Native American

  • June 29, 2022

    High Court Says States Can Handle Some Reservation Crimes

    A divided U.S. Supreme Court ruled Wednesday that Oklahoma and other states aren't barred by federal law from prosecuting non-Indians for crimes against Indians on reservations, handing Oklahoma a win in its bid to exert more authority on tribal land following the high court's landmark 2020 McGirt decision.

  • June 28, 2022

    Texas AG Investigates Walmart's Opioid Sales Practices

    Texas Attorney General Ken Paxton on Tuesday said his office is investigating Walmart for potential violations of the state's Deceptive Trade Practices Act in the retail giant's sales of prescription opioids.

  • June 28, 2022

    High Court's CSA Decree Augurs Opioid Upheaval For DOJ

    The U.S. Supreme Court's demand for a rock-solid showing of intentional impropriety when federal opioid prosecutors target pills-for-profits schemes under the Controlled Substances Act will send the U.S. Department of Justice scrambling to salvage its less sensational suits, attorneys say.

  • June 28, 2022

    Feds Back Shoshone Tribe's Hunting Rights At 9th Circ.

    The U.S. Department of the Interior on Tuesday added its voice to the Northwestern Band of the Shoshone Nation's request that the Ninth Circuit overturn an Idaho federal judge's ruling that the tribe doesn't have treaty rights to hunt and fish in its aboriginal lands.

  • June 28, 2022

    Enviros Urge Full Speed Ahead For Minn. Mine Challenge

    Five conservation groups, including the Center for Biological Diversity, told a Minnesota federal court Monday to proceed with their bid to block the state's first open-pit copper mine, claiming the project's federal approval "would forever escape judicial review" if their suit is tossed.

  • June 28, 2022

    Tribal Lending Biz's RICO Claims Are Overblown, Fintech Says

    A Lac Courte Oreilles Band of Lake Superior Chippewa Indians company is trying to turn a dispute with a fintech partner into a RICO claim when it's really just a "garden variety" contract dispute, the fintech told a Wisconsin federal court Tuesday.

  • June 28, 2022

    DC Judge Lets Utah Into Energy Lease Challenge

    A federal judge has authorized Utah to intervene in a conservation group's bid to overturn 32 oil and gas leases approved by the U.S. Department of the Interior, after state officials said the suit aims to stop government-sanctioned drilling "or, at the very least, drastically curtail its leasing program."

  • June 27, 2022

    As Opioid Trial Ends, Judge Jokes Of 'Generous' Time Limits

    A San Francisco federal judge who put strict time limits on a bellwether bench trial in multidistrict opioid litigation noted Monday that both sides wrapped up their cases within their allotted 45 hours, prompting him to wonder to courtroom chuckles if he "was just too generous."

  • June 27, 2022

    Opioid Distributors Cut $250M Deal With Holdout Okla. AG

    McKesson, Cardinal and AmerisourceBergen have agreed to pay $250 million to resolve Oklahoma Attorney General John O'Connor's claims the opioid distributors fueled the Sooner State's opioid crisis — months after O'Connor rejected a nationwide deal that he claimed would have short-changed Oklahomans, according to a statement Monday from O'Connor.

  • June 27, 2022

    Leech Lake Official Seeks Election Redo In Suit Against DOI

    The secretary-treasurer of the Leech Lake Band of Ojibwe of the Minnesota Chippewa Tribe urged a federal judge on Monday to undo a recent tribal election, saying the U.S. Department of the Interior and tribal officials wrongly blocked him from running to retain his office.

  • June 27, 2022

    Biden Admin. Beats Suit Over Paused Owl Habitat Rollback

    A D.C. federal judge has tossed a lawsuit aimed at forcing the Biden administration to implement a Trump-era rule removing a large part of forestland in the Pacific Northwest from areas deemed critical to protecting the northern spotted owl.

  • June 27, 2022

    Justices Won't Hear Petition Over Alaska Native Land Dispute

    The U.S. Supreme Court declined Monday to take up a case in which an Alaska Native father and son claim the federal government, with the consent of a local tribal corporation, lopped off three acres of their land as they sought to obtain formal title under a landmark 1971 law.

  • June 27, 2022

    Federal Agencies Ink Deal To Tout Broadband Funding

    The Federal Communications Commission has reached a deal with a federal grantmaking agency to trumpet the availability of funds to develop broadband in areas that need better coverage around the U.S.

