrey Stone and David Strauss provide valuable context for U.S. Supreme Court decisions under Chief Justice Earl Warren that have profoundly affected the country, but their overly protective attitude sometimes obscures reality, says Federal Circuit Judge Timothy Dyk.

  • 7 Insider Tips For Working With In-House Counsel

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    For outside firms wondering how to best support busy in-house lawyers, several practices can help navigate critical legal issues and novel business challenges while strengthening the working relationship, says Virginia Hudson, associate general counsel at Capital One.

  • 50 Years Later, Interpretive Challenges Remain For RICO

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    In the 50 years since the Racketeer Influenced and Corrupt Organizations Act was passed, courts' attempts to clarify the statute have had some success, but many interpretive dilemmas remain unresolved, says Randy Gordon of Barnes & Thornburg.

  • 7 Ethics Tips For Lawyers' Pretrial Social Media Use

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    As ethical constraints on pretrial social media use evolve, the American Bar Association's Model Rules and several court opinions provide guidance on avoiding violations when collecting evidence, researching jurors and friending judges, say Hilary Gerzhoy and Mark Davis at Harris Wiltshire.

  • Opinion

    States Should Not Follow ABA On Attorney Conduct Rules

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    Because the American Bar Association's new rule on diversity continues to use the Model Rules of Professional Conduct as a cultural bludgeon, states should create independent codes limited to constitutionally valid purposes of attorney regulation, says Bradley Abramson of Alliance Defending Freedom.

  • How Courts And Litigants Can Benefit From Special Masters

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    As we approach the first anniversary of the American Bar Association's adoption of guidelines for the appointment and use of special masters in civil litigation, retired U.S. District Judge Shira Scheindlin, now at Stroock, explains how special masters can help parties and courts with faster decision-making and subject matter expertise.

  • Uber Policy Calls For Refresher On ABA Confidentiality Rules

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    Uber's recent policy update allowing drivers to audio-record passenger rides is a reminder for lawyers to observe the highest standard of care in protecting client information under the American Bar Association's confidentiality model rule, says Paul Boehm at Williams & Connolly.

  • 2020 Will Be Bullish For Tribal Clean Energy Development

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    Technological advancements, increasing federal support and favorable market trends should all help to create substantial opportunities for tribal clean energy development efforts in 2020, says Pilar Thomas of Lewis Roca.

  • 4 Simple Rules For Witness Note Taking

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    Witness notes that form the center of a plaintiff’s case have largely been replaced by digital systems, but they remain on defense counsel’s radar, and with proper safeguards can be a witness's best friend, says Matthew Keenan at Shook Hardy.