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Native American
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August 04, 2025
3rd Circ. Denies Tribal Lender Immunity In Payday Loan Suit
The Third Circuit ruled Monday that tribal immunity doesn't shield GreatPlains Finance LLC from class claims over payday loan interest rates, reasoning that a judgment wouldn't affect the tribe's revenue.
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August 04, 2025
Lawmakers Jumpstart Work On Telecom Subsidy Reform
A working group of U.S. senators focused on reforms to the nation's telecommunications subsidy system has started gathering the public's views on legislation.
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August 01, 2025
States Can't Block Trump Admin's Cuts To Science Grants
A Manhattan federal judge on Friday rejected a request from 16 states to block the Trump administration from cutting millions of dollars in grant funds from the National Science Foundation for scientific research and programs aimed at enhancing diversity, equity and inclusion in STEM fields and environmental justice.
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August 01, 2025
Wheeling & Appealing: Midyear Highlights For Every Circuit
In this special edition of Wheeling & Appealing, we're spotlighting key decisions and developments in every circuit court during the first half of 2025, while also previewing August's most intriguing oral arguments, including a remarkably "fierce" showdown between Edible Arrangements and 1-800-Flowers with millions of dollars in attorney fees on the line.
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August 01, 2025
Kalshi Gets Ex-Lawmakers' Backing In 3rd Circ. Betting Row
A bipartisan group of former federal lawmakers is urging the Third Circuit to continue preventing New Jersey gambling regulators from taking action over KalshiEx's sports contracts, saying Congress intended for the U.S. Commodity Futures Trading Commission to have the final say on event contracts trading on federally regulated markets.
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August 01, 2025
DC Circ. Upholds FERC's Limited Review Of Texas Pipeline
The D.C. Circuit on Friday backed the Federal Energy Regulatory Commission's decision to limit its review of a Texas pipeline to a 1,000-foot section near the U.S.-Mexico border, saying the agency had reasonably explained why a broader review wasn't required.
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August 01, 2025
AGs Sue Trump Over 'Onslaught Of Pressure' On Trans Care
The Trump administration has improperly "weaponized" federal laws against drug misbranding, false claims and female genital mutilation as part of a pressure campaign to undermine state protections for gender-affirming care, a coalition of state attorneys general argued in a new suit Friday.
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August 01, 2025
Calif. Tribe Can't Halt Tobacco Ruling Amid Ninth Circuit Fight
A California federal court won't order the Bureau of Alcohol, Tobacco, Firearms and Explosives to remove the Twenty-Nine Palms Band of Mission Indians from a noncompliance list over the alleged sale of cigarettes to non-Native customers while the tribe appeals the decision to the Ninth Circuit.
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August 01, 2025
Alaskan Tribe's Breach Claim Axed In Gold Mine Permit Fight
An Alaska judge threw out a breach of trust claim against the federal government and a mining company in a challenge to a U.S. Army Corps of Engineers decision to issue a permit for an open gold mine near the Yukon border.
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August 01, 2025
NC Legislation Highlights Of The 1st Half Of 2025
The North Carolina General Assembly has pushed through another round of hurricane relief aid to help the western swath of the state while lawmakers remain in talks to repeal a long-standing healthcare law that critics say hampers competition. Here are five North Carolina bills from the year's first half that saw the governor's stamp of approval or remain up for debate.
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July 31, 2025
Tribe Can Join Fight Against 'Alligator Alcatraz,' Judge Says
A Florida federal judge has allowed the Miccosukee Tribe of Indians of Florida to intervene in a lawsuit filed by green groups against the immigration detention center known as "Alligator Alcatraz" constructed in the Everglades after the tribe argued the facility poses a direct threat to its livelihood.
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July 31, 2025
State Regulators Push FERC To Nix $22B Grid Projects Plan
Several state utility regulators have urged the Federal Energy Regulatory Commission to reject a regional grid operator's $21.8 billion transmission development plan, saying the plan's benefits are overstated and wrongly forces them to subsidize the clean energy goals of other states.
