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Native American
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April 14, 2025
Juul Seeks Ax of Noncompliant Plaintiffs In E-Cig Suits
Juul on Monday asked a California federal judge to toss claims brought by plaintiffs who failed to comply with court orders, about two years after Juul reached a $255 million global settlement in the litigation.
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April 14, 2025
Conn. Sues Feds To Block 80-Acre Tribal Land Trust Decisions
Connecticut is asking a federal court to undo a U.S. Bureau of Indian Affairs decision to take 80 acres into trust for the Mashantucket Pequot Tribal Nation, arguing it lacked authority to issue the order that, if allowed to stand, it said will end the state's sovereign territory rights.
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April 14, 2025
Feds Push To End Alaska Tribe's Gold Mine Permit Challenge
The U.S. Army Corps of Engineers and a gold mine developer are asking a federal court for permission to move for early dismissal of an Alaskan tribe's remaining claim against an open-pit gold mine near the Yukon border, saying its amended lawsuit doesn't fare better than the original.
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April 14, 2025
Trump Admin Moves To Weaken Migratory Bird Protections
The top lawyer at the U.S. Department of the Interior says the federal government lacks the power to prosecute companies that inadvertently kill federally protected migratory birds, a legal position the department took during the first Trump administration but which was overturned by a federal court in 2020.
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April 14, 2025
Enviro Groups Sue Trump Admin Over Webpage Removals
Environmental and science organizations, including the Sierra Club, filed suit on Monday in D.C. federal court over the Trump administration's removal of federal agency webpages that provided critical information concerning the environment, saying agencies removed the webpages without explanation, leaving the organizations unable to access sources they've long relied on.
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April 14, 2025
Four State Govs. Call On EPA To Increase Biofuel Targets
Governors of Iowa, Missouri, Nebraska and South Dakota urged the U.S. Environmental Protection Agency to boost the amount of biofuel blended into fuel supplies as a way to help meet the Trump administration's domestic energy goals and strengthen investment in agriculture and rural communities.
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April 14, 2025
ABA Scholarship Illegally Bars White Applicants, Suit Says
The American Bar Association unlawfully discriminates against white law students by excluding them from a scholarship program for racial and ethnic minorities, according to a federal lawsuit from a group founded by the conservative legal strategist who led a successful Supreme Court challenge to affirmative action in university admissions.
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April 11, 2025
Real Estate Recap: Private Credit, CMBS, Algorithmic Pricing
Catch up on this past week's key developments by state from Law360 Real Estate Authority — including fresh takes on the rise in private credit, a surge in commercial mortgage-backed securities, and the wave of algorithmic pricing laws in the rental market.
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April 11, 2025
Native Villages Say It's Time To Vacate $70M Broadband Grant
Now that a federal court has found that Alaskan native villages are tribal lands in the same way reservations are, that court is being told it's time for it to grant two such villages summary judgment on their claims that the government wrongly gave away $70 million in broadband funds meant for them.
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April 11, 2025
Trump Grid Order Threatens To Roil Electricity Sector
President Donald Trump's directive to keep struggling power plants on the grid is an unusual use of the U.S. Department of Energy's authority to ensure power delivery during emergencies, and it could invite lawsuits while upending wholesale electricity markets.
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April 11, 2025
Another Calif. Tribe Files Suit Over $700M Casino Project
A California Native American tribe alleged in District of Columbia federal court that the federal government unlawfully placed land in a trust and approved a $700 million, 160-acre casino resort project that was proposed by another California tribe.
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April 11, 2025
Virginia Tribe Says Medicaid Dispute Will Sink Healthcare Biz
The Nansemond Indian Tribe is requesting that a federal court hand down an order that would instruct Virginia to continue processing its more than 130,000 unpaid Medicaid reimbursement claims, arguing that without it, the commonwealth will succeed in driving its healthcare entity out of business.
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April 11, 2025
EPA Workers Allege Discrimination Over Indefinite Leave
U.S. Environmental Protection Agency employees dedicated to working on issues facing poor and minority communities exposed to disproportionate pollution say in a new complaint that the EPA is discriminating against them by forcing them into indefinite leave.
