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.
The White House on Monday rescinded a January rule promulgated by the Trump administration that established procedures for guidance documents from the Council on Environmental Quality, saying the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.
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.
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.
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.
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.
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.
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.
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.
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.
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.
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.
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.
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."
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.
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.
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.
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.
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.
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.
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.
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.
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.
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.
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.
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.
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.
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.
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.
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.
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.
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.
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.
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.
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.
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.
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.
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.
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.
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.