Native American

  • December 20, 2023

    Texas, Mo. Say Feds Overstate Footnote In Border Wall Case

    Texas and Missouri have told a Texas federal judge that the Biden administration's claim that a recent Supreme Court decision bars their ability to challenge its plans to spend border wall funding on things other than new barrier construction hinges on the flawed interpretation of a single footnote in the ruling.

  • December 20, 2023

    Biden Admin Tells 10th Circ. To Uphold Monument Rulings

    The Biden administration is urging the Tenth Circuit to back a pair of lower court rulings finding its two proclamations redesignating large swaths of southern Utah as part of the Bears Ears and Grand Staircase-Escalante national monuments do not exceed presidential limits under federal law.

  • December 20, 2023

    Fragrance Co. In Contract Row Wants Conn. Jury Loss Tossed

    A formerly Native American-controlled shampoo fragrance supplier that lost an $8.4 million bid for damages in a commercial contract feud now wants a Connecticut state court judge to undo last month's verdict in favor of its opponent, arguing that the jury was confused about the law.

  • December 20, 2023

    9th Circ. Won't Block Willow Project In Alaska During Appeal

    ConocoPhillips can continue winter construction on its controversial Willow oil and gas project on Alaska's North Slope as the Ninth Circuit considers an appeal from Native American advocacy and conservation groups to overturn the Bureau of Land Management's approvals of the project, the panel has said.

  • December 20, 2023

    Tribes Pressed VRA Cases In 2023, With Many Still Playing Out

    At least 100 civil rights groups, minority coalitions and Native American tribes in 2023 continued their challenges to voter redistricting efforts in at least half a dozen states, with more set to play out into the new year in the appellate courts.

  • December 20, 2023

    The Top Bankruptcy Cases And Issues Of 2023

    With the curtain closing on 2023, bankruptcy experts say the past year has featured cases and legal issues of great importance to the practice area that will have implications for years to come.

  • December 20, 2023

    Sport Fishers Say Tribes' Pact Threatens Great Lakes

    An organization representing sport fishers told the Sixth Circuit a new fishing pact between tribes and the state of Michigan lacks guardrails to prevent overfishing and endangers the Great Lakes fisheries.

  • December 20, 2023

    Reps. Urge High Court To Take On Ore. Monument Challenges

    More than two dozen Republican lawmakers are asking the Supreme Court to take up challenges to rulings upholding former President Barack Obama's expansion of the Cascade-Siskiyou National Monument on the Oregon-California border, and rein in presidential uses of the Antiquities Act of 1906.

  • December 20, 2023

    The Biggest Environmental Regulatory Actions Of 2023

    The Biden administration continued to strengthen environmental regulations during 2023, finalizing rules that imposed new asbestos reporting requirements, banning some uses of hydrofluorocarbons and cracking down on methane emissions, as well as floating a new proposal to control greenhouse gas pollution from power plants — but a signature Clean Water Act action was dealt a devastating blow by the U.S. Supreme Court. Here are some of the top environmental policy developments in 2023.

  • December 19, 2023

    AmerisourceBergen Ruling Sharpens Del.'s Compliance Focus

    The Delaware Supreme Court's revival of a multibillion-dollar stockholder derivative suit against drug giant AmerisourceBergen Corp. has heightened court concern for assuring fiduciary loyalty and care compliance among state-chartered companies caught up in lawbreaking claims elsewhere, experts told Law360.

  • December 19, 2023

    Gov't Nears Deal In $129M Loan Fight With Telecom

    Sandwich Isles Communications and a U.S. Department of Agriculture bank have come to general terms about how and when to sell off the Hawaii-based telecom carrier's assets to help pay back the $129 million in federal loans it defaulted on, according to a recent filing.

  • December 19, 2023

    Calif. Tribe Says Union Must Wait To Finish Labor Arbitration

    A California tribe is seeking to dismiss allegations it refused to select an arbitrator to count signed cards that would allow casino employees to unionize, arguing the court lacks subject matter jurisdiction over the issue and the claims are unripe, as talks between the parties have already started.

  • December 19, 2023

    Senate Confirms Former Cherokee Nation AG To Judgeship

    The Senate voted 52-14 on Tuesday to confirm former attorney general of the Cherokee Nation Sara Hill to serve on the bench of the Northern District of Oklahoma.

  • December 19, 2023

    Tribal Leaders Call For More Support To Sustain Broadband

    Native American telecoms are urging the Federal Communications Commission to ensure broadband networks on tribal lands can be sustained long-term, not backed only by one-time investments through development funds.