  • June 27, 2022

    Prescriber Intent Matters In Opioid Cases, High Court Rules

    Prosecutions under the Controlled Substances Act for the excessive prescribing of opioids and other addictive drugs must show that doctors knew they lacked a legitimate medical purpose, the U.S. Supreme Court ruled Monday in a defeat for the U.S. Department of Justice.

  • June 24, 2022

    Architect Says Gov't Can't Back Up Casino Bribery Conviction

    An architect convicted of giving bribes to the leader of the Mashpee Wampanoag Tribe has pressed a Massachusetts federal court to overturn his conviction, saying the federal government wants the court to back a jury's guilty verdict "almost solely on the basis of acquitted conduct."

  • June 24, 2022

    Mining Project On Sacred Apache Land Lawful, 9th Circ. Says

    Plans to tap nearly 2 trillion tons of copper ore on federal land in Arizona may proceed, after the Ninth Circuit ruled Friday that the mining project does not violate a local Apache group's religious liberty despite preventing its members from accessing a sacred site in the area.

  • June 24, 2022

    Feds, Tribal Commission Catch Win In Alaska Fishing Dispute

    A federal judge in Alaska has blocked a state order opening a stretch of the Kuskokwim River to gill net fishing, saying the federal government and an intertribal fishing group are likely to win on their claims that the order conflicts with the hunting and fishing priority given to rural subsistence dwellers on federal lands and waters in Alaska.

  • June 24, 2022

    Juul Wants Okla. Tribe's Nuisance, Product Safety Claims Cut

    Juul Labs Inc. has asked a federal court to trim an Oklahoma tribe's bellwether suit against the electronic-cigarette manufacturer, arguing that its public nuisance and consumer protection claims are not viable under recent interpretations of Sooner State law.

  • June 24, 2022

    9th Circ. Stays Wash. Water Quality Order Against EPA

    The Ninth Circuit on Thursday paused a deadline for the U.S. Environmental Protection Agency to revise water pollutant standards as the agency works on a possible settlement over standards necessary to protect wild salmon and orca in Washington waterways.

  • June 24, 2022

    Supreme Court Overturns Roe v. Wade

    The U.S. Supreme Court on Friday upheld a Mississippi abortion ban and overturned the constitutional abortion right established nearly 50 years ago in Roe v. Wade, setting the stage for a widespread rollback of abortion rights in many statehouses around the country.

  • June 23, 2022

    NCAI Backs Pick To Lead Administration For Native Americans

    The nation's largest Native organization has lauded the recent nomination of Patrice H. Kunesh to serve as a top tribal liaison at the U.S. Department of Health and Human Services, calling her a "nationally recognized attorney, thought leader, and policy advocate."

  • June 23, 2022

    Tribal Co. Says It Was Used As 'Front' For Loan Operations

    A Lac Courte Oreilles Band of Lake Superior Chippewa Indians company has hit its partners in a consumer loan enterprise with a $250 million suit in Wisconsin federal court, claiming the partners took financial advantage of the tribe and have thwarted its efforts to assert more control over the business.

  • June 23, 2022

    Enviros, Tribe To Sue Army Corps Over Fish-Farm Approval

    A Native American tribe in Washington is among several groups that claim federal approval last year for offshore fish farms violates the Endangered Species Act, since the government did not consult wildlife agencies on the controversial facilities' impact on at-risk species and their habitats.

  • June 23, 2022

    Ga. Mine Sues Army Corps For Yanking Water Findings

    A mineral company claims the Biden administration pulled the rug out from under it by rescinding key Clean Water Act determinations for a Georgia surface mine, which could cause years of delays and heavy financial costs.

  • June 23, 2022

    Biden Admin. Restores Flexibility To ESA Habitat Definition

    The Biden administration on Thursday rescinded a Trump-era Endangered Species Act rule that it says made it too difficult to designate habitats for imperiled plants and animals.

Expert Analysis

  • Opinion

    Now's The Time To Address Archaic Law School Curricula

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    With law school enrollments jumping significantly ahead of a potential recession and more students graduating than the market can absorb, law schools should turn to creative solutions to teach students how to negotiate, work with clients, specialize and use technology to practice their craft more efficiently, says University of Colorado adjunct professor Jason Mendelson.

  • High Court's Tribal Ruling May Enable More Gambling In Texas

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    The U.S. Supreme Court's recent ruling in Texas v. Ysleta, finding that Texas cannot regulate a tribe's electronic bingo, paves the way for Native American tribes in Texas to upscale their gaming operations, say attorneys at McGuireWoods.