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April 10, 2025
Calif. Centers Used 'Body Brokers' In $10M Scam, BCBS Says
Blue Cross Blue Shield of Oklahoma slammed two California recovery centers and their owners with a lawsuit Thursday, alleging they spearheaded a $10 million kickback scheme to employ "body brokers" to find Indigenous patients for substance treatment facilities where they went to appalling lengths to stop them from leaving.
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April 10, 2025
Alaskan Tribes Sue Army Corps Over Gold Mining Project
The U.S. Army Corps of Engineers failed to adequately evaluate the effects of a suction dredge mining project for gold on a "pristine" Alaskan estuary, Native American tribes said in a lawsuit filed Thursday.
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April 10, 2025
Groups Urge Protections For Native Monuments Amid Threats
The National Congress of American Indians is urging U.S. House members and the Trump administration to refrain from weakening protections on national monuments, saying recent executive orders and funding freezes threaten the inherent rights of Indigenous nations to steward and protect their ancestral lands for future generations.
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April 10, 2025
BLM Nominee Drops Out After Trump Criticism Surfaces
Oil and gas advocate Kathleen Sgamma is no longer in line to be the next head of the Bureau of Land Management, dropping out of the running on the morning of her Thursday confirmation hearing shortly after her past comments criticizing President Donald Trump were publicized.
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April 10, 2025
Alaska Asks DC Judge To Halt Tribe's Gaming Hall
The state of Alaska is asking a D.C. federal judge to bar an Alaska Native tribe from operating a gaming hall in Anchorage while the state challenges federal authorization for the facility, arguing that intervention is needed to preserve "the status quo that has existed in Alaska for more than 30 years."
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April 09, 2025
'Evasive' Unions Told To List Fired Probationary Workers
The California federal judge who ordered the reinstatement of many fired probationary federal workers before the U.S. Supreme Court stayed his ruling on Wednesday ordered the public sector unions representing federal staffers to provide a list of their booted members, calling their claims that the information would be difficult to produce "evasive."
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April 09, 2025
Tribe Warns High Court Of Dire Impact If Land Trust Bid Fails
A Michigan tribe seeking to undo an order denying its bid to compel the federal government to take 73 acres into trust for a casino venture outside of Detroit says a Supreme Court rejection of its petition will have disastrous consequences for its members and other similarly situated tribes.
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April 09, 2025
Colo. Says Online Betting Rules Don't Step On Tribal Authority
Colorado has asked a federal judge to toss a lawsuit by two tribes who claim the state is overreaching by trying to regulate online sports betting, arguing its regulations are within the scope of the Indian Gaming Regulatory Act.
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April 09, 2025
Okla. Charter School Funding Args Need Clarity, Justices Told
Indigenous organizations have weighed in on a dispute set to be argued later this month before the U.S. Supreme Court over whether Oklahoma can publicly fund the nation's first Catholic charter school, telling the justices that historical examples cited in the case of the federal government paying for Native boarding schools need clarification.
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April 09, 2025
Trump EPA, FWS Nominees Clear Senate Committee Vote
Three of President Donald Trump's nominees for top positions at the U.S. Environmental Protection Agency and the U.S. Fish and Wildlife Service on Wednesday cleared a Senate committee confirmation vote, clearing the path for a vote by the full body.
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April 08, 2025
US Seeks To Toss Utah Tribe's Water Claims Against Farm
The United States has weighed in on a tribe's dispute against a farm over water use and land rights in Utah federal court, arguing that U.S. officials have approved the water transfer agreements at issue as well as more than 200 others like them.
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April 08, 2025
Tulsa County Seeks Quick Win In Tribal Jurisdiction Dispute
Tulsa County is asking an Oklahoma federal court for an early win in a challenge by the Muscogee (Creek) Nation that looks to block the county and its officials from asserting criminal jurisdiction on its reservation, saying the request is an attack on state and federal Supreme Court precedent.
Expert Analysis
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What CRA Deadline Means For Biden Admin. Rulemaking
With the 2024 election rapidly approaching, the Biden administration must race to finalize proposed agency actions within the next few weeks, or be exposed to the chance that the following Congress will overturn the rules under the Congressional Review Act, say attorneys at Covington.
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Series
Swimming Makes Me A Better Lawyer
Years of participation in swimming events, especially in the open water, have proven to be ideal preparation for appellate arguments in court — just as you must put your trust in the ocean when competing in a swim event, you must do the same with the judicial process, says John Kulewicz at Vorys.
