Native American

  • January 22, 2024

    Feds Defend Ability To Take Land Into Trust For Alaska Tribes

    The U.S. government is urging an Alaska federal judge to reject the state of Alaska's arguments that the Interior Department's decision to take a 787-square-foot piece of land in downtown Juneau in trust for the Central Council of Tlingit and Haida Indian Tribes oversteps its authority or threatens state jurisdiction.

  • January 22, 2024

    Motley Rice Fights DQ Bid In Opioid MDL

    Law firms representing governments suing over the opioid epidemic on Monday told an Ohio federal judge that "corporate wrongdoers" don't get to pick who sues them, in response to a pharmacy benefit manager's bid to disqualify Motley Rice LLC over its representation of other governments in prescription drug disputes.

  • January 22, 2024

    Ariz. 'Fintech Sandbox' Regulator Joins Greenberg Traurig

    Greenberg Traurig LLP's newest shareholder is an experienced financial technology regulator who has joined the firm's Phoenix office after nine years of government service.

  • January 22, 2024

    Justices To Consider If Feds Can Stop Rio Grande Water Deal

    The U.S. Supreme Court on Monday agreed to consider whether the federal government has the authority to scuttle a Rio Grande water sharing agreement between Texas, New Mexico and Colorado.

  • January 22, 2024

    High Court Won't Review Tribal Bond Scam Case

    The U.S. Supreme Court on Monday denied a petition by a former private equity professional to appeal his conviction and one-year prison sentence for allegedly helping a career con artist to execute a $60 million tribal bond scam.

  • January 19, 2024

    Law360 Names Firms Of The Year

    Eight law firms have earned spots as Law360's Firms of the Year, with 55 Practice Group of the Year awards among them, steering some of the largest deals of 2023 and securing high-profile litigation wins, including at the U.S. Supreme Court.

  • January 19, 2024

    Law360 Names Practice Groups Of The Year

    Law360 would like to congratulate the winners of its Practice Groups of the Year awards for 2023, which honor the attorney teams behind litigation wins and major deals that resonated throughout the legal industry this past year.

  • January 19, 2024

    Dam Co. Says Wash. Tribe Gets It Wrong On Fish Takings

    The operator of a dam on the Puyallup River near Seattle has asked a Washington federal court to dismiss a Native American tribe's claims about future construction of a hydroelectric project that may endanger fish, saying it is wrongly attempting to challenge operations that don't yet exist.

  • January 19, 2024

    Feds To Turn To 9th Circ. To Swat Down Kids' Climate Suit

    The federal government told an Oregon federal judge it plans to ask the Ninth Circuit to strike down her recent decision greenlighting an amended climate lawsuit filed by young people over the role of harmful fossil fuel energy policies in worsening the climate crisis.

  • January 19, 2024

    Camp Operator Wants $1M Surety Bond Order Cut In Half

    A Montana campground operator is asking a federal judge to cut nearly in half a $1 million surety bond order that would allow a stay to remain in place, saying the amount far exceeds any potential impact on the Blackfeet Nation in a long-running land lease dispute.

  • January 19, 2024

    Wash. Judge Upholds USFS Review For Forest Restoration

    A Washington federal judge upheld the U.S. Forest Service's decision to authorize a 24,000-acre restoration project on the Okanogan-Wenatchee National Forest near the town of Twisp, rejecting a conservation group's arguments that the environmental review fell short of what is required.

  • January 19, 2024

    Ariz. Tribes Say Power Line Project OK Imperils Sacred Areas

    A coalition of Arizona tribes and conservationists has sued the U.S. Department of the Interior over its approval of a major power transmission line project running through the state, claiming it failed to conduct a legally adequate inventory of historic properties and cultural resources that would be affected.

  • January 18, 2024

    SD Sioux Tribe Vying For FCC Universal Service Recognition

    The Cheyenne River Sioux Tribe is asking the Federal Communications Commission to certify its telephone authority as an Eligible Telecommunications Carrier, saying the agency had no reason four years ago to dismiss its petition, which would have made it eligible for federal funding.

  • January 18, 2024

    Dems Say DAPL Review Falling Short For Climate, Tribes

    More than 30 Democratic lawmakers wrote to the U.S. Army Corps of Engineers on Thursday to express concerns about tribal consultation and the climate analysis for a draft environmental impact statement for the Dakota Access Pipeline, saying the draft seems to shortchange and neglect environmental review requirements.