  • Lessons From Lawyer Fee-Sharing Agreements Gone Wrong

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    The recent fee-sharing dispute between Edelson and Girardi Keese is a reminder that lawyers who do not strictly follow the applicable rules may risk a disciplinary complaint, lose their share of the fee, or wind up in costly litigation with co-counsel, says David Grossbaum at Hinshaw.

  • LeClairRyan Bankruptcy Highlights Pass-Through Tax Issue

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    A Virginia bankruptcy court's recent ruling in the case of defunct law firm LeClairRyan shows there may be serious tax consequences for pass-through entity partners who give up their ownership interest without following operating agreement exit provisions and updating bankruptcy court filings, say Edward Schnitzer and Hannah Travaglini at Montgomery McCracken.

  • 8 Steps To Creating A Legal Ops Technology Road Map

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    Legal departments struggling to find and implement the right technologies for their operations should consider creating a road map that summarizes their approach to technology changes, provides clearly defined metrics for success, and serves as the single source of truth for stakeholders, says Melanie Shafer at SimpleLegal.

  • The Importance Of Data And Data Analysis In Litigation

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    Understanding, analyzing and effectively presenting large data sets is an increasingly important skill in litigation as it allows plaintiffs to dramatically scale up the scope of cases and is often critical to defeating motions to dismiss and motions for summary judgment, says David Burnett at Motley Rice.

  • How Cos. Can Track Infrastructure Act Projects — And Funds

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    As federal funds from the Infrastructure Investment and Jobs Act begin to flow to thousands of infrastructure projects across the nation, savvy contractors can determine which types of funded projects are likely to offer the best opportunities, and then follow the flow of federal money into those projects, says Nena Lenz at Fredrikson & Byron.

  • Takeaways From 1st Circ.'s Tribal Sovereign Immunity Ruling

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    The First Circuit's recent decision in Coughlin v. Lac du Flambeau, finding that the U.S. Bankruptcy Code unequivocally strips tribes of their sovereign immunity, disregards extensive case law to the contrary and may make it easier for litigants to pursue claims against tribes under laws with similar immunity waivers, say attorneys at Brownstein Hyatt.

  • Steps Companies Can Take To Mitigate Privilege Labeling Risk

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    Although Google prevailed on a recent privilege labeling sanctions motion, an important takeaway from the decision is that companies should assess their in-house procedures and employee training programs regarding privileged communications to mitigate risks of the potential appearance of bad faith privilege claims, say Gareth Evans at Redgrave and e-discovery attorney James Hertsch.

  • What Litigation Funding Disclosure In Delaware May Look Like

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    A standing order issued by Delaware's chief federal judge requiring litigants to disclose whether their cases or defenses are being financed by third parties is unlikely to have onerous effects but may raise questions regarding potential conflicts of interest and access to justice, say Cayse Llorens and Matthew Oxman at LexShares.

  • How In-House Legal Leaders Can Drive Corporate Growth

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    Today, more executives are seeking legal leaders who are strategic, adaptable thinkers, making it essential that in-house counsel get out of their comfort zone of legal advice and take several steps to contribute toward revenue growth and raise their profile, says Tim Parilla at LinkSquares.

  • Attorneys Should Tread Carefully On Job Counteroffers

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    Promises of more compensation to keep attorneys from leaving their jobs have become commonplace in today's hot job market, but lawyers should weigh their options carefully as accepting a counteroffer can negatively affect their reputation, says Leeron Molloy at VOYlegal.

  • Series

    The Future Of Legal Ops: Time To Get Serious About Data

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    Most corporate legal departments collect surface-level data around their operations, such as costs and time to resolution, but legal leaders should explore more in-depth data gathering to assess how effective an attorney was, how efficiently legal work was performed, and more, says Andy Krebs at Intel.

  • Perspectives

    DOJ's Cautious Return To Supplemental Enviro Projects

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    While the U.S. Department of Justice has ended the Trump-era ban on negotiating supplemental environment projects as part of civil and criminal environmental settlements, the process and delay around this change suggest that SEPs may be more limited under the Biden administration than in the past, say attorneys at Sidley.

  • Opinion

    ABA Isn't Giving Up On Diversity Efforts By Ending CLE Rule

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    While some view the American Bar Association’s elimination of continuing legal education diversity requirements as capitulating to a Florida Supreme Court decision against the mandate, it was a strategic decision to serve Florida members while improving diversity, equity and inclusion efforts in other ways, says Tiffani Lee at Holland & Knight.

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