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What 100 Federal Cases Suggest About Changes To Chevron
With the U.S. Supreme Court poised to overturn or narrow its 40-year-old doctrine of Chevron deference, a review of 100 recent federal district court decisions confirm that changes to the Chevron framework will have broad ramifications — but the magnitude of the impact will depend on the details of the high court's ruling, say Kali Schellenberg and Jon Cochran at LeVan Stapleton.
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Don't Use The Same Template For Every Client Alert
As the old marketing adage goes, consistency is key, but law firm style guides need consistency that contemplates variety when it comes to client alert formats, allowing attorneys to tailor alerts to best fit the audience and subject matter, says Jessica Kaplan at Legally Penned.
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Series
Walking With My Dog Makes Me A Better Lawyer
Thanks to my dog Birdie, I've learned that carving out an activity different from the practice of law — like daily outdoor walks that allow you to interact with new people — can contribute to professional success by boosting creativity and mental acuity, as well as expanding your social network, says Sarah Petrie at the Massachusetts Attorney General’s Office.
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Think Like A Lawyer: Follow The Iron Rule Of Trial Logic
Many diligent and eager attorneys include every good fact, point and rule in their trial narratives — spurred by the gnawing fear they’ll be second-guessed for leaving something out — but this approach ignores a fundamental principle of successful trial lawyering, says Luke Andrews at Poole Huffman.
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The Art Of Asking: Leveraging Your Contacts For Referrals
Though attorneys may hesitate to ask for referral recommendations to generate new business, research shows that people want to help others they know, like and trust, so consider who in your network you should approach and how to make the ask, says Rebecca Hnatowski at Edwards Advisory.
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Series
Being An Equestrian Makes Me A Better Lawyer
Beyond getting experience thinking on my feet and tackling stressful situations, the skills I've gained from horseback riding have considerable overlap with the skills used to practice law, particularly in terms of team building, continuing education, and making an effort to reset and recharge, says Kerry Irwin at Moore & Van Allen.
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4 Ways To Refresh Your Law Firm's Marketing Strategy
With many BigLaw firms relying on an increasingly obsolete marketing approach that prioritizes stiff professionalism over authentic connection, adopting a few key communications strategies to better connect with today's clients and prospects can make all the difference, say Eric Pacifici and Kevin Henderson at SMB Law.
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Series
Whitewater Kayaking Makes Me A Better Lawyer
Whether it's seeing clients and their issues from a new perspective, or staying nimble in a moment of intense challenge, the lessons learned from whitewater kayaking transcend the rapids of a river and prepare attorneys for the courtroom and beyond, says Matthew Kent at Alston & Bird.
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This Earth Day, Consider How Your Firm Can Go Greener
As Earth Day approaches, law firms and attorneys should consider adopting more sustainable practices to reduce their carbon footprint — from minimizing single-use plastics to purchasing carbon offsets for air travel — which ultimately can also reduce costs for clients, say M’Lynn Phillips and Lisa Walters at IMS Legal Strategies.
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What Minority Biz Law Ruling Could Mean For Private DEI
A Texas federal court’s recent decision to strike down key provisions of the Minority Business Development Act illustrates the wide-reaching effects of the U.S. Supreme Court's 2023 Students for Fair Admissions v. Harvard decision across legal contexts, say attorneys at Jenner & Block.
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Practicing Law With Parkinson's Disease
This Parkinson’s Awareness Month, Adam Siegler at Greenberg Traurig discusses his experience working as a lawyer with Parkinson’s disease, sharing both lessons on how to cope with a diagnosis and advice for supporting colleagues who live with the disease.
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Series
Playing Hockey Makes Me A Better Lawyer
Nearly a lifetime of playing hockey taught me the importance of avoiding burnout in all aspects of life, and the game ultimately ended up providing me with the balance I needed to maintain success in my legal career, says John Riccione at Taft.
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For Lawyers, Pessimism Should Be A Job Skill, Not A Life Skill
A pessimistic mindset allows attorneys to be effective advocates for their clients, but it can come with serious costs for their personal well-being, so it’s crucial to exercise strategies that produce flexible optimism and connect lawyers with their core values, says Krista Larson at Stinson.