  • January 18, 2024

    Green Group Backs Mich. In Pipeline Challenge Venue Spat

    An environmental policy and law center is backing the Michigan attorney general in her appeal of Enbridge Energy's removal to federal court of a state lawsuit seeking to shut down a pipeline that crosses through the state's water, saying it undermines the role of states to protect their interest in natural resources.

  • January 18, 2024

    Feds Join AgriBiz In Asking 9th Circ. To Upend Land Swap

    The federal government and a global agribusiness with operations in Idaho have urged the Ninth Circuit to overturn a lower court ruling that favored the Shoshone-Bannock Tribes in their challenge to a U.S. Department of the Interior land transfer for the expansion of a fertilizer plant.

  • January 18, 2024

    Neb. County Officials Suggest Stay In VRA Consent Decree

    Officials in Thurston County, Nebraska, say a pause by a federal district court judge might best serve in determining whether to accept a consent decree that resolves Voting Rights Act claims brought by two Native American tribes while similar litigation plays out in the Eighth Circuit.

  • January 17, 2024

    'Chaos' Warning Resonates As Justices Mull Chevron's Fate

    A conservative-led campaign against the 40-year-old doctrine of judicial deference to federal regulators appeared vulnerable at U.S. Supreme Court arguments Wednesday to predictions of a litigation tsunami, as justices fretted about an onslaught of suits and politicization of the federal judiciary.

  • January 17, 2024

    Thomas Gets Laugh, Agrees Prior Ruling Is 'Embarrassment'

    The specter of a major 2005 telecommunications ruling hung over U.S. Supreme Court Justice Clarence Thomas on Wednesday as he and his colleagues considered whether to toss the court's decades-old precedent instructing judges to defer to federal agencies' interpretations of ambiguous statutes. 

  • January 17, 2024

    5 Key Takeaways From Supreme Court's Chevron Arguments

    U.S. Supreme Court justices questioned Wednesday whether overturning a decades-old precedent instructing courts to defer to federal agencies' interpretations of ambiguous statutes would lead judges to legislate from the bench or diminish the value of Supreme Court precedent — and pondered whether they could "Kisorize" the doctrine rather than doing away with it altogether.

  • January 17, 2024

    Caremark Wants Tribe's Prescription Claim Suit Arbitrated

    Caremark LLC has asked an Arizon federal court to compel arbitration of a lawsuit the Muscogee (Creek) Nation and its health department filed claiming the pharmacy benefit manager failed to pay claims for prescription drugs.

  • January 17, 2024

    DOL Eyes Settlement In ERISA Fight With Ariz. Tribe

    The U.S. Department of Labor told a D.C. federal court Wednesday it's close to resolving the White Mountain Apache Tribe's suit alleging that the agency's employee benefits arm unlawfully hit it with $140,000 in penalties after abruptly beginning enforcement of certain pension reporting requirements for tribes.

  • January 17, 2024

    NM Justices Find No Authority Over Tribal Casino Injury Suits

    The New Mexico Supreme Court has ruled that a man's personal injury suit against the Pueblo of Pojoaque belongs in tribal court because shifting the jurisdiction to state court, as authorized under a gambling compact, was outlawed by a finding in another case that the federal Indian Gaming Regulatory Act does not allow such a jurisdictional change.

  • January 17, 2024

    Wis. Town Ignores Right-Of-Way Act In Road Dispute, Feds Say

    A northern Wisconsin town is ignoring the Indian Right-of-Way Act when it claims the right to use roads within the exterior boundary of a reservation, the federal government said in a bid to have the town's suit against it thrown out.

  • January 17, 2024

    High Court Majority Shows No Eagerness To Overturn Chevron

    U.S. Supreme Court justices on Wednesday appeared split about whether decades-old precedent that favors federal agencies' legal interpretations in rulemaking infringes on judges' rightful authority to decide questions of law.

Expert Analysis

  • What Large Language Models Mean For Document Review

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    Courts often subject parties using technology assisted review to greater scrutiny than parties conducting linear, manual document review, so parties using large language models for document review should expect even more attention, along with a corresponding need for quality control and validation, say attorneys at Sidley.

  • Series

    Participating In Living History Makes Me A Better Lawyer

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    My role as a baron in a living history group, and my work as volunteer corporate counsel for a book series fan association, has provided me several opportunities to practice in unexpected areas of law — opening doors to experiences that have nurtured invaluable personal and professional skills, says Matthew Parker at the Nebraska Department of Health and Human Services.

