Native American

  • February 06, 2024

    Processor Underpaid Us On Tribal Accounts, Tech Co. Says

    A Las Vegas technology company is accusing a payment processor of neglecting an agreement to pay it a portion of interchange fees on merchant transactions, including thousands of dollars made from patrons of tribal hotels, casinos, shops and restaurants.

  • February 06, 2024

    Calif. Judge Axes Suit Over Pot Destroyed On Tribal Land

    A California federal judge has dismissed a marijuana grower's lawsuit against local law enforcement officials who he claims improperly seized and destroyed his crop lawfully grown on tribal land but is giving him another shot at filing, though she said "it seems unlikely" the farmer's suit will ultimately survive.

  • February 05, 2024

    Groups Urge 9th Circ. To Overturn Alaskan Willow Project

    The Bureau of Land Management should have looked before it leaped in reapproving ConocoPhillips' planned Willow drilling project in Arctic Alaska, the Center for Biological Diversity said Monday, arguing that the agency refused to evaluate the effects of any alternative plans that stranded economically viable oil on the company's land leases.

  • February 05, 2024

    Gold Mine Contractor Can Ditch Navajo's Negligence Claims

    A contractor for the U.S. Environmental Protection Agency can ditch negligence claims brought by the Navajo Nation over its work on a gold mine that spewed 3 million gallons of contaminants in 2015, a New Mexico federal judge ruled on Monday.

  • February 05, 2024

    Feds Slam Intervention Bids In BLM Grazing Analysis Dispute

    The Bureau of Land Management and green groups have asked a D.C. federal court to reject efforts by Idaho, Utah and a coalition of agriculture industry groups to intervene in the environmentalists' lawsuit challenging grazing allotments.

  • February 05, 2024

    States, Businesses Push To Sink Feds' Amended WOTUS Rule

    Texas, Idaho and more than a dozen industry groups are asking a Texas federal judge to throw out the U.S. government's latest rule to define the "waters of the United States," arguing that it oversteps federal authorities under the Clean Water Act, is overly vague and flies in the face of a recent U.S. Supreme Court ruling.

  • February 02, 2024

    Clean Energy Can Revive Fossil Fuel Sites, But Risks Abound

    Building clean energy projects on the sites of shuttered or aging coal- and gas-fired power plants is a multibillion-dollar opportunity to accelerate the U.S. energy transition, but there are steep legal and practical hurdles to clear. Here's a rundown of what developers must grapple with if they want to build green on fossil fuel sites.

  • February 02, 2024

    Youths Say DOJ Using Extreme Tactics To Delay Climate Trial

    Young people who claim the U.S. government is violating their rights with energy policies that are worsening climate change hit back against the Justice Department's latest bid to pause their suit before it can go to trial, saying courts should not tolerate its extreme delay tactics and shocking conduct.

  • February 02, 2024

    Tribes Fight Industry Bid To Weigh In On Land Swap Dispute

    The Shoshone-Bannock Tribes are objecting to two industry groups weighing in on a dispute over a federal land transfer for the expansion of a fertilizer plant, telling the Ninth Circuit that the organizations' "impermissibly partisan" arguments offer no novel legal perspectives on the case.

  • February 02, 2024

    Court's Claims Of Internal Dispute A Myth, Tribe Tells Fed. Circ.

    The Winnemucca Indian Colony is asking the Federal Circuit to overturn a decision that dismissed allegations in a $208 million breach of trust suit against the Bureau of Indian Affairs, saying the Court of Federal Claims wrongly characterized the events that underpinned its litigation as an internal dispute within the tribe.

  • February 02, 2024

    Pennsylvania AG's Clout In Opioid Deal Likely Has Wide Reach

    A Pennsylvania court's ruling that the attorney general had the power to overrule local district attorneys' objections to a big opioid settlement could affect the prosecutors' power dynamic beyond the painkiller litigation, overshadowing other areas where they could share jurisdiction or clash over politically sensitive issues, attorneys told Law360.

  • February 01, 2024

    Texas Judge Says Tribal Telecom Immune To Contract Suit

    A telecom owned by the Gila River Indian Community can't be sued in federal court for $247,000 in unpaid invoices stemming from a contract to provide the company with billing software, a Texas federal court has ruled.

  • February 01, 2024

    GAO Nixes Protests To Army's Costly Pick For $549M Deal

    The U.S. Government Accountability Office freed the U.S. Army Materiel Command from claims it unreasonably snubbed two contractors for an installation support deal in favor of a company with a more expensive bid, saying the command justified the price differential.

