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Native American
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October 20, 2025
EEOC Says It Hasn't Issued Layoff Notices Amid Shutdown
The U.S. Equal Employment Opportunity Commission has not laid off workers during the government shutdown and will not do so per an order blocking the federal government from terminating employees during the lapse in funding, the agency told a California's federal court.
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October 20, 2025
More Fed. Workers Added To TRO Blocking Shutdown Layoffs
A California federal judge who blocked the Trump administration from laying off workers from two unions representing thousands of federal workers has expanded her temporary restraining order to include three more unions and also clarified that the order covered workers with union contracts that the administration is seeking to ditch.
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October 17, 2025
Judge Rejects Seminole Land Suit As 'Shotgun Pleading'
A Florida federal judge dismissed a suit by two members of the Seminole Tribe who claim federal agencies are threatening to confiscate their land inside Big Cypress National Preserve, saying Friday their amended complaint is undoubtedly a "shotgun pleading" and they put forth no facts suggesting otherwise.
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October 17, 2025
Green Biz Group Says Enbridge Exaggerating Pipeline Stakes
An environmental advocacy group made up of Great Lakes businesses told the U.S. Supreme Court on Friday that Enbridge Energy LP and its supporters are overstating claims that shutting down a Michigan segment of one of its petroleum pipelines will threaten energy security.
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October 17, 2025
Congressional Dems Push For No Layoffs At Interior And EPA
Democratic lawmakers are demanding the U.S. Environmental Protection Agency and the U.S. Department of the Interior halt any plans to reduce staff as the federal government shutdown continues into its third week.
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October 17, 2025
Federal Courts To Scale Back Operations Amid Shutdown
The federal court system has run out of money and will scale back operations beginning Monday as a result of the ongoing government shutdown, possibly leading to case delays.
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October 17, 2025
Native Policy Roundup: $128M Protects Tribal, Farm Lands
Despite the U.S. government moving into its third week of a shutdown, state and federal lawmakers continue to introduce — and approve — legislation toward advancing Native American rights and sovereignty. Law360 examines some of the state, federal and tribal legislation and policies introduced in the past week
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October 17, 2025
UC Law School Can Drop Hastings Name, Appeals Court Says
California is allowed to drop Serranus Clinton Hastings' name from the University of California's San Francisco-based law school, a state appeals court has ruled, backing a trial judge's decision to toss a lawsuit filed by the former chief state Supreme Court justice's descendants and various school alumni.
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October 16, 2025
NY Counties Want Court To Toss Rest Of 911 Tribal Bias Suit
Two New York counties have asked a federal judge to rethink her dismissal of only part of a lawsuit brought by the Cayuga Nation that accuses the counties of refusing to forward 911 calls made from the tribe's land to the tribal police unless the nation pays to connect the force to the counties' 911 system.
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October 16, 2025
USDA Can't Curb SNAP Benefits As States Fight Data Demand
A California federal judge on Wednesday preliminarily blocked the U.S. Department of Agriculture from withholding potentially billions of dollars in Supplemental Nutrition Assistance Program benefit funds from states that refuse to turn over highly sensitive personal information on millions of SNAP food assistance benefit recipients.
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October 16, 2025
Fed. Circ. Affirms Dismissal Of Nev. Tribe's $208M Breach Suit
The Federal Circuit on Thursday said it won't overturn a Court of Federal Claims' decision to dismiss the Winnemucca Indian Colony's $208 million breach of trust allegations against the Bureau of Indian Affairs, saying the Nevada tribe failed to identify a substantive source of law that requires compensation.
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October 16, 2025
States Battle Trump Admin To Recover Solar Program Funds
Attorneys general from across the country are suing the Trump administration for allegedly violating the Constitution and federal law by canceling a $7 billion program providing solar equipment to low-income households.
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October 16, 2025
Trump Taps V&E's Swett As New FERC Chair
President Donald Trump will appoint Vinson & Elkins LLP energy regulatory counsel Laura Swett as chair of the Federal Energy Regulatory Commission, the White House confirmed to Law360 Thursday.
