Native American

  • June 11, 2021

    Disputed Land Is Part Of Yakama Reservation, 9th Circ. Says

    The Ninth Circuit on Friday upheld a Washington federal judge's ruling that a disputed area lies within the Confederated Tribes and Bands of the Yakama Nation's land, saying that the court must interpret an 1855 treaty defining the tribe's reservation as the Yakamas understood it at the time.

  • June 11, 2021

    Tenn. Appeals Court Won't Halt Endo's $2.4B Opioid Trial

    A Tennessee appellate court on Friday refused to stay lower court proceedings, including a trial set for July 26, that will determine whether Endo Pharmaceuticals should pay $2.4 billion in damages after being found liable by default in an opioid case.

  • June 11, 2021

    New CFPB Agenda Ices More Trump-Era Regulatory Projects

    The Consumer Financial Protection Bureau is backing off Trump-era plans to potentially design new disclosures for payday loan borrowers and won't be using its rulemaking authority to set more boundaries on what it considers abusive conduct, at least for now.

  • June 11, 2021

    EPA Signals Overhaul Of Chemical And Pesticide Regulations

    The U.S. Environmental Protection Agency on Friday laid out an ambitious regulatory agenda that includes the rollback of some key Trump-era rules on chemicals and pesticides, and is planning new rules that align with the Biden administration's priorities.

  • June 11, 2021

    Biden Admin. Puts Tighter Oil And Gas Regs On The Table

    Stricter oil and gas regulations are in the cards under energy regulatory agendas released by federal agencies Friday, including a renewed push to limit methane emissions that could produce proposed rules as early as this fall.

  • June 11, 2021

    Metlakatla Tribe Asks 9th Circ. To Revive Fishing Rights Suit

    The Metlakatla Indian Community has asked the Ninth Circuit to overturn an Alaska federal court decision that said the tribe's previous fishing activities in disputed waters stemmed from lack of government oversight, not permission.

  • June 11, 2021

    Cannabis Bill Roundup: Conn. Pot Bill Gets Special Session

    Connecticut lawmakers will hold a special session on June 16 to debate a marijuana legalization bill and Louisiana legislators sent a bill expanding the state's medical marijuana program to the governor's desk. Here are some of the major moves in cannabis reform from the past week.

  • June 11, 2021

    Uranium Mine Developer Tells DC Circ. To Nix Tribe's Appeal

    A uranium mine developer urged the D.C. Circuit to shut down the Oglala Sioux Tribe's fight to get its project's license revoked, arguing that the tribe had ample opportunity to weigh in on cultural resource considerations during the review process but chose not to meaningfully participate.

  • June 10, 2021

    Calif. Counties Battle Drugmakers' Bid To Nuke Opioid Trial

    Pharmaceutical companies are rehashing failed legal arguments and cherry-picking statistics in hopes of escaping a multibillion-dollar opioid crisis trial, California communities said Thursday, telling a state court judge there's "overwhelming evidence" of a drug abuse epidemic fueled by shady marketing practices.

  • June 10, 2021

    Kan. Tribe Says Treasury Must Set Aside More Pandemic Aid

    The Prairie Band Potawatomi Nation has pressed a D.C. federal judge to set aside $4 million more in COVID-19 relief for the tribe, saying that figure is soundly based on the tribe's population and that the Treasury Department's stance against the request would undermine earlier court rulings.

  • June 10, 2021

    Union Tells 9th Circ. Sycuan Band Must Arbitrate Casino Suit

    Unite Here Local 30, a San Diego County hospitality workers union, told the Ninth Circuit that the Sycuan Band of the Kumeyaay Nation created arbitration sovereign immunity arguments "out of thin air," urging the court to send their contract dispute to arbitration.

  • June 10, 2021

    Rural ISP Accuses Tribal Rival Of Frequency Extortion

    A small internet and wireless service provider has accused the Round Valley Indian Tribes and its preferred ISP, All Tribal Networks, of leveraging an improperly issued Federal Communications Commission radio license to interfere with the rural ISP's wireless transmissions and poach its customers.

  • June 10, 2021

    Biden Admin. Moves To Revoke Trump Royalty Valuation Rule

    The U.S. Department of the Interior plans to undo the Trump administration's eleventh-hour change to the way lease royalties are calculated for minerals on federal lands, such as oil and gas, it said Thursday.