  • February 01, 2024

    Pharma Hikma Reaches $150M Opioid Settlement With States

    Hikma Pharmaceuticals and several attorneys general announced a $150 million agreement in principle on Thursday resolving cases brought by a group of states and localities alleging the company fueled the opioid crisis by failing to report suspicious opioid orders from potentially illegal distributors.

  • February 01, 2024

    Ariz. Tribes Push To Halt Work On SunZia Line

    Two tribes and conservation groups are urging an Arizona federal judge to pause construction on a 550-mile power transmission line approved by the U.S. Department of the Interior before the work damages historic and cultural resources they claim the government failed to properly assess and safeguard.

  • February 01, 2024

    Native Microcap Co. Seeks Stay In $3.4M Stock Scam Suit

    The chief executive officer of a penny stock company with Native American ties has asked a New York federal magistrate judge to pause a U.S. Securities and Exchange Commission suit, saying a trial may not be needed because a share buyback deal is underway.

  • February 01, 2024

    Alaska Tribes Seek Canada Recognition To Consult On Mines

    A group of tribal governments in southeast Alaska is asking Canadian regulators to acknowledge its historic presence along the boundary-crossing Unuk River, in order to protect the watershed from open-pit gold and silver mining Skeena Resources Ltd. is proposing in British Columbia.

  • February 01, 2024

    Energy Co. Seeks Final $12.6M Award For Tribal Equipment

    Merit Energy Operations is asking a federal district court to enter judgment after an arbitration panel determined that two Wyoming Native American tribes must pay $12.6 million to purchase equipment from the company after a lease agreement to operate on reservation land expired.

  • January 31, 2024

    8th Circ. Won't Revisit VRA Ruling Nixing Private Right To Sue

    A split Eighth Circuit panel has declined to rehear arguments in a voting rights case in which civil rights groups accuse Arkansas officials of crafting a redistricting plan that dilutes minority voting strength, in turn upholding its prior ruling that private parties can't sue for alleged violations under Section 2 of the Voting Rights Act.

  • January 31, 2024

    ND Tribes' Bid For District Is Gerrymandering, 8th Circ. Told

    The basis for two Native American tribes' dilution allegations in a Voting Rights Act case constitutes a preference for racial gerrymandering in seeking to join their reservations into one elongated district, North Dakota Secretary of State Micheal Howe told the Eighth Circuit.

  • January 31, 2024

    MAGA Hat Teen Asks Justices To Hear Suit Against Media Cos.

    A man suing news organizations for defamation over their coverage of an encounter he had with a Native American activist while he was a teenager wearing a "Make America Great Again" hat is asking the U.S. Supreme Court to revive his claims, saying the Sixth Circuit was wrong to decide that descriptions of his actions during the confrontation were protected opinion.

  • January 31, 2024

    Tribes, Enviro Orgs. Try To Join Tongass Roadless Rule Fight

    A coalition of tribes, conservation groups, fishers and tourism businesses is pushing to help defend a 2023 rule that reinstated roadless area protections for about 9 million acres in Tongass National Forest and is now being challenged by Alaska, power companies and business and industry groups.

  • January 30, 2024

    EEOC's Kotagal Touts New Effort To Bolster Worker Outreach

    The U.S. Equal Employment Opportunity Commission has launched a new initiative led by Commissioner Kalpana Kotagal aimed at making the agency more accessible to workers from marginalized communities, especially in remote parts of the country where the agency's physical presence is limited. 

  • January 30, 2024

    Feds Say Talks Preferred In Wis. Tribal Roads Trespass Suit

    The federal government has said it prefers a negotiated resolution with a northern Wisconsin town that allows it to remain part of a tribal road system, but if an agreement can't be reached, it will continue to pursue trespassing claims and past damages against the municipality.

  • January 30, 2024

    Pipeline Cos. To Pay $7.4M For Oil Spill On Tribal Land

    U.S. officials are proposing an agreement for two companies to pay $7.4 million in penalties to settle Clean Water Act claims stemming from a July 2022 pipeline rupture in Oklahoma that spilled several hundred thousand gallons of crude oil into a creek on land owned by the Sac and Fox Nation.

Expert Analysis

  • Series

    Writing Thriller Novels Makes Me A Better Lawyer

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    Authoring several thriller novels has enriched my work by providing a fresh perspective on my privacy practice, expanding my knowledge, and keeping me alert to the next wave of issues in an increasingly complex space — a reminder to all lawyers that extracurricular activities can help sharpen professional instincts, says Reece Hirsch at Morgan Lewis.