  • Opinion

    Private Equity Owners Can Remedy Law Firms' Agency Issues

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    Nonlawyer, private-equity ownership of law firms can benefit shareholders and others vulnerable to governance issues such as disparate interests, and can in turn help resolve agency problems, says Michael Di Gennaro at The Law Practice Exchange.

  • How To Protect Atty-Client Privilege While Using Generative AI

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    When using generative artificial intelligence tools, attorneys should consider several safeguards to avoid breaches or complications in attorney-client privilege, say Antonious Sadek and Christopher Campbell at DLA Piper.

  • Futility Exception To Remanding Rule Could Be On Last Legs

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    A recent Fifth Circuit decision squarely confronting the futility exception to remanding cases with insufficient subject matter jurisdiction leaves the Ninth Circuit alone on one side of a circuit split, portending a tenuous future for the exception, say Brett Venn and Davis Williams at Jones Walker.

  • How New Lawyers Can Leverage Feedback For Growth

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    Embracing constructive criticism as a tool for success can help new lawyers accelerate their professional growth and law firms build a culture of continuous improvement, says Katie Aldrich at Fringe Professional Development.

  • What New EPA Enforcement Initiatives Mean For Industry

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    With the U.S. Environmental Protection Agency's recent announcement that climate change, per- and polyfluoroalkyl substances, and coal ash will be major investigation and enforcement targets in the coming years, the oil and gas, chemical, and waste management sectors should anticipate increased scrutiny, say Jonathan Brightbill and Madalyn Feiger at Winston & Strawn.

  • Bat's Newly Endangered Status Likely To Slow Development

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    A recent change in the classification of the northern long-eared bat from "threatened" to "endangered" could have significant effects on development in large portions of the Eastern and Southeastern U.S. — and in the absence of straightforward guidelines, developers will have to assess each project individually, says Peter McGrath at Moore & Van Allen.

  • Twitter Legal Fees Suit Offers Crash Course In Billing Ethics

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    X Corp.'s suit alleging that Wachtell grossly inflated its fees in the final days of Elon Musk’s Twitter acquisition provides a case study in how firms should protect their reputations by hewing to ethical billing practices and the high standards for professional conduct that govern attorney-client relationships, says Lourdes Fuentes at Karta Legal.

  • Offshore Wind Auction Results Portend Difficulties In Gulf

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    Results of the Bureau of Ocean Energy Management's recent auction of the Gulf of Mexico lease areas tell different stories about the future of offshore wind in the U.S., with the Gulf’s low interest suggesting uncertainty and the Mid-Atlantic’s strong interest suggesting a promising market, say attorneys at K&L Gates.

  • ABA's Money-Laundering Resolution Is A Balancing Act

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    While the American Bar Association’s recently passed resolution recognizes a lawyer's duty to discontinue representation that could facilitate money laundering and other fraudulent activity, it preserves, at least for now, the delicate balance of judicial, state-based regulation of the legal profession and the sanctity of the attorney-client relationship, say attorneys at Ballard Spahr.

  • Law Firm Professional Development Steps To Thrive In AI Era

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    As generative artificial intelligence tools rapidly evolve, professional development leaders are instrumental in preparing law firms for the paradigm shifts ahead, and should consider three strategies to help empower legal talent with the skills required to succeed in an increasingly complex technological landscape, say Steve Gluckman and Anusia Gillespie at SkillBurst Interactive.

  • New 'Waters' Rule May Speed Projects, Spawn More Litigation

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    The Biden administration's new rule defining "waters of the United States" in accordance with a recent U.S. Supreme Court decision will remove federal protection for some wetlands — which could both enable more development and lead to more legal challenges for projects, says Marcia Greenblatt at Integral Consulting.

  • The Basics Of Being A Knowledge Management Attorney

    Excerpt from Practical Guidance
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    Michael Lehet at Ogletree Deakins discusses the role of knowledge management attorneys at law firms, the common tasks they perform and practical tips for lawyers who may be considering becoming one.

  • Opinion

    Purdue Ch. 11 Case Exemplifies Need For 3rd-Party Releases

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    In the Purdue Pharma Chapter 11 case, the U.S. Supreme Court will eventually decide whether the Bankruptcy Code authorizes a court to approve third-party releases, but removing this powerful tool would be a significant blow to the likelihood of future victims being made whole, says Isaac Marcushamer at DGIM Law.

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