Native American

  • January 27, 2022

    Geothermal Co. Asks 9th Circ. To Let Plant Project Go Forward

    A Nevada geothermal plant developer has told the Ninth Circuit that it should lift a lower court judge's restraining order keeping it from starting construction, arguing that doing so is necessary to avoid major disruptions to its timeline and ability to meet key deadlines.

  • January 27, 2022

    Fed. Act Seen As Model To Protect Indigenous Sacred Places

    The National Historic Preservation Act of 1966 used to protect Indigenous sacred places in the United States may also serve as a model for the protection of sacred places in other countries, according to a recent report from an independent federal agency.

  • January 27, 2022

    The Term: Breyer's Legacy And The Nomination To Come

    Justice Stephen Breyer on Thursday formally announced he would be retiring at the end of the Supreme Court term. Here, The Term breaks down the legacy he will leave behind and takes a look at what lies ahead for his potential successor with two special guests.

  • January 27, 2022

    Breyer Retiring As Supreme Court Lurches Right

    Justice Stephen Breyer is retiring from the U.S. Supreme Court at a time when his conservative colleagues on the bench seem intent on dismantling landmark precedents on abortion, affirmative action and the administrative state, to name a few. Can his successor preserve his liberal legacy?

  • January 27, 2022

    Biden Admin. Hit With FOIA Suit Over US Border Levee Walls

    Environmental advocacy group the Center for Biological Diversity slammed the U.S. Army Corps of Engineers on Thursday for refusing to hand over public records about the construction of what it says are new U.S.-Mexico border walls on levees along the Rio Grande Valley in Texas, according to a suit filed in District of Columbia federal court.

  • January 27, 2022

    Irrigators Say FERC, Calif. Wrongly Denied CWA Certificates

    Two California irrigation districts told the D.C. Circuit Court that the Federal Energy Regulatory Commission was wrong to have affirmed the Golden State's rejection of its Clean Water Act Section 401 certification for two hydropower projects just before a one-year statutory deadline expired.

  • January 27, 2022

    All Pa. Counties Join $26B Opioid Deal Over DAs' Objections

    All 67 Pennsylvania counties have signed on to a $26 billion, multistate settlement with three distributors and one manufacturer of opioid drugs, the state's attorney general's office announced Thursday, despite the district attorneys of its two largest counties opposing the deal.

  • January 27, 2022

    Judge Jackson Back In Spotlight As High Court Contender

    The upcoming vacancy on the U.S. Supreme Court quickly threw the spotlight back on D.C. Circuit Judge Ketanji Brown Jackson, a former clerk for Justice Stephen Breyer whose stature as a likely successor to the retiring justice was suddenly raised Wednesday.

  • January 27, 2022

    Biden At His Side, Justice Breyer Announces Retirement

    Supreme Court Justice Stephen Breyer joined President Joe Biden at the White House Thursday to formally announce his retirement, kicking off a rush among Democrats to confirm a new member of the court to replace the oldest serving justice.

  • January 26, 2022

    Illinois Man Accuses Online Tribal Lenders of Predatory Loans

    An Illinois debtor has filed a proposed class action against a group of online tribal lending companies for allegedly issuing illegal high-interest loans, adding to a trend of similar complaints across the country that accuse unscrupulous lenders of using tribes as a mere front to gain immunity from prosecution.

  • January 26, 2022

    Democrats Plan Swift Confirmation Of Breyer Successor

    The U.S. Senate's Democratic leaders pledged Wednesday to move swiftly to confirm a successor for U.S. Supreme Court Justice Stephen Breyer, who is expected to formally announce his retirement Thursday.

  • January 26, 2022

    Court Guts Farmer's Suit Over Biden Loan Relief Program

    A Tennessee federal judge on Wednesday cut most of a suit a white farmer filed over President Joe Biden's $5 billion loan relief program for minority farmers, finding that the plaintiff who alleged that the program discriminates against him had failed to show his claims are "fit" for judicial review.

  • January 26, 2022

    Trump NEPA Rule Fight Is A Non-Starter, 4th Circ. Told

    The U.S. Chamber of Commerce and other business groups on Tuesday urged the Fourth Circuit not to revive environmentalists' challenge to a Trump-era rule overhauling the National Environmental Policy Act, backing White House arguments that green groups can't fight a rule that hasn't been implemented.

