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Native American
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January 01, 2025
Native American Cases To Watch In 2025
2024 brought lawsuits and rulings in state, federal district and appellate courts that will play out into 2025 with some uncertainties for Native American tribes on voting rights, protections for historical worship sites and land trust decisions.
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January 01, 2025
Federal Rules Impacted Tribes In 2024, With More To Come
U.S. federal agencies issued a slew of final rules that impacted Indigenous communities in 2024, giving their members greater autonomy over healthcare, environmental and energy regulations and land trust decisions.
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January 01, 2025
Cannabis Advocates Hone Their Policy Goals For 2025
With Republicans set to control the legislative and executive branches, cannabis advocates predict that federal cannabis reforms in 2025 are still achievable, but note they will likely be more incremental than holistic, with an emphasis on public safety and states' rights.
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January 01, 2025
Energy Cases To Watch In 2025
Federal courts will be addressing disputes that could reshape the authority of several U.S. energy regulators and subsequently impact the future of power development in the nation. Here are the biggest lawsuits on Law360’s radar that energy attorneys must watch in 2025.
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January 01, 2025
Key Environmental Policies To Watch In 2025
Donald Trump's victory in the 2024 presidential election means that several key environmental policies developed by the Biden administration will be subject to scrutiny and probably revision, if not outright revocation. Here are four key policy areas to watch this year.
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December 20, 2024
Real Estate Recap: Stats, Multifamily Tech, Pot Shop Pickle
Catch up on this past week's key developments by state from Law360 Real Estate Authority — including big picture stats for commercial real estate in 2024, how one proptech company is leveraging resident data for multifamily profitability, and a conversation with a BigLaw leader about navigating New York's pot shop crackdown.
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December 20, 2024
Feds, Osage Nation Score Damages Win In Wind Farm Suit
An Oklahoma federal judge has ended a decade of litigation involving the Osage Nation, the U.S. government and Enel Green Power North America, ordering the company to pay more than $300,000 in damages and attorney fees and to remove 84 wind turbines from the tribe's reservation.
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December 20, 2024
EPA Releases Recommendations For PFAS In Bodies Of Water
The U.S. Environmental Protection Agency on Thursday released draft recommendations for the amounts of per- and polyfluoroalkyl substances, or PFAS, for bodies of water that, when finalized, can be used by states and tribes.
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December 20, 2024
Psychedelics Law Reformers Hit Multiple Setbacks In 2024
In 2024, advocates, physicians and researchers attempted to broaden lawful access to federally illegal psychedelic drugs through a variety of avenues — the new drug approval process, litigation and a ballot initiative — with the upshot that the law remains largely unchanged and, for the most part, still restricts legal use and possession of these substances.
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December 20, 2024
EPA Administrator Stepping Down At End Of December
U.S. Environmental Protection Agency Administrator Michael Regan on Friday announced that he's stepping down at the end of December, after a nearly four-year term that was punctuated by high-profile climate, water and chemical regulations and ambitious environmental justice initiatives.
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December 20, 2024
HUD Awards $225 Million To Boost Manufactured Housing
The U.S. Department of Housing and Urban Development announced that it has awarded $225 million under a grant program for manufactured housing communities, prioritizing tribal applicants and resident-managed communities.
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December 19, 2024
Feds Fight Calif. Tribe's Bid To Block Casino Trust Order
The federal government is fighting a bid by a California tribe to block the U.S. Department of the Interior from approving a casino project on its historic homelands, arguing that it has not yet identified any irreparable harm that would justify a temporary restraining order.
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December 19, 2024
Groups Say CARB Fuel Program Will Spur Environmental Harms
Environmental groups sued the California Air Resources Board in California state court on Wednesday, saying amendments to the state's low carbon fuel standard program will only further spur the expansion of factory farms, increasing environmental degradation in the San Joaquin Valley.
