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Native American
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May 19, 2025
FCC Examines Revisions To Alaska Broadband Measurements
The Federal Communications Commission is seeking input on a proposal to change how final milestone commitments are evaluated for the so-called Alaska Plan, with a telecom in Alaska suggesting the commission's "Fabric" dataset offers a more accurate representation of where people actually live within census blocks than the current distribution model does.
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May 19, 2025
Justices Punt On Tribe Leader's Extortion Immunity Claim
The U.S. Supreme Court on Monday rejected a petition from the former head of a Native American tribe who argued that the First Circuit was wrong to reinstate his convictions tied to the development of a casino project after it concluded that federal extortion law applies to tribal leaders.
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May 19, 2025
NC Gov. Tacks On $891M To Hurricane Recovery Plan
North Carolina Gov. Josh Stein on Monday recommended adding $891 million to the funds earmarked for Hurricane Helene recovery efforts in the western region of the state, the largest chunk of which would go toward rebuilding the economy with small business loans and tourism promotion.
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May 19, 2025
Justices Pass On Insurers' Tribal Jurisdiction Challenge
The U.S. Supreme Court will not review a Ninth Circuit decision ordering insurers to litigate the Suquamish Tribe's COVID-19 coverage claims in tribal court in a case that addressed tribal jurisdiction over nonmember insurance companies, according to a Monday order list.
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May 19, 2025
High Court Won't Hear Insurer's Calif. COVID Tribal Dispute
The U.S. Supreme Court declined to take up an insurance company's bid to undo a Ninth Circuit ruling affirming that the Cabazon Band of Cahullia Indians' tribal court has jurisdiction over its members' suit that seeks millions in COVID-19 pandemic loss coverage after its California casino temporarily closed.
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May 16, 2025
Real Estate Recap: Gold Card, Hospitality, Revolving Door
Catch up on this past week's key developments by state from Law360 Real Estate Authority — including attorney insights into the "Gold Card" visa program, the hospitality sector's reaction to tariffs, and the path from in-house attorney to private practice.
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May 16, 2025
Wash. Tribe Can't Ax Wildlife Refuge Protection Suit
The Jamestown S'Klallam Tribe of Washington state is not a necessary party to an environmental lawsuit aimed at ensuring the U.S. Fish and Wildlife Service complies with rules governing the tribe's proposed aquaculture operation along the Dungeness National Wildlife Refuge boundary, a federal judge has ruled.
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May 16, 2025
Feds Defend Oneida Nation's 500-Acre Land Trust Decisions
The Interior Department says a Wisconsin town's bid to vacate decisions to take 500 acres into trust for the Oneida Nation is meritless, telling a federal court that the municipality fails to meet its Administrative Procedure Act burden to show any bias stemming from the agreement.
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May 16, 2025
Trump Calls On Justices To Stay Block Of Gov't Restructuring
President Donald Trump asked the U.S. Supreme Court on Friday to pause a California federal judge's order temporarily halting agencies from implementing an executive order to plan reorganizations and reductions in force, claiming the lower court's decision has caused confusion and wasted taxpayer dollars.
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May 16, 2025
Feds Say Con Man Galanis Can't Recoup $2M Despite Clemency
Prosecutors have asked a New York federal judge to deny a request from convicted fraudster Jason Galanis to recoup $2.17 million he paid in criminal fines, after his nearly 16-year prison sentence was commuted by President Donald Trump.
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May 16, 2025
5th Circ. Reverses Intervention Denial For Border Wall Cos.
A Texas federal judge erred when he refused to let several government contractors and the Sierra Club intervene in a lawsuit that blocked the use of border wall funding for anything other than new barrier construction, the Fifth Circuit ruled Thursday.
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May 15, 2025
Each Justice's Key Comments At Universal Injunction Args
U.S. Supreme Court justices conducted a searching inquiry Thursday regarding the Trump administration's quest to curtail sweeping injunctions against its agenda, sometimes sounding sympathetic but also wary of alternative remedies and the White House's willingness to accept any future courtroom losses.
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May 15, 2025
$666M Pipeline Verdict 'Poster Child' For Reduction, Judge Told
Lawyers for Greenpeace urged a North Dakota state judge Thursday to significantly reduce a $666 million verdict over claims that it falsely disparaged the Dakota Access pipeline amid environmental protests, with the jury having awarded ten times more on certain claims than even the pipeline's builder wanted.