  • What Lawyers Must Know About Calif. State Bar's AI Guidance

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    Initial recommendations from the State Bar of California regarding use of generative artificial intelligence by lawyers have the potential to become a useful set of guidelines in the industry, covering confidentiality, supervision and training, communications, discrimination and more, say attorneys at Debevoise.

  • Industry Must Elevate Native American Women Attys' Stories

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    The American Bar Association's recent research study into Native American women attorneys' experiences in the legal industry reveals the glacial pace of progress, and should inform efforts to amplify Native voices in the field, says Mary Smith, president of the ABA.

  • Understanding Discovery Obligations In Era Of Generative AI

    Excerpt from Practical Guidance
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    Attorneys and businesses must adapt to the unique discovery challenges presented by generative artificial intelligence, such as chatbot content and prompts, while upholding the principles of fairness, transparency and compliance with legal obligations in federal civil litigation, say attorneys at King & Spalding.

  • The Case For Post-Bar Clerk Training Programs At Law Firms

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    In today's competitive legal hiring market, an intentionally designed training program for law school graduates awaiting bar admission can be an effective way of creating a pipeline of qualified candidates, says Brent Daub at Gilson Daub.

  • Attorneys Have An Ethical Duty To Protect The Judiciary

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    The tenor of public disagreement and debate has become increasingly hostile against judges, and though the legislative branch is trying to ameliorate this safety gap, lawyers have a moral imperative and professional requirement to stand with judges in defusing attacks against them and their rulings, says Deborah Winokur at Cozen O'Connor.

  • AI Can Help Lawyers Overcome The Programming Barrier

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    Legal professionals without programming expertise can use generative artificial intelligence to harness the power of automation and other technology solutions to streamline their work, without the steep learning curve traditionally associated with coding, says George Zalepa at Greenberg Traurig.

  • Preparing Law Students For A New, AI-Assisted Legal World

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    As artificial intelligence rapidly transforms the legal landscape, law schools must integrate technology and curricula that address AI’s innate challenges — from ethics to data security — to help students stay ahead of the curve, say Daniel Garrie at Law & Forensics, Ryan Abbott at JAMS and Karen Silverman at Cantellus Group.

  • Bid Protest Spotlight: Instructions, Jurisdiction, Scrutiny

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    In this month's bid protest roundup, Michaela Thornton at MoFo examines three recent protests resolved in the U.S. Court of Federal Claims and the U.S. Government Accountability Office that arose from indefinite-delivery, indefinite-quantity contract awards and offer important reminders about the fundamentals of procurement law.

  • General Counsel Need Data Literacy To Keep Up With AI

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    With the rise of accessible and powerful generative artificial intelligence solutions, it is imperative for general counsel to understand the use and application of data for myriad important activities, from evaluating the e-discovery process to monitoring compliance analytics and more, says Colin Levy at Malbek.

  • A Look At Successful Bid Protests In FY 2023

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    Attorneys at Sheppard Mullin look beyond the statistics in the U.S. Government Accountability Office’s recent annual report on bid protests, sharing their insights about nine categories of sustained protests, gained from reading every fiscal year 2023 decision in which the protester had a positive result.

  • Rite Aid's Reasons For Ch. 11 Go Beyond Opioid Suits

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    Despite opioid-related lawsuits being the perceived reason that pushed Rite Aid into bankruptcy, the company's recent Chapter 11 filing reveals its tenuous position in the pharmaceutical retail market, and only time will tell whether bankruptcy will right-size the company, says Daniel Gielchinsky at DGIM Law.

  • Navigating Discovery Of Generative AI Information

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    As generative artificial intelligence tools become increasingly ubiquitous, companies must make sure to preserve generative AI data when there is reasonable expectation of litigation, and to include transcripts in litigation hold notices, as they may be relevant to discovery requests, say Nick Peterson and Corey Hauser at Wiley.

  • Finding Focus: Strategies For Attorneys With ADHD

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    Given the prevalence of ADHD among attorneys, it is imperative that the legal community gain a better understanding of how ADHD affects well-being, and that resources and strategies exist for attorneys with this disability to manage their symptoms and achieve success, say Casey Dixon at Dixon Life Coaching and Krista Larson at Stinson.

  • House Bill Could Help Resolve 'Waters Of US' Questions

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    Legislation recently introduced in the U.S. House that would restore Clean Water Act protection to areas excluded from it by the U.S. Supreme Court's Sackett v. EPA decision faces an uphill battle, but could help settle the endless debates over the definition of "waters of the United States," says Richard Leland at Akerman.

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