  • June 10, 2021

    Feds Tell 9th Circ. Limits On Ex-BLM Head Now Moot

    The federal government wants the Ninth Circuit to vacate an order limiting the authority of former acting director of the U.S. Bureau of Land Management William Perry Pendley, saying there's nothing left to fight over now that Pendley no longer holds the position.

  • June 09, 2021

    Newland Vows To Follow Tribes' Lead If Confirmed To DOI

    Bryan Newland, an attorney and the former president of the Bay Mills Indian Community, appeared to be on his way to winning a key vote to become the lead federal official dedicated to Native American issues, telling a Senate panel on Wednesday that tribes must be "in the driver's seat" on energy development and other key concerns.

  • June 09, 2021

    Biden Appellate Picks Probed On Civil Experience, Philosophy

    Two veteran public defenders nominated to federal appeals courts, including a Morrison & Foerster alum, faced Republican skepticism about their civil legal experience and judicial philosophies at a Senate confirmation hearing Wednesday in which one candidate disavowed a letter she had written lambasting U.S. Supreme Court Justice Clarence Thomas.

  • June 09, 2021

    Alaska Senators' Bill Would Open 3.7M Acres To Native Vets

    Alaska's two U.S. senators have introduced legislation that would make another 3.7 million acres of federal land in the National Wildlife Refuge System available to Alaska Native veterans of the Vietnam War — while blaming Democrats for the current paucity of suitable pickings.

  • June 09, 2021

    Fiber Co. Says It Will Defer To Tribes' Wireless Projects

    A fiber network company is asking the Federal Communications Commission to release it from obligations to build out gigabit-speed broadband in certain parts of Colorado, saying that it doesn't want to stymie two tribes' efforts to construct their own wireless networks.

  • June 09, 2021

    EPA Will Again Redefine Scope Of Clean Water Act

    The U.S. Environmental Protection Agency on Wednesday said it will rescind and replace a Trump-era rule defining the scope of the Clean Water Act after finding that rule "significantly" reduces water protections.

  • June 09, 2021

    TC Energy Drops Keystone XL Pipeline

    TC Energy Corp. said Wednesday it's terminating the Keystone XL project, ending a more than decadelong fight over a controversial oil pipeline that became a lightning rod in U.S. energy and climate change policy, just months after President Joe Biden revoked the project's cross-border permit.

  • June 09, 2021

    Republican AGs Want A Say In Kids' Climate Suit Deal Talks

    Seventeen Republican attorneys general on Tuesday asked an Oregon federal judge for permission to intervene in a lawsuit filed by young climate activists over the U.S. government's energy policies and their effect on climate change.

  • June 08, 2021

    MSP Recovery's Opioid Claims Consolidated With Ohio MDL

    The Judicial Panel on Multidistrict Litigation said Monday that MSP Recovery's opioid suit against CVS belongs in Ohio federal court as part of multidistrict litigation there, declining to vacate an order conditionally transferring the action.

  • June 08, 2021

    Mich. Tribes Back Full 6th Circ. Review Of Reservation Ruling

    Four Michigan tribes urged the Sixth Circuit on Tuesday to reconsider a panel decision that an 1855 treaty didn't create a reservation for the Little Traverse Bay Bands of Odawa Indians, saying the ruling departed sharply from the treaty's text and threatens the tribes' sovereignty.

  • June 08, 2021

    9th Circ. Nixes $1.3B Award In AMG Case After Justices' Order

    The Ninth Circuit Tuesday officially vacated its 2018 decision to uphold a $1.3 billion award against pro race car driver Scott Tucker's loan companies after the U.S. Supreme Court sided with Tucker and ruled that the Federal Trade Commission lacked authority to seek the penalty.

  • June 08, 2021

    Aleut Org. Sues Juul For Unequal Impact On Alaska Natives

    The Aleutian Pribilof Islands Association Inc. lodged anti-racketeering claims against Juul Labs in a California federal court for knowingly targeting American Indian and Alaska Native youth in its advertisements within the Aleutian Pribilof Islands.

Expert Analysis

  • Opinion

    Congress Should Step In To Solve The Opioid Crisis

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    Instead of relying on piecemeal litigation to solve the opioid crisis, Congress should utilize data to create a coordinated national solution that would distribute culpability between parties and then allocate funds to affected areas, say Peter Kelso and Kristen Knorn at Roux Associates.