  • December 19, 2023

    Calif. Tribe Says Compact Moots 'Bad Faith' Negotiations Suit

    The Redding Rancheria, a federally recognized tribe in Northern California, has told a federal judge that a new gambling compact moots the bad faith negotiations suit it lodged against the Golden State.

  • December 18, 2023

    'Pay-As-You-Trespass' Remedy Can't Stand, Tribe Argues

    Enbridge Energy Co. shouldn't be allowed to pay essentially "fair rental value" with a lower court's three-year pass allowing the company to continue operating a controversial pipeline on reservation land despite federal law stating such forced conveyance is invalid, a native tribe in Wisconsin told the Seventh Circuit.

  • December 18, 2023

    Del. Justices Reverse Chancery AmerisourceBergen Suit Toss

    Delaware's Supreme Court on Monday overturned a 2022 Chancery Court order that dismissal of federal opioid-related damage claims against AmerisourceBergen in West Virginia justified scuttling a multibillion-dollar stockholder derivative lawsuit, finding the decision "inconsistent" with the court's rules for derivative actions and evidence.

  • December 18, 2023

    Army Corps Wrongly Rejected Bids Over Scanned Signatures

    A Court of Federal Claims judge ruled that the U.S. Army Corps of Engineers unreasonably excluded a company from consideration for construction contracts after submitting copied bid bonds, saying the Corps relied on an "irrational" U.S. Government Accountability Office decision.

  • December 18, 2023

    Kentucky Urges 6th Circ. To Revive WOTUS Suit

    Kentucky on Monday urged the Sixth Circuit to revive its lawsuit challenging the federal government's controversial rule defining its jurisdiction under the Clean Water Act.

  • December 18, 2023

    Alaska LNG Enviro Review Still Lacking, DC Circ. Told

    The U.S. Department of Energy continues to unlawfully discount the climate change harms associated with a $43 billion liquefied natural gas project in Alaska despite performing a supplemental environmental review, environmental groups told the D.C. Circuit.

  • December 18, 2023

    Feds Defend Chevron Deference In Second High Court Case

    The federal government on Friday reiterated its plea to the U.S. Supreme Court to preserve a long-standing legal doctrine that allows judges to defer to executive branch agency legal interpretations in some rulemaking processes.

  • December 18, 2023

    Calif. County Sued For 'Shock And Awe' Raid On Cannabis Op

    A former Army Green Beret officer is suing Riverside County, California, claiming an unlawful "shock and awe" raid by its sheriff's department laid waste to a permitted cannabis operation on sovereign Torres Martinez Desert Cahuilla Indian Tribe land, causing more than $10 million in losses and damages.

  • December 18, 2023

    ND Needs More Time For New Voting Map, Lawmakers Say

    The North Dakota Legislative Assembly is asking the Eighth Circuit for "a reasonable opportunity" to come up with a new redistricting plan that would remedy Voting Rights Act violations, saying a lower court's Dec. 22 deadline does not allow enough time for remedial legislation to get through the state's processes.

  • December 18, 2023

    Feds Lean On High Court Immigration Win In Border Wall Row

    The Biden administration rebuked red states' efforts to block plans to spend border wall funding on remediation projects instead of new construction, telling the Texas federal court that a recent high court victory doomed claims that the plan was harmful.

  • December 15, 2023

    The Biggest Trademark Rulings of 2023

    The U.S. Supreme Court decided the First Amendment does not shield a poop-themed dog toy from infringement claims in a suit over a parody of Jack Daniel's famous whiskey bottles, and the justices concluded federal trademark law does not extend to conduct in other countries. Here are Law360's picks for the biggest trademark rulings of 2023.

Expert Analysis

  • Opinion

    Bar Score Is Best Hiring Metric Post-Affirmative Action

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    After the U.S. Supreme Court's ruling striking down affirmative action admissions policies, law firms looking to foster diversity in hiring should view an applicant's Multistate Bar Examination score as the best metric of legal ability — over law school name or GPA, says attorney Alice Griffin.

  • Ghosting In BigLaw: How To Come Back From Lack Of Feedback

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    Junior associates can feel powerless when senior colleagues cut off contact instead of providing useful feedback, but young attorneys can get back on track by focusing on practical professional development and reexamining their career priorities, says Rachel Patterson at Orrick.

