Native American

  • April 12, 2021

    Wis. Can Tax Tribal Land After Sale To Non-Indians

    A Wisconsin federal judge has ruled that the state generally can't tax Indian-owned land on four Chippewa tribes' reservations, but also said that such land can be taxed once it's sold to non-Indians, even if tribe members eventually buy it back.

  • April 12, 2021

    White House Enviro Office Rescinds Trump-Era Guidance Rule

    The White House on Monday rescinded a January rule promulgated by the Trump administration that established procedures for guidance documents from the Council on Environmental Quality, saying the rule would interfere with its own priorities.

  • April 12, 2021

    Calif. Tribal Labor Deals Clash With NLRA, Tribe Tells 9th Circ.

    A California tribe urged the Ninth Circuit not to make it arbitrate a dispute with a union seeking to represent workers at its casino, saying state policy making tribes ease union organizing in order to operate casinos may be moot after the court said federal labor law applies to tribal employers.

  • April 12, 2021

    Utah Federal Judge's Shift Opens Red-State Seat For Biden

    After overseeing cases ranging from employment and Native American law to a major solar energy tax write-off scheme, Utah U.S. District Judge David O. Nuffer's transition to senior status next year will give President Joe Biden a rare and delicate red-state opening.

  • April 12, 2021

    Insurers Say Virus Exclusion Nixes Tribe's Coverage Bid

    A group of insurance companies urged a California federal judge on Friday to put an end to a proposed class action filed by the Menominee Indian Tribe of Wisconsin seeking COVID-19 business interruption coverage, arguing that their insurance policies clearly include virus exclusions that foreclose the tribe's bid for coverage.

  • April 12, 2021

    Mohawk Gaming Cites New Ruling In COVID Coverage Case

    Casino owner Mohawk Gaming Enterprises LLC has asked a New York federal judge overseeing its lawsuit for COVID-19 insurance coverage to take into account another district judge's recent ruling in a commercial landlord's suit seeking payment from its insurer for pandemic-related losses.

  • April 09, 2021

    Pa. Inks $3M Deal With Ex-Fintech CEO Over Payday Loans

    The former head of since-dissolved lender Think Finance has reached a $3 million deal with the state of Pennsylvania to end claims that he helped the company get around limits on interest rates in order to dole out illegal payday loans.

  • April 09, 2021

    Biden Funding Ask Boosts DOI Tribal Programs By $600M

    President Joe Biden's discretionary funding proposal would increase the U.S. Department of the Interior's spending on tribal programs by $600 million, part of plans to increase funding for tribal health, housing, environmental and education programs for fiscal year 2022.

  • April 09, 2021

    Biden Admin. Won't Halt Dakota Access Pipeline Operations

    Even after over two months in power, the Biden administration told a D.C. federal judge Friday that it hasn't decided whether to force the Dakota Access Pipeline to shut down pending a fresh review of its environmental impacts.

  • April 09, 2021

    2nd Circ. Won't Revisit $225M Award In Seneca Nation Dispute

    The Second Circuit on Friday refused to reconsider a panel ruling that upheld a $225 million award that an arbitration panel issued to the state of New York in a gambling compact dispute with the Seneca Nation of Indians. 

  • April 09, 2021

    Utah Greens Claim Fed. Oil Leases Endanger Indigenous Sites

    A Utah-based environmental group has sued the U.S. Department of the Interior in D.C. federal court over its decision to offer historic and sacred land for 32 oil and gas leases, claiming the government failed to consider archaeological harms that may result.

  • April 08, 2021

    Tribal Lending Deal With Larger $182M Payout Gets Initial OK

    A Virginia federal judge has given an early green light to a revised $182 million deal to settle illegal online lending claims against tribe-owned American Web Loan Inc. that increases cash payments to the proposed class by $21 million and cancels thousands of additional loans.

  • April 08, 2021

    Opioid Judge Withdraws After AbbVie Elevates His Atty Sister

    Despite drugmaker warnings of "harmful and unwarranted" disruption, an Illinois magistrate judge withdrew Thursday from Chicago's bellwether case against drugmakers in multidistrict opioid litigation after the city flagged his sister's new role overseeing thousands of opioid cases for AbbVie Inc.