  • A Biz Strategy Model To Improve Lateral Atty Hiring Diversity

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    Quantitative comparison tools commonly used by companies in evaluating merger targets will allow law firms to assess lateral hire candidates in a demographically neutral manner, help remove bias from the hiring process and bring real diversity to the legal profession, says Thomas Latino at Florida State University.

  • Smaller Firms Need Employee Wellness Programs, Too

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    As we emerge from the pandemic, small and midsize firms — which offer an ideal setting for companywide connection — should follow in the footsteps of larger organizations and heed the American Bar Association’s recommendations by adopting well-being initiatives and appointing a chief wellness officer, says Janine Pollack at Calcaterra Pollack.

  • Stop Networking, Start Relationship Marketing

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    USA 500 Clubs' Joe Chatham offers four tips for lawyers to get started with relationship marketing — an approach to business development that prioritizes authentic connections — and explains why it may be more helpful than traditional networking post-pandemic.

  • What Attorneys Should Know About Fee Deferral

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    Milestone Consulting’s John Bair explores contingency-fee structuring considerations for attorneys, laying out the advantages — such as tax benefits and income control — as well as caveats and investment options.

  • Predictions On Pandemic's Lasting Impact On Legal Education

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    The pandemic accelerated the pace of technological change for legal education, and some of the changes to how law school courses are taught and on-campus interviews are conducted may be here to stay, says Leonard Baynes at the University of Houston.

  • Lawyer Perfectionism Is A Disease We Can Control

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    The pursuit of perfection that is prevalent among lawyers can lead to depression, anxiety and other mental health impacts, but new attorneys and industry leaders alike can take four steps to treat this malady, says Liam Montgomery at Williams & Connolly.

  • Opinion

    Gov't Must Resolve Uncertainty Over 'Twilight' Cell Towers

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    The Federal Communications Commission and Native American tribes are in disagreement over what to do with so-called twilight cell towers that predate environmental and historical preservation regulation, and the Biden administration should address this question as soon as possible, says Bozana Lundberg at Thompson Hine.

  • Siting Authority Is Missing Link In Biden Power Line Initiative

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    The Biden administration's recent proposals to promote high-voltage power line development may aid renewable energy adoption, but the lack of legislation providing national siting authority could mean that transmission projects crossing multiple states may still be difficult to develop, say James Cromley and Katherine Walton at Schiff Hardin.

  • 5 Tips To Help Your 2021 Summer Associates Succeed

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    Despite pandemic-related challenges this year, law firms can effectively train summer associates on writing and communicating — without investing more time than they ordinarily would, says Julie Schrager at Schiff Hardin.

  • What EPA's Environmental Justice Push Means For Cos.

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    The U.S. Environmental Protection Agency's increased focus on environmental justice, which will give historically disadvantaged communities more influence over federal environmental policy, means that regulated companies should stay closely engaged with agency policymaking, say attorneys at King & Spalding.

  • Firms Should Use Surveys To Make Smart Legal Tech Choices

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    The utility of legal technology innovations may be limited without clear data and objectives from the outset, but targeted surveys can provide specific insights that enable law firms to adopt the most appropriate and efficient tech solutions, says Tim Scott at Frogslayer.

  • Tips For Energy Developers Seeking To Lease Tribal Lands

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    The Biden administration's commitment to renewable energy creates opportunities to lease tribal lands under the Helping Expedite and Advance Responsible Tribal Home Ownership Act, but renewable energy developers should carefully consider sovereign immunity questions and other unique issues associated with tribes, say attorneys at Perkins Coie.

  • Don't Forget Due Diligence In Race For Lateral Associate Hires

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    Amid high demand for associates and aggressive competition to attract talent, law firms should take three key steps to conduct meaningful prehire due diligence and safeguard against lateral hiring mistakes that can hurt their revenue and reputation, says Michael Ellenhorn at Decipher.

  • Lessons In Civility From The Alex Oh Sanctions Controversy

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    Alex Oh’s abrupt departure from the U.S. Securities and Exchange Commission and admonishment by a D.C. federal judge over conduct in an Exxon human rights case demonstrate three major costs of incivility to lawyers, and highlight the importance of teaching civility in law school, says David Grenardo at St. Mary's University.

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