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October 16, 2025
Creek Freedmen Seek Contempt Ruling Over Citizenship Delay
Two members of the Muscogee Creek Indian Freedmen Band are seeking to hold the Creek Nation's principal chief and its citizenship board in contempt, alleging that their refusal to issue enrollment cards is a blatant violation of a tribal Supreme Court order that cannot be tolerated.
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October 15, 2025
High Court Leans Toward Limiting Voting Rights Act Suits
The U.S. Supreme Court's conservative supermajority seemed ready Wednesday to further limit the use of the Voting Rights Act in challenging alleged racial discrimination in legislative redistricting, but appeared divided over how to accomplish that.
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October 15, 2025
Meat Industry Fights To Defend Nix Of Slaughterhouse Rules
A meat and poultry industry group has told the Ninth Circuit it opposes green groups' challenge to the federal government's decision to rescind a Biden-era proposal that would have imposed stricter water discharge regulations on slaughtering, processing and rendering facilities.
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October 15, 2025
Judge Sinks Youths' Suit Challenging Trump Energy Orders
A Montana federal judge on Wednesday dismissed a suit by youths seeking to undo President Donald Trump's energy-related emergency orders, saying that it's beyond the power of federal courts to dictate U.S. environmental and energy policy.
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October 15, 2025
Crypto.com Can't Block Nev. Action Over Event Contracts
A Nevada federal judge decided not to bar state gaming regulators from taking action over Crypto.com's event contracts for now, reaching a different conclusion than his earlier ruling in a similar challenge from event contract platform Kalshi after finding that Crypto.com's contracts do not appear to qualify as swaps under the Commodity Exchange Act.
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October 15, 2025
Cherokee Nation Member Appointed IHS Chief Of Staff
The Indian Health Service has appointed a Cherokee Nation citizen as its new chief of staff, responsible for overseeing the coordination of key agency activities, including support for its leadership in a broad range of duties related to development and implementation of initiatives and priorities.
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October 15, 2025
States Seek To Revive FEMA's Disaster-Mitigation Funding
A group of 22 states and the District of Columbia urged a Massachusetts federal court Wednesday to block the Trump administration's termination of a disaster mitigation program under the Federal Emergency Management Agency, arguing such authority lies with Congress.
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October 15, 2025
Mich. AG Urges Justices To Leave Enbridge Suit In State Court
Michigan's attorney general has asked the U.S. Supreme Court to strictly enforce the statutory deadline for transferring a case to federal court and refuse Enbridge Energy LP's entreaties to move her lawsuit seeking to shut down a pipeline out of state court.
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October 15, 2025
Florida Accused Of Hiding Info On Detention Center Grant
A nonprofit focused on protecting the Everglades has accused the Florida Division of Emergency Management of breaking the state's laws by refusing to provide information about federal grant funding for the "Alligator Alcatraz" immigration detention center.
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October 15, 2025
Oregon, Groups Seek Dam Changes For Columbia River Basin
The state of Oregon and several conservation groups asked a federal court to order changes to hydropower dam operations in the Columbia River Basin that they say will reduce harm to endangered salmon and steelhead.
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October 14, 2025
Biden's Alaska Land Plan Faces Repeal After Senate Vote
The U.S. Senate approved the repeal of a Biden-era resource management plan for millions of acres of public land in central and northern Alaska, which the state's congressional delegation said unnecessarily restricted energy and other resource development.
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October 14, 2025
Sioux Descendants Sue US For $5B, Tribal Recognition
A group of Sioux descendants is asking the U.S. Court of Federal Claims for at least $5 billion in damages and an order for federal recognition, arguing that the federal government failed to protect the group's beneficiary rights under 19th century treaties and law.
Expert Analysis
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Series
Collecting Rare Books Makes Me A Better Lawyer
My collection of rare books includes several written or owned by prominent lawyers from early U.S. history, and immersing myself in their stories helps me feel a deeper connection to my legal practice and its purpose, says Douglas Brown at Manatt Health.
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Opinion
Judge Should Not Have Been Reprimanded For Alito Essay
Senior U.S. District Judge Michael Ponsor's New York Times essay critiquing Supreme Court Justice Samuel Alito for potential ethical violations absolutely cannot be construed as conduct prejudicial to the administration of the business of the courts, says Ashley London at the Thomas R. Kline School of Law of Duquesne University.
