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Native American
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July 23, 2025
Feds Fight Bid To Block Domestic Violence Grant Restrictions
The U.S. Department of Justice is fighting a bid by a group of domestic violence coalitions to block restrictions imposed on grants from its Office on Violence Against Women, arguing that a Rhode Island federal court lacks jurisdiction over the group's claims and that the Tucker Act instead gives jurisdiction to the U.S. Court of Federal Claims.
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July 22, 2025
After 8th Circ. Ruling, Hemp Co. Drops Suit Against SD Ban
A South Dakota hemp retailer has moved to voluntarily dismiss its federal lawsuit challenging the state's ban on the processing of hemp derivatives into intoxicating products, days after the Eighth Circuit upheld a similar Arkansas law.
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July 22, 2025
Gov'ts, Tribes Look To Settle Idaho Mining Pollution Suit
The U.S. government, Idaho and a tribal nation are asking a federal judge to approve an unopposed settlement with a phosphate ore mining company over its alleged dumping of hazardous substances within a national forest.
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July 22, 2025
ND Fights Tribes' High Court Bid To Stay Voting Rights Order
North Dakota Secretary of State Michael Howe urged U.S. Supreme Court Justice Brett Kavanaugh to deny a bid by two North Dakota tribes to pause an Eighth Circuit decision that vacated their challenge to two state voting laws, arguing the tribes have not established a likelihood of reversal.
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July 22, 2025
Native Groups Reject Trump's Call For Old Team Names
Two Native American advocacy groups are condemning President Donald Trump's threat to kill a $3 billion plan for the new Washington Commanders stadium if the NFL team's former name isn't reinstated, saying Indigenous cultures are not past relics, mascots or forms of entertainment.
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July 22, 2025
Sable Aims To Sink Groups' Suit Over Calif. Oil Platforms
Sable Offshore Corp. told a California federal judge that green groups didn't follow proper litigation notice rules, dooming their lawsuit alleging the federal government failed to require the company to update safety and pollution control plans at drilling facilities.
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July 21, 2025
Nonprofits Take Aim At New HUD Grant Rules
A coalition of nonprofit groups filed suit Monday in Rhode Island federal court, challenging new conditions for U.S. Department of Housing and Urban Development grants that target diversity, equity and inclusion programs; abortion access; and transgender individuals.
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July 21, 2025
Energy Litigation To Watch In The 2nd Half Of 2025
Courtroom showdowns between the Trump administration and blue states over U.S. energy and climate change policy will dominate the energy litigation landscape for the rest of 2025. Here is what the energy industry will be watching closely in the second half of the year.
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July 21, 2025
California Invests $10M In Tribal College's Accreditation Push
A $10 million California budget allocation is bringing a Native American college one step closer to receiving federal tribal accreditation, which, in turn, will bring future employment, student financial grants and loan opportunities.
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July 21, 2025
Wis. Homeowners Lack Basis For Tax Burden Suit, Court Told
A Wisconsin county, town and tribal school district pushed a federal court to throw out a suit by homeowners who claim the government entities have conspired to expand the Menominee Indian Tribe's holdings of tax-exempt land and increase taxpayers' burden, saying the homeowners lacked standing.
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July 21, 2025
Stadium Deal Still On Despite Trump Threat, DC Officials Say
The mayor and City Council chair of Washington, D.C., said on Monday that they were focusing on their roles in approving the $3 billion plan for a new stadium for the NFL's Commanders, regardless of President Donald Trump's weekend threat to kill the deal if the team's racist former nickname was not brought back.
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July 21, 2025
Judge Allows Calif. Tribe In Casino Suit, Denies Dismissal Bid
A California tribe at the center of a dispute over a decision to take 70 acres into trust for its proposed Sonoma County hotel and casino project can intervene in the litigation, a federal judge said, while finding that the Indigenous nation cannot dismiss the case based on sovereign immunity.
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July 18, 2025
Law360 Names 2025's Top Attorneys Under 40
Law360 is pleased to announce the Rising Stars of 2025, our list of more than 150 attorneys under 40 whose legal accomplishments belie their age.
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July 18, 2025
Judge Demands Layoff Plans From Trump Administration
A California federal judge on Friday ordered the Trump administration to hand over reorganization and reduction-in-force plans linked to an executive order directing layoffs at federal agencies, finding that the government's privilege claim was outweighed by the plaintiffs' need for the information to pursue their claims under the Administrative Procedure Act.