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July 31, 2025
NY Gaming Commission Can't Escape Tribal Lottery Row
A federal judge denied a renewed bid by the New York State Gaming Commission to dismiss a challenge by the Cayuga Nation that looks to block the entity from operating lottery games on the tribe's self-proclaimed reservation, saying the commissioners failed to establish a lack of equity jurisdiction.
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July 31, 2025
Senate Panel OKs Bill To Elevate Tribal Border Agents' Roles
The U.S. Senate Committee on Homeland Security and Governmental Affairs has advanced a bill aimed at strengthening border security and expanding career opportunities for Native American law enforcement agents on tribal lands through the Shadow Wolves program.
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July 31, 2025
FCC Reversing Gains On Broadband Study, Groups Say
Public interest groups say the Federal Communications Commission is poised to reverse progress that it made in recent years in gauging the affordability and adoption of broadband service across the country.
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July 31, 2025
ABA Seeks To Toss Race Bias Suit Over Scholarship Program
The American Bar Association urged an Illinois federal court to throw out a lawsuit from The American Alliance for Equal Rights alleging the association's Legal Opportunity Scholarship Fund constitutes race-based discrimination, arguing that the claims are simply a "'desire to vindicate' a particular 'view of the law.'"
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July 31, 2025
Judge Questions Gov't Objection To Shielding FEMA Funds
A Massachusetts federal judge Thursday questioned the Trump administration's assertion that it has not redirected funds allocated by Congress for natural disaster mitigation efforts toward other Federal Emergency Management Agency programs, even as the government was objecting to states' narrow request to protect the funds for now.
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July 30, 2025
8th Circ. Tosses Ruling Striking Binding NEPA Regulations
The Eighth Circuit has granted blue states' bid to vacate a ruling that faulted the White House Council on Environmental Quality for issuing binding regulations under the National Environmental Policy Act, following the Trump administration's decision to withdraw those regulations.
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July 30, 2025
Calif. Tribe Says 70-Acre Casino Land Fight Must Continue
The Federated Indians of Graton Rancheria are fighting a bid by a fellow California tribe to pause their challenge to the U.S. Department of the Interior's decision to take 70 acres into trust for a casino project while a sovereign immunity order is appealed to the Ninth Circuit.
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July 30, 2025
Noem Hit With Religious Discrimination Suit Over Ayahuasca
A Florida woman alleges in a new federal discrimination lawsuit that U.S. Customs and Border Protection rescinded her job offer after she disclosed her religious practice includes consumption of ayahuasca tea, a federally controlled substance.
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July 30, 2025
Cable Industry Seeks Bar On Rate Regulation Under BEAD
Independent cable providers are urging the U.S. Department of Commerce to guard against policies that could be construed as rate regulation as it continues a revamp of more than $42 billion in broadband funding to states and territories.
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July 30, 2025
Trump Official Denies Shutting Down FEMA Disaster Program
The administrator of the Federal Emergency Management Agency told a Massachusetts federal judge that President Donald Trump's administration has not decided whether to end the agency's flagship natural disaster protection program, despite a lawsuit by 20 states claiming it had been shut down.
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July 30, 2025
Calif. Residents Urge Justices To Take Up Jury Trial Question
A group of Humboldt County, California, property owners is urging the U.S. Supreme Court to take up the group's appeal over the dismissal of its Seventh Amendment claim for a jury trial in a suit against the county alleging the county wrongly targeted the owners for illegal cannabis growth, saying the justices should reject the county's argument that the question is not ripe.
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July 29, 2025
States Sue To Block Feds' Demand For Benefit Recipient Data
Nearly two dozen state attorneys general are fighting the USDA's directive for states to turn over private information about millions of food assistance benefit recipients, arguing in a new lawsuit filed in California federal court that this demand violates multiple privacy laws and the U.S. Constitution.
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July 29, 2025
9th Circ. Urged To Rehear Alaskan Willow Project Ruling
Alaskan Native and environmental advocacy groups are asking the Ninth Circuit for a rehearing on its ruling to uphold the federal government's decision to evaluate only alternatives for the ConocoPhillips Willow project that they say will result in full development of the Arctic oil reservoir.