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May 15, 2025
Wis. Tribe Urges Army Corps To Reject Enbridge Line 5 Permit
Members of a Wisconsin tribe are urging the U.S. Army Corps of Engineers to deny Enbridge Energy Inc. a permit that will allow it to reroute its Line 5 pipeline around and upstream its reservation, arguing that, if allowed, hundreds of downstream wetlands and streams would be polluted by the project.
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May 15, 2025
Ore. Tribe Looks To Redefine Columbia Basin Fishing Rights
An Oregon tribe is asking a federal court to open up a decades-old case that reserved fishing rights for the state's Indigenous nations, arguing that it must redefine the nature and scope of its off-reservation rights in order to obtain a fair share of the Columbia Basin's resources.
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May 15, 2025
Unions, Groups Seek Injunction To Block Gov't Restructuring
A California federal judge must greenlight a nationwide injunction to stop multiple federal agencies from moving ahead with implementing reorganization and mass termination plans linked to an executive order, a coalition of unions and groups argued, making their request on the heels of a temporary restraining order.
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May 15, 2025
Justices Wary Of Pausing Sweeping Injunctions In Birthright Case
A majority of the U.S. Supreme Court seemed eager Thursday to limit lower courts' use of universal injunctions generally, but several justices voiced concerns about the effect such a ruling would have on lawsuits challenging the constitutionality of President Donald Trump's executive order that aims to limit birthright citizenship.
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May 15, 2025
9th Circ. Questions University's Limits On Professor's Speech
Two Ninth Circuit judges cast doubt on the University of Washington's defense in a First Amendment lawsuit on Thursday, questioning why the college would remove a professor's parody of a Native American land acknowledgment from his class syllabus while permitting him to broadcast the same opinions elsewhere in the academic setting.
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May 15, 2025
Senate Confirms Trump's Pick For EPA General Counsel
The U.S. Senate on Thursday voted to confirm Sean Donahue as the U.S. Environmental Protection Agency's general counsel.
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May 14, 2025
Keep DOGE Out Of Social Security Data, Unions Tell Justices
The U.S. Supreme Court has no reason to lift a ban on the Department of Government Efficiency accessing Social Security data, four unions argued in an amicus brief, backing two other unions in their bid to protect the injunction from the Trump administration's bid to defeat it.
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May 14, 2025
HUD Allocates $1.1B For Tribal Affordable Housing Initiatives
The U.S. Department of Housing and Urban Development will allocate more than $1.1 billion in Indian Housing Block Grant funding to support affordable housing efforts in Native American tribal communities, HUD announced Tuesday.
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May 14, 2025
USDA Says Native Villages Aren't Tribal Land In $70M Dispute
The U.S. Department of Agriculture is standing by its assertion that two Native Alaskan villages are not tribal lands in the same way as reservations in its bid to convince a court to side with it in a fight over $70 million in broadband funds the agency is accused of wrongly giving away.
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May 14, 2025
Gaming Co. Asks High Court To Undo Wash. Compacts' Order
A casino owner and operator is asking the U.S. Supreme Court to undo a Ninth Circuit ruling that dismissed its challenge to Washington state tribal gaming compacts, arguing the case implicates an acknowledged conflict about the interplay of the Administrative Procedure Act.
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May 14, 2025
Interior Policy Aims To Shorten Oil And Gas Leasing Reviews
The U.S. Department of the Interior has unveiled a new policy that attempts to speed up oil and gas leasing on public lands by cutting the amount of time spent reviewing the suitability of potential leasing areas.
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May 14, 2025
8th Circ. Dismisses North Dakota Native Voting Rights Dispute
An Eighth Circuit panel vacated a North Dakota Native American voting rights dispute over whether the state's legislative body's drawing of redistricting maps violated federal law on Wednesday, saying parties don't have a private right to sue state officials over dilution claims under the Civil Rights Act.
Expert Analysis
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Series
Boxing Makes Me A Better Lawyer
Boxing has influenced my legal work by enabling me to confidently hone the skills I've learned from the sport, like the ability to remain calm under pressure, evaluate an opponent's weaknesses and recognize when to seize an important opportunity, says Kirsten Soto at Clyde & Co.