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July 18, 2025
Feds Fight Bid To Block Pacific Monument Fishing Permits
The federal government is fighting a bid by conservation groups to vacate a letter by the Trump administration that they say gave the go-ahead for permit holders to commercially fish in a Pacific Coast national monument, arguing it wasn't an agency decision that has any legal rights or obligations.
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July 18, 2025
Interior Process Tweaks Will Further Stymie Wind And Solar
The wind and solar energy industries, already stressed by Trump administration and congressional regulatory and financial restraints, face a new roadblock as the Department of the Interior will increasingly involve its political leadership in project approval process details.
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July 18, 2025
Hearing Set In Phoenix For Oak Flat Copper Mine Lawsuits
An Arizona federal judge has set an August hearing date to consider injunction bids by the San Carlos Apache Tribe and environmental groups in their lawsuits seeking to block Resolution Copper Co.'s mining project on Oak Flat, an ancient tribal worship site.
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July 18, 2025
Judge Unsure Of Alternatives To Nationwide Birthright Ruling
A Massachusetts federal judge on Friday wrestled with how the government would implement any alternatives to a nationwide block on President Donald Trump's order limiting birthright citizenship and what type of decision would comply with recent high court precedent.
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July 18, 2025
Top 5 Energy Decisions Of 2025: A Midyear Report
A game-changing U.S. Supreme Court ruling that could significantly narrow federal environmental reviews of energy projects punctuated a busy first half of 2025 for the industry in the courts. Here are several court decisions that stood out for energy attorneys in the first half of this year.
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July 17, 2025
Calif. Tribe Renews $700M Casino Suit With Lobbying Claim
A D.C. federal judge will let a California tribe amend its suit against the U.S. Department of the Interior for axing its eligibility to run a proposed $700 million casino on new claims that a competing tribe successfully orchestrated a politically influential lobbying campaign.
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July 17, 2025
Public, Tribal Stations Face Shutdown As Senate Cuts Funds
America's Public Television Stations says it is "devastated" by the U.S. Senate's decision to pass a bill that would claw back $9 billion in congressionally appropriated funds, including all the money allocated for local public television stations.
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July 17, 2025
Omaha Tribe Leads Nebraska In Cannabis Legalization Push
The Omaha Tribe of Nebraska is now the first Indigenous nation in the state to legalize and regulate medical and recreational cannabis use on tribal lands, putting it ahead of the state currently embroiled in litigation over voter-approved ballot referendums on the issue.
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July 17, 2025
Iowa Church Says DEA Can't 'Pocket Veto' Drug Exemption
An Iowa church is asking the D.C. Circuit to force the Drug Enforcement Administration to rule on an application it filed more than six years ago for a religious exemption to use a psychedelic in its services, saying the DEA shouldn't be allowed to "pocket veto" the application and leave the church hanging.
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July 16, 2025
Justice Kavanaugh Pauses 8th Circ.'s Voting Rights Ruling
Supreme Court Justice Brett Kavanaugh on Wednesday administratively paused an Eighth Circuit decision to vacate two North Dakota tribes' challenge to two of the state's voting laws, pending the outcome of a forthcoming petition to the full high court.
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July 16, 2025
States Push To Keep Nationwide Block On Birthright Order
A coalition of states told a Massachusetts federal court Tuesday that nothing less than a nationwide injunction can provide complete relief in the states' case against President Donald Trump's executive order targeting birthright citizenship.
Expert Analysis
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Opinion
Inconsistent Injury-In-Fact Rules Hinder Federal Practice
A recent Third Circuit decision, contradicting a previous ruling about whether consumers of contaminated products have suffered an injury in fact, illustrates the deep confusion this U.S. Supreme Court standard creates among federal judges and practitioners, who deserve a simpler method of determining which cases have federal standing, says Eric Dwoskin at Dwoskin Wasdin.
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In-House Counsel Pointers For Preserving Atty-Client Privilege
Several recent rulings illustrate the challenges in-house counsel can face when attempting to preserve attorney-client privilege, but a few best practices can help safeguard communications and effectively assert the privilege in an increasingly scrutinized corporate environment, says Daniel Garrie at Law & Forensics.
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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.