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Lights, Camera, Ethics? TV Lawyers Tend To Set Bad Example
Though fictional movies and television shows portraying lawyers are fun to watch, Hollywood’s inaccurate depictions of legal ethics can desensitize attorneys to ethics violations and lead real-life clients to believe that good lawyers take a scorched-earth approach, says Nancy Rapoport at the University of Nevada, Las Vegas.
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Perspectives
Accountant-Owned Law Firms Could Blur Ethical Lines
KPMG’s recent application to open a legal practice in Arizona represents the first overture by an accounting firm to take advantage of the state’s relaxed law firm ownership rules, but enforcing and supervising the practice of law by nonattorneys could prove particularly challenging, says Seth Laver at Goldberg Segalla.
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AI Will Soon Transform The E-Discovery Industrial Complex
Todd Itami at Covington discusses how generative artificial intelligence will reshape the current e-discovery paradigm, replacing the blunt instrument of data handling with a laser scalpel of fully integrated enterprise solutions — after first making e-discovery processes technically and legally harder.
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When Innovation Overwhelms The Rule Of Law
In an era where technology is rapidly evolving and artificial intelligence is seemingly everywhere, it’s worth asking if the law — both substantive precedent and procedural rules — can keep up with the light speed of innovation, says Reuben Guttman at Guttman Buschner.
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Imagine The Possibilities Of Openly Autistic Lawyering
Andi Mazingo at Lumen Law, who was diagnosed with autism about midway through her career, discusses how the legal profession can create inclusive workplaces that empower openly autistic lawyers and enhance innovation, and how neurodivergent attorneys can navigate the challenges and opportunities that come with disclosing one’s diagnosis.
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Series
Documentary Filmmaking Makes Me A Better Lawyer
Becoming a documentary filmmaker has allowed me to merge my legal expertise with my passion for storytelling, and has helped me to hone negotiation, critical thinking and problem-solving skills that are important to both endeavors, says Robert Darwell at Sheppard Mullin.
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Litigation Funding Disclosure Debate: Strategy Considerations
In the ongoing debate over whether courts should require disclosure of litigation funding, funders and plaintiffs tend to argue against such mandates, but voluntarily disclosing limited details about a funding arrangement can actually confer certain benefits to plaintiffs in some scenarios, say Andrew Stulce and Marc Cavan at Longford Capital.
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Scope And Nature Of Judicial Relief Will Affect Loper's Impact
The practical result of post-Loper Bright rulings against regulatory actions will depend on the relief courts grant — and there has been controversy in these types of cases over whether the ruling is applied just to the parties or nationwide, and whether the action can be left in place while it's corrected, says Steven Gordon at Holland & Knight.
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Series
Adventure Photography Makes Me A Better Lawyer
Photographing nature everywhere from Siberia to Cuba and Iceland to Rwanda provides me with a constant reminder to refresh, refocus and rethink the legal issues that my clients face, says Richard Birmingham at Davis Wright.
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5 Ways To Create Effective Mock Assignments For Associates
In order to effectively develop associates’ critical thinking skills, firms should design mock assignments that contain a few key ingredients, from messy fact patterns to actionable feedback, says Abdi Shayesteh at AltaClaro.
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Mentorship Resolutions For The New Year
Attorneys tend to focus on personal achievements or career milestones when they set yearly goals, but one important area often gets overlooked in this process — mentoring relationships, which are some of the most effective tools for professional growth, say Kelly Galligan at Rutan & Tucker and Andra Greene at Phillips ADR.
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Series
Coaching Little League Makes Me A Better Lawyer
While coaching poorly played Little League Baseball early in the morning doesn't sound like a good time, I love it — and the experience has taught me valuable lessons about imperfection, compassion and acceptance that have helped me grow as a person and as a lawyer, says Alex Barnett at DiCello Levitt.
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7 Employment Contracts Issues Facing DOL Scrutiny
A growing trend of U.S. Department of Labor enforcement against employment practices that limit workers' rights and avoid legal responsibility shines a light on seven unique contractual provisions that violate federal labor laws, and face agressive litigation from the labor solicitor, says Thomas Starks at Freeman Mathis.