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Purdue Ch. 11 Ruling Reinforces Importance Of D&O Coverage
The U.S. Supreme Court's recent decision in Harrington v. Purdue Pharma, holding that a Chapter 11 reorganization cannot discharge claims against a nondebtor without affected claimants' consent, will open new litigation pathways surrounding corporate insolvency and increase the importance of robust directors and officers insurance, says Evan Bolla at Harris St. Laurent.
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Opinion
Industry Self-Regulation Will Shine Post-Chevron
The U.S. Supreme Court's Loper decision will shape the contours of industry self-regulation in the years to come, providing opportunities for this often-misunderstood practice, says Eric Reicin at BBB National Programs.
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3 Ways Agencies Will Keep Making Law After Chevron
The U.S. Supreme Court clearly thinks it has done something big in overturning the Chevron precedent that had given deference to agencies' statutory interpretations, but regulated parties have to consider how agencies retain significant power to shape the law and its meaning, say attorneys at K&L Gates.
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Roundup
After Chevron
Since the U.S. Supreme Court overturned the Chevron deference standard in June, this Expert Analysis series has featured attorneys discussing the potential impact across 37 different rulemaking and litigation areas.
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Opinion
Reform NEPA To Speed Mining Permits, Clean Energy Shift
It is essential to balance responsible regulatory oversight with permit approvals for mining projects that are needed for the transition to renewable energy — and with the National Environmental Policy Act being one of the leading causes of permit delays, reform is urgently needed, say Ana Maria Gutierrez and Michael Miller at Womble Bond.
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Opinion
Atty Well-Being Efforts Ignore Root Causes Of The Problem
The legal industry is engaged in a critical conversation about lawyers' mental health, but current attorney well-being programs primarily focus on helping lawyers cope with the stress of excessive workloads, instead of examining whether this work culture is even fundamentally compatible with lawyer well-being, says Jonathan Baum at Avenir Guild.
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Series
Skiing And Surfing Make Me A Better Lawyer
The skills I’ve learned while riding waves in the ocean and slopes in the mountains have translated to my legal career — developing strong mentor relationships, remaining calm in difficult situations, and being prepared and able to move to a backup plan when needed, says Brian Claassen at Knobbe Martens.
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Unpacking The Circuit Split Over A Federal Atty Fee Rule
Federal circuit courts that have addressed Rule 41(d) of the Federal Rules of Civil Procedure are split as to whether attorney fees are included as part of the costs of a previously dismissed action, so practitioners aiming to recover or avoid fees should tailor arguments to the appropriate court, says Joseph Myles and Lionel Lavenue at Finnegan.
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Opinion
No Matter The Purdue Ruling, Mass Tort Reform Is Needed
The U.S. Supreme Court will soon issue its opinion in the bankruptcy of Purdue Pharma LP, and regardless of the outcome, it’s clear legal and policy reforms are needed to address the next mass tort, says William Organek at Baruch College.
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After A Brief Hiccup, The 'Rocket Docket' Soars Back To No. 1
The Eastern District of Virginia’s precipitous 2022 fall from its storied rocket docket status appears to have been a temporary aberration, as recent statistics reveal that the court is once again back on top as the fastest federal civil trial court in the nation, says Robert Tata at Hunton.
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Recruitment Trends In Emerging Law Firm Frontiers
BigLaw firms are facing local recruitment challenges as they increasingly establish offices in cities outside of the major legal hubs, requiring them to weigh various strategies for attracting talent that present different risks and benefits, says Tom Hanlon at Buchanan Law.
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Series
Glassblowing Makes Me A Better Lawyer
I never expected that glassblowing would strongly influence my work as an attorney, but it has taught me the importance of building a solid foundation for your work, learning from others and committing to a lifetime of practice, says Margaret House at Kalijarvi Chuzi.
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How Associates Can Build A Professional Image
As hybrid work arrangements become the norm in the legal industry, early-career attorneys must be proactive in building and maintaining a professional presence in both physical and digital settings, ensuring that their image aligns with their long-term career goals, say Lana Manganiello at Equinox Strategy Partners and Estelle Winsett at Estelle Winsett Professional Image Consulting.
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Firms Must Rethink How They Train New Lawyers In AI Age
As law firms begin to use generative artificial intelligence to complete lower-level legal tasks, they’ll need to consider new ways to train summer associates and early-career attorneys, keeping in mind the five stages of skill acquisition, says Liisa Thomas at Sheppard Mullin.