  • April 08, 2021

    Purdue Wants Another Month's Reprieve From Opioid Suits

    Purdue Pharma has asked a New York bankruptcy judge for another month of relief from lawsuits over its opioid sales, saying negotiations on the final form of its Chapter 11 plan are at a "critical stage."

  • April 08, 2021

    FCC Puts 50 More 2.5 GHz Tribal Applications On The Pile

    The Federal Communications Commission has accepted more than 50 applications from tribes aiming to take advantage of the agency's rural tribal priority window for licenses within the 2.5 gigahertz band, which is normally reserved for educational and broadband purposes.

  • April 08, 2021

    Kan. Gov. OKs Missing and Murdered Indigenous Persons Bill

    Kansas Gov. Laura Kelly has signed into law a bill that authorizes the state's attorney general to coordinate law enforcement training to address the crisis of missing and murdered Indigenous persons, approving the measure after it passed unanimously in both legislative houses.

  • April 08, 2021

    Investors Call For Permanent Bristol Bay Protections

    Investment firms that include tribes, commercial fishermen and conservation groups have called on Congress and the Biden administration to permanently protect Alaska's Bristol Bay from development like Northern Dynasty Minerals Ltd.'s proposed open-pit mine.

  • April 07, 2021

    Opioid MDL Judge Picks New Bellwethers, Denies Retaliating

    The Ohio federal judge supervising multidistrict opioid litigation selected five additional cases Wednesday for bellwether trials against major pharmacy chains, while flatly rejecting assertions that he's punishing the companies for not settling.

  • April 07, 2021

    EPA Head Says Agency Will Focus On Environmental Justice

    U.S. Environmental Protection Agency Administrator Michael Regan on Wednesday directed the agency to better focus on environmental justice issues by strengthening enforcement against polluters, and doing a better job of engaging with and investing in pollution-burdened communities.

  • April 07, 2021

    Fractured 5th Circ. Keeps And Strikes Portions Of ICWA

    The full Fifth Circuit in an intricately divided opinion has upheld and overturned parts a Texas federal judge's decision that the Indian Child Welfare Act is unconstitutional, while also ruling that the federal government had the authority to enact the law to protect Native American families.

  • April 07, 2021

    Caesars Seeks Arbitration In Ex-Casino Exec's Virus Suit

    Caesars has asked a California federal judge to order the Rincon Band of Luiseño Indians' former casino manager to arbitrate a dispute over his alleged forced resignation when he complained about a COVID-19 reopening plan, saying he signed an arbitration agreement when hiring on at the company.

  • April 07, 2021

    DOJ Says Climate Youths Can't Relaunch Court Fight

    The U.S. Department of Justice on Tuesday told an Oregon federal judge that young climate activists suing the federal government over its energy policies have no right to restart litigation after the Ninth Circuit tossed their case.

  • April 06, 2021

    Okla. Tribes Say Reservation Rulings Back Gambling Suit

    The Cherokee, Chickasaw and Choctaw nations have told a D.C. federal judge that recent Oklahoma criminal court cases that recognized the tribes' reservations back their civil suit claiming the state's governor reached illegal gambling compacts with four other tribes.

  • April 06, 2021

    Gravel Income From Tribal Land Not Taxable, Justices Told

    A couple told the U.S. Supreme Court that it should review a Second Circuit finding that income from selling gravel mined on Seneca Nation land is taxable because a plain reading of two centuries-old treaties exempts those amounts from taxation.

  • April 06, 2021

    Energy Cos. Ask FERC To Halt New Mass. Gas Project Review

    Dozens of energy industry players urged the Federal Energy Regulatory Commission to abandon re-examination of an Enbridge Inc. unit's $1 billion pipeline project facility, arguing the agency can't disturb finalized orders and attempts to do so create substantial regulatory uncertainty.

Expert Analysis

  • What Associates Should Consider Before Switching Practices

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    The current high demand for midlevel associates provides them a rare opportunity to potentially explore new practice areas, but associates should first ask themselves six questions to begin figuring out why a change sounds appealing, says Stephanie Biderman at Major Lindsey.

  • 4 Effective Ways To Prioritize Client Advocacy

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    To truly support a client going through a complicated lawsuit or a painful experience, lawyers must think beyond interpreting legal guidelines and navigating court proceedings, says attorney Scott Corwin.

