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Native American

  • September 21, 2018

    Adoptive Parents, Native Am. Kids Tell 9th Circ. Suit Still Valid

    Four children and their adoptive parents urged the full Ninth Circuit to rethink tossing their proposed class action alleging that portions of the Indian Child Welfare Act are discriminatory and unconstitutional, saying the court departed from precedent by deeming the matter moot because the kids had been successfully adopted.

  • September 21, 2018

    Alaska Gov. Rips Kavanaugh On Health, Labor, Native Issues

    Alaska Gov. Bill Walker and Lt. Gov. Byron Mallott said they oppose D.C. Circuit Judge Brett Kavanaugh’s nomination to the U.S. Supreme Court based on his legal stances on Native American tribes, health care and labor, and called for a “thorough review of past allegations” against him before a potential Senate vote on his confirmation.

  • September 21, 2018

    Allergan, Tribe Sue Pharma Co. Over Restasis Patent

    Allergan PLC and the Saint Regis Mohawk Tribe slapped generic drug manufacturer Amneal Pharmaceuticals with a patent infringement suit over the dry-eye drug Restasis in Delaware federal court on Thursday, even as the fate of related patents for the drug hangs in the balance at the Federal Circuit.

  • September 21, 2018

    Landowner Seeks 10th Circ. Redo Of Okla. Drill Permit Suit

    An Oklahoma landowner has asked the Tenth Circuit to rehear his suit claiming the U.S. Bureau of Indian Affairs let an energy exploration company drill on his land without an environmental review, saying a circuit panel erred in finding that the statute of limitations barred him from filing suit.

  • September 21, 2018

    Potential Investors Abandon Talks To Buy Navajo Coal Plant

    Two companies that had been in talks with the Navajo Nation and the Hopi Tribe about taking over the ownership and operation of the coal-fired Navajo Generating Station have abandoned that effort, leaving the tribes still in search of a buyer before the plant’s scheduled shutdown next year.

  • September 20, 2018

    New MDL Needed For 'Opioid Babies,' Attys Say

    Attorneys for “opioid babies” whose mothers used prescription narcotics argued on Thursday for new multidistrict litigation focused on the infants, citing “grave concerns” that an existing MDL over the opioid crisis is woefully deficient.

  • September 20, 2018

    Tribal Lender Wants Va. Loan Claims Sent To Arbitration

    A lending company owned by the Otoe-Missouria Tribe of Indians has urged the Fourth Circuit to send claims in a proposed class action by Virginia borrowers to arbitration, saying the arbitration provisions in the borrowers’ loan agreements are enforceable and don’t illegally seek to block the application of federal law.

  • September 20, 2018

    Calif. Tribe Launches Environmental Review For New Casino

    The U.S. Bureau of Indian Affairs and the Tule River Indian Tribe are moving forward with plans to begin a preliminary environmental review process for a proposed 40-acre casino and tribe housing project in California, according to a notice filed Thursday.

  • September 20, 2018

    Mont., Wyo. Defend DOI Order Lifting Coal Leasing Ban

    Wyoming and Montana teamed up Wednesday in Montana federal court to oppose suits challenging an order from the secretary of the U.S. Department of the Interior lifting a moratorium on federal coal leasing, arguing the secretary is validly exercising administrative discretion to implement President Donald Trump’s policy goals.

  • September 20, 2018

    Creek Reservation Survived Okla. Statehood, Justices Told

    A Muscogee (Creek) Nation citizen has urged the U.S. Supreme Court to uphold a Tenth Circuit decision nixing his murder conviction in state court on the grounds that the killing took place within the tribe’s reservation boundaries, saying the reservation wasn’t eliminated even when Oklahoma became a state.

  • September 19, 2018

    Trump Methane Rollbacks Hand Regulatory Reins To States

    The rollback of Obama-era restrictions on venting and flaring from gas wells on federal and tribal lands is the latest sign the Trump administration intends to hand off the job of regulating methane emissions to states, some of which are expected to be lax while others may craft more stringent methane rules, experts say.

  • September 19, 2018

    Alaska Natives Back Feds In Row Over Hovercraft Ban

    Alaska Native tribes and groups have urged the U.S. Supreme Court haveto uphold the National Park Service’s right to apply its hovercraft ban on an Alaska river, saying that taking away the federal government’s power to regulate certain waters in the state could destroy Alaska Natives' traditional subsistence fishing.

  • September 19, 2018

    No Need To Reconsider Immunity At PTAB, Fed. Circ. Hears

    Mylan Pharmaceuticals Inc. and other generic-drug companies challenging Allergan PLC patents for dry-eye medication Restasis urged the full Federal Circuit on Tuesday not to reconsider an earlier decision that tribal sovereign immunity doesn’t apply in reviews at the Patent Trial and Appeal Board.

  • September 19, 2018

    Alaska Tells DC Circ. Not To Halt 'Roadless Rule' Case

    Alaska asked the D.C. Circuit not to pause an appeal in the state’s long-running challenge to the 2001 “roadless rule” aimed at limiting road construction in national forests, arguing that a rulemaking effort by the U.S. Department of Agriculture can’t address all its concerns.

  • September 19, 2018

    Allergan Loses 'Meritless' Bid To Gut Restasis Antitrust MDL

    A New York federal judge has shot down Allergan Inc.’s “meritless” effort to eviscerate multidistrict litigation that alleges antitrust violations aimed at protecting dry-eye drug Restasis, saying it’s plausible that the company acted dishonestly to stymie generic competition.