  • January 26, 2022

    Meet The Possible Nominees For Justice Breyer's Seat

    President Joe Biden has promised to nominate the first-ever Black woman to the nation's highest court. Here we look at the contenders for Justice Stephen Breyer's seat, including one notable front-runner.

  • January 26, 2022

    'Just Do Your Job': Justice Breyer's Legacy Of Pragmatism

    With the coming retirement of Justice Stephen Breyer, the U.S. Supreme Court loses not only a core member of its liberal bloc, but also a judicial thinker who cares deeply about making the law work on a practical level, those who worked with him said.

  • January 26, 2022

    5 Breyer Opinions You Need To Know

    Justice Stephen Breyer, who was confirmed Wednesday to be stepping down from the court after 27 years, was a pragmatist who thought about the real-world implications of the high court’s decisions. Here, Law360 looks at some of the cases that epitomize his career.

  • January 26, 2022

    EPA's Enviro Justice Campaign Adds Inspections, Monitoring

    The U.S. Environmental Protection Agency will take a much more aggressive stance toward polluting facilities in vulnerable communities, including increasing the number of surprise inspections and expanding air quality monitoring capacity, the EPA's leader said Tuesday.

  • January 26, 2022

    Justice Breyer To Retire From High Court

    Justice Stephen Breyer, one of the longest-serving liberal members of the U.S. Supreme Court, will resign his post after more than 27 years on the bench.

  • January 25, 2022

    'Frankly Stunning': Distributors Pan DEA Vet At Opioid Trial

    Drug distributors sought Tuesday to torpedo some of the most important testimony so far in Washington state's opioid trial, asserting that a former U.S. Drug Enforcement Administration official "stunningly" impugned their conduct based on her personal views, not actual regulatory violations.

  • January 25, 2022

    Rhode Island Inks $91M Opioid Deal With Distributors

    A trio of drug distributors will pony up almost $91 million to settle allegations from Rhode Island that they helped fuel the opioid crisis, according to a Tuesday announcement from Ocean State officials.

  • January 25, 2022

    Minn. Panel Orders Further Review For Mine's Water Permit

    A Minnesota appeals court sent a proposed copper-nickel-platinum mine's water quality permit back to state pollution authorities with directions to consider whether the mine's discharges of treated wastewater into nearby wetlands require a federal Clean Water Act permit.

  • January 25, 2022

    DOI Says Okla. Has No Coal Mine Authority On Tribal Lands

    The federal government is pushing back on Oklahoma's claims it illegally took away the state's authority over coal mining on Muscogee (Creek) Nation lands, arguing that federal surface mining laws clearly preclude state authorities from exercising jurisdiction over Native American lands.

  • January 25, 2022

    Distributor Urges 6th Circ. To Revive Opioid Coverage Suits

    A drug distributor told the Sixth Circuit on Monday that a Kentucky federal judge erred when narrowly construing policy language to find two insurers had no duty to fund its defense of 77 suits brought by state and local governments over its alleged role in the opioid epidemic.

  • January 25, 2022

    Beyond Big: Smaller, Hyperfocused Firms Still Stand Out

    Many of the biggest, most profitable law firms are continuing to get bigger. But that doesn't mean there's less room for smaller firms to occupy a leadership position in a set of practices or with a standout culture.

  • January 24, 2022

    Drug Distributors' Order Reporting Had Flaws, Expert Testifies

    A former DEA official testified Monday in a Washington state opioid trial that at least one of the "Big Three" drug distributors raised pharmacy controlled-substance order caps for unjustifiable reasons, and more than one didn't "seem to understand" their obligations to report suspicious orders.

Expert Analysis

  • How AI Can Transform Crisis Management In Litigation

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    Attorneys should understand how to use rapidly advancing artificial intelligence technology to help clients prepare for potential catastrophic events and the inevitable litigation arising from them, from predicting crises before they occur to testing legal theories once they arise, say Stratton Horres at Wilson Elser and David Steiger.

  • Tribal Corp. IP Suit Highlights Sponsored Research Pitfalls

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    In Tulalip Tribal Federal Corp.'s recent Washington federal court action alleging that Stanford University copied a treatment based on research involving the tribes' confidential information, the parties' pleadings shed light on best practices for addressing ownership of sponsored research results in clear and precise terms, says attorney Catlan McCurdy.