  • Remote Law Firm Culture Should Prioritize Associate Training

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    Due to the pandemic, the gap between law school and the first day on the job has never been wider, but law firms can leverage training to bridge that intimidating gap and convey the unique value of their culture in a virtual environment, say Melissa Schwind at Ward and Smith, and William Kenney and Jaron Luttich at Element Standard.

  • Key Considerations For Litigation Settlement Trustees

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    Robert Weiss and David Vanaskey at Wilmington Trust describe some of the core considerations for trustees that administer settlements resulting from mass tort and class action litigation, based on their experience working on the Volkswagen diesel emissions settlement.

  • Virtual Litigation May Unravel The Narcissistic Lawyer

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    The virtual courtroom limits a narcissistic lawyer's ability to intimidate witnesses and opposing counsel, boast to clients or engage in grandstanding — an unexpected benefit of the global pandemic as some aspects of remote litigation are likely here to stay, says Jennifer Gibbs at Zelle.

  • ABA Remote Work Guide Raises Bar For Atty Tech Know-How

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    A recent American Bar Association opinion on lawyers' ethical duties of competence and confidentiality when working remotely should be viewed as part of a larger movement by which attorneys are being exhorted to develop competence in 21st century technology, say Jennifer Goldsmith at Ironshore and Barry Temkin at Mound Cotton.

  • Lateral Hire Conflict Screening Lessons From DLA Piper Case

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    While a Texas federal court recently denied a motion to disqualify DLA Piper from representing Apple in a patent dispute after the law firm hired an attorney who formerly represented opponent Maxwell, the case is a reminder that robust conflict checks during lateral hiring can save firms the time and expense of defending disqualification motions, says Hope Comisky at Griesing Law.

  • 3 Cybersecurity Questions To Ask Before A Remote Mediation

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    Lawyers preparing to mediate or arbitrate a case through videoconference should take steps to ensure they and their alternative dispute resolution providers are employing reasonable security precautions to protect digital client data and conform to confidentiality obligations, say F. Keith Brown and Michael Koss at ADR Systems.

  • A Uniform Mediation Act Primer As States Continue Adoption

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    With Georgia expected to soon become the 13th jurisdiction to adopt the Uniform Mediation Act and with more states likely to follow suit amid widespread trial delays, practitioners should familiarize themselves with the act's conflict disclosure requirements and the boundaries of its confidentiality provisions, says Richard Mason at MasonADR.

  • Safeguarding Privileged Communications In A Remote World

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    With the pandemic ushering in remote collaboration tools, counsel must revisit fundamentals of the attorney-client privilege and the work-product doctrine, study cases involving email and other recent technologies, and follow 10 best practices to protect confidentiality, say attorneys at DLA Piper.

  • 4 Areas Of Cyberattack Vulnerability For Law Firms

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    Recent data breaches involving Goodwin and Jones Day show that cyberattacks are very real threats to the legal profession, especially in the era of remote work, so law firms should revisit common business practices that expose them to unnecessary risks, says Ara Aslanian at Inverselogic.

  • How To Help Your Witnesses Overcome Hindsight Bias

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    Witnesses facing tricky questions from opposing counsel often find themselves engaging in hindsight bias, when they use present knowledge to second-guess past actions, but these problematic thought processes can be overcome during deposition or trial preparation through tough questions and some catharsis, says Merrie Jo Pitera at Litigation Insights.

  • NJ 'Reply All' Ethics Opinion Brings New Pitfalls For Attorneys

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    While a recent New Jersey ethics opinion rightly concluded that an attorney cannot claim an ethics violation when opposing counsel replies all to a group email including clients, it runs counter to stances taken by other states and presents new dangers of confidentiality breaches and unfiltered messages to opposing parties, says Roger Plawker at Pashman Stein.

  • Series

    Judging A Book: Bibas Reviews Rakoff's 'Why The Innocent Plead Guilty'

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    In "Why the Innocent Plead Guilty and the Guilty Go Free,” U.S. District Judge Jed Rakoff catalogues the many ways our criminal justice system is broken, and in doing so, gives the public an intimate look into the thoughts, reasoning and personal experiences of a renowned federal judge, says Third Circuit Judge Stephanos Bibas.

  • For Law Firm Digital Marketing, Less Is Sometimes More

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    Attorneys and law firms often look to cast the widest net possible and maximize online impressions, when they should be focusing their digital marketing efforts on fewer, better-qualified prospects, says Guy Alvarez at Good2BSocial.

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