The U.S. Department of Agriculture on Friday released its final rule governing the cultivation of hemp, some 14 months after publishing draft regulations that industry stakeholders decried as overly burdensome.
The First Circuit blocked construction Friday on part of a controversial $1 billion clean energy development that would connect New England to Canadian hydroelectric power, just a day after the Trump administration granted the project a key cross-border permit.
The incoming Biden administration's progressive ambitions, coupled with a newly Democratic Congress, could mean unprecedented opportunities for tribes not only to tackle the coronavirus pandemic, but to kickstart their economic recovery and address long-standing environmental, infrastructure and land issues.
The D.C. Circuit on Friday rejected environmental groups' effort to block parts of the U.S. Environmental Protection Agency's less restrictive policy on methane emissions for new and modified oil and gas infrastructure while litigation plays out.
The U.S. Department of Agriculture on Friday released the final environmental impact statement for a land swap that would allow for copper mining on lands sacred to the Apache tribe in Arizona, as indigenous advocates continue to fight the project.
A California judge has rejected a bid by the Pinoleville Pomo Nation to undo his ruling that the tribe breached a 2012 agreement with JW Gaming Development related to a botched casino, saying new evidence the tribe put forward doesn't add up.
The Sixth Circuit said on Thursday that it won't stop a lower court from forcing a former U.S. Food and Drug Administration director to be deposed in multidistrict opioid litigation before he clocks in to work in an unspecified role in the Biden administration.
Board members of a Crow Tribe-run health center have urged a Montana federal judge to toss a suit claiming that they fired a nurse as retaliation for reporting patient abuse, saying they were acting within the scope of their employment and are immune from the suit under the Federal Tort Claims Act.
A Texas federal judge has ruled that sovereign immunity protects the Alabama-Coushatta Tribe from litigation by a man who broke his wrist after slipping and falling down a staircase in the tribe's bingo hall, adopting a magistrate judge's October recommendation and entirely dismissing the case.
The full D.C. Circuit bench said it won't reconsider a panel's order last year allowing House Democrats to challenge President Donald Trump's diversion of $8.1 billion for a border wall, a rebuke coming less than a week before the Trump presidency comes to an end.
The U.S. Department of the Interior told the D.C. Circuit on Wednesday that it was not required to federally recognize the Mdewakanton Band of Sioux in Minnesota, since a previous case found "a once-recognized tribe can fade away."
A Cherokee Nation consulting arm has asked a Colorado federal court to dismiss information technology company LS3 Inc.'s breach of contract lawsuit over alleged poaching of employees, claiming in a Wednesday filing that no valid contract existed.
The Navajo Nation said Wednesday that it had reached a $10 million settlement with two mining companies it sued over the 2015 Gold King Mine waste spill that poisoned waterways used by the tribe.
A California federal judge has denied the Bureau of Land Management's bid to escape a suit seeking to shut down a unit of geothermal leases on land sacred to the Pit River Tribe, saying the claims weren't covered in a previous suit by the tribe.
Apache Stronghold, a San Carlos Apache nonprofit, has sued the U.S. Department of Agriculture in Arizona federal court to block a land swap that would allow Rio Tinto PLC and BHP Billiton to mine copper and allegedly dump toxic waste near land sacred to the Apache tribe.
Several U.S. Supreme Court justices Wednesday questioned the Federal Trade Commission's long-claimed power to demand restitution in fraud and antitrust cases.
A New York federal judge ordered the U.S. Department of Health and Human Services to release a report to The Wall Street Journal and The New York Times detailing the sexual abuse committed by a former Indian Health Service pediatrician against Native American children.
The Trump administration on Wednesday released a plan to significantly reduce conservation land in the California desert, in a last-minute, largely symbolic attempt to alter a sprawling renewable energy and conservation plan that prioritizes development on federal land.
The U.S. Census Bureau has halted efforts to compile data on foreign citizens living in the U.S., the bureau director said Wednesday, after whistleblowers accused the agency of rushing the data report and producing a "statistically indefensible" product.
The Trump administration cannot lose a standoff with Congress over appropriations for a border wall and then instruct for funds be diverted to build it anyway, California, New Mexico and two advocacy groups told the U.S. Supreme Court on Tuesday.
Texas has urged the U.S. Supreme Court to uphold a Fifth Circuit decision blocking the Ysleta del Sur Pueblo from offering electronic bingo, saying the tribe's obligation to abide by state anti-gambling laws was settled by the same circuit years ago.