  • Supervisor Relationships Are Key To Beating Atty Burnout

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    In order to combat record attorney turnover and high levels of burnout, law firm partners and leaders must build engaging relationships with supervisees, fostering autonomy and control, enabling expression of values, and building a sense of community and belonging, says Anne Brafford at the Institute for Well-Being in Law.

  • The Rising Demand For Commercial Litigators In 2022

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    Amid broken supply chains, pandemic-induced bankruptcies and a rise in regulation by litigation, strong commercial litigators — strategists who are adept in trying a range of tortious and contractual disputes — are becoming a must-have for many law firms, making this year an opportune moment to make the career switch, say Michael Ascher and Kimberly Donlon at Major Lindsey.

  • How In-House Counsel Can Make The Case For Settling Early

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    Following the recent settlement in McDonald's v. Easterbrook, in-house counsel should consider decision-tree analyses and values-driven communications plans to secure effective, early resolutions in litigation, saving time and money and moving the company mission forward, say Ronald Levine at Herrick Feinstein and Richard Torrenzano at The Torrenzano Group.

  • To Retain Talent, GCs Should Prioritize Mission Statements

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    With greater legal demands and an increasing number of workers resigning during the pandemic, general counsel should take steps to articulate their teams' values in departmental mission statements, which will help them better prioritize corporate values and attract and retain talent, says Catherine Kemnitz at Axiom.

  • Recent Bias Suits Against Law Firms And Lessons For 2022

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    2021 employment discrimination case filings and developments show that law firms big and small are not immune from claims, and should serve as a reminder that the start of a new year is a good time to review and update salary, promotion and leave policies to mitigate litigation risks, says Hope Comisky at Griesing Law.

  • Associate Hiring Outlook At Law Firms Is Bright For 2022

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    After a year of extraordinary signing bonuses, nearly instantaneous offers and flexible work arrangements, strong demand for talented law firm associates will continue into 2022 — with some differences between East and West Coast markets — and junior attorneys should take steps to capitalize on the opportunity, say Ru Bhatt and Summer Eberhard at Major Lindsey.

  • Roundup

    The Most-Read Legal Industry Guest Articles Of 2021

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    Popular legal industry guest articles this year included commentary on the admissibility of video depositions, an unusual U.S. Supreme Court citation, the perils of lawyer perfectionism, and more.

  • A Law Firm Leader's Guide To Seeking Effective Feedback

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    Law firm leaders often claim to have their fingers on the pulse of the people in their firms, but perspectives can be heavily weighted toward certain partners, so leaders should take certain steps to ensure they receive well-rounded feedback that helps them make more informed decisions, says Jennifer Johnson at Calibrate Legal.

  • Series

    Embracing ESG: Whirlpool CLO Talks Structural Improvement

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    As the global understanding of what it means to measurably make a positive societal and environmental impact evolves, creating a solid governance structure, backed up by bold action and increased transparency, will set up companies and their legal teams to remain resilient through economic and societal changes and manage risk, says Ava Harter at Whirlpool.

  • Opinion

    Fla. High Court Is Wrong To Ban CLE Diversity Requirements

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    The Florida Supreme Court is wrong in precluding attorneys from getting any continuing legal education credit for courses that use so-called diversity quotas, as it erroneously assumes existing biases and prejudices in the legal profession will change without proactive steps, says Sidney Kanazawa at ARC LLC.

  • Lawyers Must Prepare For Contract Tech Co. Consolidation

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    The legal industry's continued remote work needs during the pandemic have fueled growth of contract lifecycle management providers, but to continue access to the platforms they have come to rely on, businesses should look out for the CLM mergers that are likely to occur in 2022, says Naseeha Machingal at LegalEase Solutions.

  • How Firms Can Adapt Amid COVID's Shifting Legal Needs

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    Avi Stadler at Esquire Deposition Solutions discusses the practice areas that are expanding most aggressively during the COVID-19 era of increased litigation and technology needs, and offers recommendations for how law firms can attract and retain the expertise they need to thrive in today's competitive market for legal services.

  • Series

    Embracing ESG: Synchrony Counsel Talk Role Of Legal Teams

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    Jonathan Mothner and Danielle Do at Synchrony Financial discuss legal departments' essential role in their firms' environmental, social and governance programs, and how legal leaders can leverage their teams and internal relationships to advance ESG efforts.

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