Expert Analysis
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Permitting, Offtake Among Offshore Wind Challenges In 2024
Although federal offshore wind development started to pick up this year, many challenges to the industry became apparent as well — including slow federal permitting, the pitfalls of restarting permits after changes in project status, and the difficulties of negotiating economically viable offtake agreements, say attorneys at Liskow & Lewis.
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Series
Gardening Makes Me A Better Lawyer
Beyond its practical and therapeutic benefits, gardening has bolstered important attributes that also apply to my litigation practice, including persistence, patience, grit and authenticity, says Christopher Viceconte at Gibbons.
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Litigation Inspiration: Reframing Document Review
For attorneys — new ones especially — there is much fulfillment to find in document review by reflecting on how important, interesting and pleasant it can be, says Bennett Rawicki at Hilgers Graben.
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Series
Flying Makes Me A Better Lawyer
Achieving my childhood dream of flying airplanes made me a better lawyer — and a better person — because it taught me I can conquer difficult goals when I leave my comfort zone, focus on the demands of the moment and commit to honing my skills, says Ivy Cadle at Baker Donelson.
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Series
Circus Arts Make Me A Better Lawyer
Performing circus arts has strengthened my ability to be more thoughtful, confident and grounded, all of which has enhanced my legal practice and allowed me to serve clients in a more meaningful way, says Bailey McGowan at Stinson.
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3 Ways To Train Junior Lawyers In 30 Minutes Or Less
Today’s junior lawyers are experiencing a skills gap due to pandemic-era disruptions, but firms can help bring them up to speed by offering high-impact skill building content in bite-sized, interactive training sessions, say Stacey Schwartz at Katten, Diane Costigan at Winston & Strawn and Lauren Tierney at Freshfields.
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The Bar Needs More Clarity On The Discovery Objection Rule
Almost 10 years after Federal Rule of Civil Procedure 34 was amended, attorneys still seem confused about what they should include in objections to discovery requests, and until the rules committee provides additional clarity, practitioners must beware the steep costs of noncompliance, says Tristan Ellis at Shanies Law Office.
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Series
Being A Navy Reservist Makes Me A Better Lawyer
Serving this country in uniform has not only been one of the greatest honors of my life, but it has also provided me with opportunities to broaden my legal acumen and interpersonal skills in ways that have indelibly contributed to my civilian practice, says Phillip Smith at Weinberg Wheeler.
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So You Want To Move Your Law Practice To Canada, Eh?
Google searches for how to move to Canada have surged in the wake of the U.S. presidential election, and if you’re an attorney considering a move to the Great White North, you’ll need to understand how the practice of law differs across the border, says David Postel at Henein Hutchison.
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Promoting Diversity In The Selection Of ADR Neutrals
Excerpt from Practical Guidance
Choosing neutrals from diverse backgrounds is an important step in promoting inclusion in the legal profession, and it can enhance the legitimacy and public perception of alternative dispute resolution proceedings, say attorneys at Lowenstein Sandler.
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Series
Playing Ultimate Makes Us Better Lawyers
In addition to being fun, ultimate Frisbee has improved our legal careers by emphasizing the importance of professionalism, teamwork, perseverance, enthusiasm and vulnerability, say Arunabha Bhoumik and Adam Bernstein at Regeneron.
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E-Discovery Quarterly: Recent Rulings On Metadata
Several recent rulings reflect the competing considerations that arise when parties dispute the form of production for electronically stored information, underscoring that counsel must carefully consider how to produce and request reasonably usable data, say attorneys at Sidley.
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Striking A Balance Between AI Use And Attorney Well-Being
As the legal industry increasingly adopts generative artificial intelligence tools to boost efficiency, leaders must note the hidden costs of increased productivity, and work to protect attorneys’ well-being while unlocking AI’s full potential, says Ed Sohn at Factor.
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Empathy In Mediation Offers A Soft Landing For Disputes
Experiencing a crash-landing on a recent flight underscored to me how much difference empathy makes in times of crisis or stress, including during mediation, says Eydith Kaufman at Alternative Resolution Centers.
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Series
Being An Artist Makes Me A Better Lawyer
My work as an artist has highlighted how using creativity and precision together — qualities that are equally essential in both art and law — not only improves outcomes, but also leads to more innovative and thoughtful work, says Sarah La Pearl at Segal McCambridge.