  • September 19, 2018

    Maine High Court May Take On Indian Gambling Question

    The Maine Supreme Judicial Court put out a call for briefs addressing the question of whether a 1987 U.S. Supreme Court decision may allow a Maine tribe to carry out gambling without state approval, asking respondents if the question meets the "solemn occasion" standard laid out by the state's constitution.

  • September 19, 2018

    Calif., NM Sue Interior Over Reversal Of Methane Rule

    On the same day the U.S. Department of the Interior finalized a plan to reverse much of an Obama-era rule that sought to reduce methane release from oil and gas operations on federal and tribal lands, California and New Mexico challenged the rollback as harmful and unsupported by facts.

  • September 18, 2018

    Interior Finalizes Move On Pulling Back Methane Flaring Rule

    The U.S. Department of the Interior finalized Tuesday a plan to eliminate most of an Obama-era rule aimed at reducing the amount of methane that oil and gas companies release on federal and Native American lands, saying the regulations went far beyond the agency’s authority.

  • September 18, 2018

    Tribe Says Immunity Waiver Doesn't OK Attys' Fees

    The Coyote Valley band of Pomo Indians told a California appellate court on Tuesday that its prior ruling finding that the tribe waived its sovereign immunity in agreements with a construction contractor was wrongfully applied to an attorneys' fees bid, arguing that limiting the scope of immunity waivers was "a bedrock principle of Indian law."

  • September 18, 2018

    Tribal Co. Tells Justices Treaty Blocks Wash. Fuel Tax

    A Yakama Nation company urged the U.S. Supreme Court to uphold a ruling that it isn't subject to a Washington state fuel tax, saying that there is no way of looking at the tax on importing fuel that would allow the state to bypass the tribe's treaty rights.

Expert Analysis

  • Cloud Computing Clearly The Future For Small Firms

    Holly Urban

    While in-house technology investments on the scale and complexity needed to compete with large firms remain cost prohibitive for small and midsize law firms, cloud-based services offer significant cost savings and productivity gains with little to no capital investment, says Holly Urban of Effortless Legal LLC.

  • Leveraging Today's Lateral Associate Market

    Darin Morgan

    With the Milbank/Cravath pay scale once again equalizing compensation at many Am Law 100 firms, there is even more pressure for firms to differentiate themselves to top lateral associate candidates. This presents strategic considerations for both law firms and lateral candidates throughout the recruitment process, says Darin Morgan of Major Lindsey & Africa.

  • Q&A

    Back To School: Stanford's Jeff Fisher Talks Supreme Court

    Jeffrey Fisher

    In this series featuring law school luminaries, Stanford Law School professor Jeffrey Fisher discusses his motivation for teaching, arguing before the U.S. Supreme Court and what the court might look like if Judge Brett Kavanaugh is confirmed.

  • Calif.'s New Rules For Lawyers Move Closer To ABA Model

    Mark Loeterman

    The first comprehensive overhaul of California's Rules of Professional Conduct in nearly 30 years becomes operational on Nov. 1. Some of the new rules mirror the model language used by the American Bar Association, but many continue to reflect California’s unique approach to certain ethical questions, says Mark Loeterman of Signature Resolution LLC.

  • Know The Limits To Atty Public Statements During A Trial

    Matthew Giardina

    The balancing act between protecting attorneys’ speech rights and ensuring unbiased adjudications was highlighted recently in two cases — when Michael Cohen applied for a restraining order against Stephanie Clifford's attorney, and when Johnson & Johnson questioned whether a Missouri talc verdict was tainted by public statements from the plaintiffs' counsel, says Matthew Giardina of Manning Gross & Massenburg LLP.

  • In Calif., Questions Remain On Law Firm Conflict Waivers

    Richard Rosensweig

    In Sheppard Mullin v. J-M Manufacturing Co., the California Supreme Court ruled last month that a law firm's failure to disclose a known conflict with another current client did not categorically disentitle the firm from recovering fees. But the court didn’t provide hoped-for guidance on how to write an enforceable advance conflict waiver, says Richard Rosensweig of Goulston & Storrs PC.

  • Q&A

    A Chat With Faegre Client Development Chief Melanie Green

    Melanie Green

    In this monthly series, Amanda Brady of Major Lindsey & Africa interviews management from top law firms about the increasingly competitive business environment. Here we feature Melanie Green, chief client development officer at Faegre Baker Daniels LLP.

  • Warning Lights Are Flashing On Trump's Tribal Agenda

    Lawrence Roberts

    The Trump administration's annual budget proposals do not bode well for tribes, as they have sought to defund trust and treaty obligations by hundreds of millions of dollars. Indian Country hopes that U.S. Department of the Interior Assistant Secretary Tara Sweeney will take steps to correct the tribal agenda that she has inherited, says Larry Roberts of Kilpatrick Townsend & Stockton LLP.

  • Q&A

    Back To School: Widener's Rod Smolla Talks Free Speech

    Rodney Smolla

    In this new series featuring law school luminaries, Widener University Delaware Law School dean Rodney Smolla discusses teaching philosophies, his interest in First Amendment law, and arguing before the U.S. Supreme Court in Virginia v. Black.

  • New Pass-Through Deduction Will Pass Over Many Lawyers

    Evan Morgan

    A few weeks ago, the IRS proposed regulations related to the Tax Cuts and Jobs Act's 20 percent deduction on qualified business income for pass-through entities. The guidance offers long-awaited clarity, but is mostly bad news for many law firms, says Evan Morgan of Kaufman Rossin PA.