The U.S. Department of the Interior and the North Fork Rancheria of Mono Indians separately urged a California federal judge to toss a lawsuit initiated against them by anti-gambling groups that alleges an off-reservation tribal hotel and casino was not properly approved.
An Oklahoma federal judge on Monday rejected several arguments raised by a group of wind farm developers seeking to escape damages for trespassing on tribal land and for failing to obtain permission for their wind turbine project on Osage Nation land.
The U.S. Environmental Protection Agency will have a pivotal role in helping President-elect Joe Biden carry out his pledge to address climate change with ambitious new policies, while tackling emerging and evolving issues such as the regulations of forever chemicals and reversing many of the deregulatory actions from the last four years.
Federal laws prohibiting taxation on Native American lands shouldn't prevent South Dakota from taxing contracting work performed by a non-Native American company on the Flandreau Santee Sioux Tribe's on-reservation casino, the state government told the Eighth Circuit Tuesday.
Although justices asked difficult questions of both sides at the recent U.S. Supreme Court oral arguments in AMG v. Federal Trade Commission, they expressed significant skepticism of the FTC's implicit authority to seek restitution and disgorgement of the proceeds of fraud and other misconduct, say attorneys at Sullivan & Cromwell.
Some recent litigation developments demonstrate efforts by law firms and their clients to search for opportunities in the COVID-19 economic fallout, while others — such as the rise of contingency fee arrangements — reflect acceleration of tendencies that were already underway, says William Weisman at Therium Capital.
In the face of rising client demands due to the pandemic and the changing regulatory environment, and with remote work continuing for the foreseeable future, lawyers should invest in their well-being by establishing inspiring yet realistic goals for 2021 — one month at a time, says Krista Larson at Morgan Lewis.
"Confidential" and other search terms commonly used to locate privileged documents during e-discovery are pretty ineffective, so practitioners should consider including specific types of keywords that are demonstrably better at targeting privilege, say Robert Keeling at Sidley and Rishi Chhatwal at AT&T.
A review of state attorney general actions in 2020 addressing consumer concerns including data privacy, product safety and marketplace competition can help companies prepare for the expected regulatory enforcement wave in 2021, say attorneys at Troutman Pepper.
Lawyers working remotely during the pandemic while physically outside the jurisdictions in which they are licensed will find some comfort in a recent American Bar Association opinion sanctioning such practice, but there is ambiguity regarding the contours of what's allowed, say attorneys at Harris Wiltshire.
Whether geared toward a global audience or a particular client, a law firm's articles, blog posts and client alerts should strive to be original by harnessing a few editorial tools and following the right distribution sequence, say Steven Andersen and Tal Donahue at Infinite Global.
Judges should take into consideration the several points of law enforcement and prosecutorial discretion — from traffic stops to charging decisions and sentencing recommendations — that often lead to race-based disparate treatment before a criminal defendant even reaches the courthouse, say Judge Juan Villaseñor and Laurel Quinto at Colorado's Eighth Judicial District Court.
Lawyers should remember that the basics of interpersonal relationships have not changed despite the completely virtual environment caused by the pandemic, and should leverage the new year as an excuse to connect with clients in several ways, say Megan Senese and Courtney Hudson at Pillsbury.
For law firms planning overhauls in their information technology infrastructures in light of hard lessons learned from pandemic-era transition to remote work, there are five ways to ensure even the biggest tech upgrade has minimal impact on client service, says Brad Paubel at Lexicon.
Careful construction of an amicus brief's essential elements — including the table of contents, which determines whether a brief gets studied or skimmed — and the order in which they are crafted are key to maximizing a party's hoped-for impact on a case before the U.S. Supreme Court or other appellate courts, say Mark Chopko and Karl Myers at Stradley Ronon.
Changes in the way people work and communicate — which the pandemic has accelerated — will continue to bring new e-discovery challenges and shifts in data recovery this year, says Brian Schrader at Business Intelligence Associates.
With law firms likely to see longtime clients roll out requests for proposal amid cost-cutting strategies this year, relationship partners can ensure they don't lose their clients by taking five critical actions during the response process, says Matthew Prinn at RFP Advisory.
After a brief break in the multiyear streak of increasing law firm mergers, 2021 seems poised for a return to normal, with acquisitions involving small firms — those with under 400 lawyers — likely to dominate, says Peter Zeughauser at Zeughauser Group.
Popular legal industry guest articles this year included commentary on white privilege in BigLaw, the pandemic's outsize impact on female lawyers, and business development in a socially distanced world.