  • Washington State Puts Environmental Justice At The Forefront

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    Two laws — the Healthy Environment for All Act and the Climate Commitment Act — have given Washington one of the most progressive environmental justice frameworks of any state in the country, and the resulting regulatory framework, which became fully effective on July 1, makes environmental justice assessments a key part of many projects, say attorneys at K&L Gates.

  • Steps To Success For Senior Associates

    Excerpt from Practical Guidance
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    Adriana Paris at Rissman Barrett discusses the increased responsibilities and opportunities that becoming a senior associate brings and what attorneys in this role should prioritize to flourish in this stressful but rewarding next level in their careers.

  • Legal Profession Must Do More For Lawyers With Disabilities

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    At the start of Disability Pride month, Rosalyn Richter at Arnold & Porter looks at why lawyers with disabilities are significantly underrepresented in private practice, asserting that law firms and other employers must do more to conquer the implicit bias that deters attorneys from seeking accommodations.

  • Is There A New 'Moderate Questions' Doctrine?

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    The D.C. Circuit's recent Heating v. EPA decision signals that courts may begin to approach agency reliance on general statutory authorization with skepticism similar to the "major questions" doctrine the U.S. Supreme Court announced in West Virginia v. EPA last year, even in less major cases, says Jason Neal at HWG.

  • DC Circ.'s Perchlorate Ruling Means Regulatory Restart

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    The D.C. Circuit's recent ruling in National Resources Defense Council v. Regan, requiring the U.S. Environmental Protection Agency to regulate perchlorate under the Safe Drinking Water Act, reopens a decadeslong regulatory debate and creates renewed uncertainty for companies, say attorneys at Alston & Bird.

  • Opinion

    Appellate Funding Disclosure: No Mandate Is Right Choice

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    The Advisory Committee on Appellate Rules' recent decision, forgoing a mandatory disclosure rule for litigation funding in federal appeals, is prudent, as third-party funding is only involved in a minuscule number of federal cases, and courts have ample authority to obtain funding information if necessary, says Stewart Ackerly at Statera Capital.

  • The Road Ahead For EPA's Greenhouse Gas Reduction Efforts

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    Recent U.S. Environmental Protection Agency actions could help the Biden administration's goals of decarbonizing the electricity sector, but they will have to potentially overcome technical, legal and political challenges, says Andrew Shaw at Dentons.

  • How Attys Can Avoid Exposing Their Firms To Cyberattacks

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    Attorneys are the weakest link in their firms' cyberdefenses because hackers often exploit the gap between individuals’ work and personal cybersecurity habits, but there are some steps lawyers can take to reduce the risks they create for their employers, say Mark Hurley and Carmine Cicalese at Digital Privacy & Protection.

  • What Purdue Ch. 11 Means For Future Of Third-Party Releases

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    The Second Circuit’s highly anticipated ruling approving Purdue Pharma’s bankruptcy plan establishes stringent factors that lower courts must consider before approving nonconsensual third-party releases, but the circuit split on the matter means the issue is far from resolved, say Gregory Hesse and Kollin Bender at Hunton.

  • Virginia 'Rocket Docket' Slowdown Is Likely A Blip

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    After being the fastest or second-fastest federal civil trial court for 14 straight years, the Eastern District of Virginia has slid to 18th place, but the rocket docket’s statistical tumble doesn't mean the district no longer maintains a speedy civil docket, says Robert Tata at Hunton.

  • NEPA Reforms May Aid Project Speed, But Red Tape Remains

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    The Fiscal Responsibility Act of 2023 included amendments to the National Environmental Policy Act that are designed to streamline the federal environmental review process for infrastructure projects, but coordination with agencies and early stakeholder engagement are still likelier to lead to successful outcomes than time and page limits, say Jena Maclean and Stephanie Regenold at Perkins Coie.

  • Takeaways From Tribes' High Court Adoption Case Victory

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    The U.S. Supreme Court's decision in Haaland v. Brackeen, upholding the Indian Child Welfare Act, leaves the door open for individuals to bring equal protection claims, but generally bodes well for future tribal issues that reach the court, says Sarah Murray at Brownstein Hyatt.

  • 5 Management Tips To Keep Law Firm Merger Talks Moving

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    Many law firm mergers that make solid business sense still fall apart due to the costs and frustrations of inefficient negotiations, but firm managers can increase the chance of success by effectively planning and executing merger discussions, say Lisa Smith and Kristin Stark at Fairfax Associates.

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