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December 19, 2024
Bill Aimed At IHS Recruitment, Retention Heads To House
A bill designed to make it easier for the Indian Health Service to recruit and retain medical workers is headed for the U.S. House of Representatives for consideration after easily passing the U.S. Senate this week.
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December 19, 2024
Top Gov't Contracts Cases Of 2024
Courts and the U.S. Government Accountability Office have made several high-profile, consequential decisions for government contractors this year, addressing the constitutionality of the False Claims Act's whistleblower provisions and the limits of the president's authority over federal procurement.
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December 18, 2024
1st-Ever Arb. Antitrust Casino Class Certified In Shuffler Suit
Scientific Games' successor Light & Wonder Inc. must battle arbitration from customers accusing the gambling company of monopolizing the automatic card shuffler market using fraudulently obtained patents, after an arbitrator said there's no need to individually assess the arbitration provisions of all roughly 112 class members.
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December 18, 2024
CVS Fueled Opioid Epidemic In Rush For Profits, Feds Say
The U.S. Department of Justice unveiled a suit Wednesday accusing CVS, the nation's largest pharmacy chain, of knowingly filling invalid prescriptions for powerful opioids and ignoring internal pleas from its pharmacists as it allegedly put profits over safety.
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December 18, 2024
Cherokee Chief Urges Senate To Block Federal Recognition Bill
The Eastern Band of Cherokee Indians' principal chief is urging the U.S. Senate to reject legislation that would give federal recognition to a fellow North Carolina tribe, arguing that allowing the bill's passage would undermine the process to ensure that the decision is based on evidence and not politics.
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December 18, 2024
Texas Says Border Wall Panel Sales May Violate Injunction
Missouri and Texas asked a federal judge to probe whether the Biden administration is violating an order to use $1.4 billion of congressional funds to build the southern border wall, pointing to media reports that wall materials are being sold off.
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December 18, 2024
The Biggest 1st Circ. Rulings Of 2024
The nation's smallest federal circuit court in 2024 issued an opinion tackling the government of Mexico's efforts to hold U.S. firearms makers responsible for the flow of illegal arms across the southern border, determining the claims are not barred by a litigation shield, among other high-profile decisions.
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December 18, 2024
Mont. High Court Cements Right To 'Stable Climate System'
The Montana Supreme Court on Wednesday ruled that the state's constitution guarantees the right to "a stable climate system" and affirmed a lower court's decision to strike down state law provisions that barred the consideration of greenhouse gas emissions in permitting decisions.
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December 17, 2024
Red States Can Back Feds In Dakota Access Pipeline Row
A North Dakota federal judge said Tuesday that 13 Republican-led states can back the federal government in litigation brought by the Standing Rock Sioux Tribe seeking to halt operations of the Dakota Access Pipeline.
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December 17, 2024
Senate GOP Enviro Leader Questions EPA On Grant Funding
The leading Republican on the Senate Environment and Public Works Committee said Tuesday she's worried about the "potential for misuse" of the $30 billion in funding being doled out by the U.S. Environmental Protection Agency.
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December 17, 2024
Alaskan Native Villages Say BEAD Window Can't Open Yet
Two Alaskan Native villages trying to force the clawback of $70 million in broadband funds want a federal court to stop the state broadband office from opening the window for BEAD applications, a request the telecoms involved have called a "brazen attempt" at seeking the same relief a different way.
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December 17, 2024
Revised LNG Export Study Flags Gas Price And Climate Worries
The Biden administration on Tuesday said that unconstrained U.S. exports of liquefied natural gas would increase both domestic energy prices and cumulative greenhouse gas emissions, and retained a pause on export project reviews that President-elect Donald Trump is expected to lift upon taking office.
Expert Analysis
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Series
Competing In Dressage Makes Me A Better Lawyer
My lifelong participation in the sport of dressage — often called ballet on horses — has proven that several skills developed through training and competition are transferable to legal work, especially the ability to harness focus, persistence and versatility when negotiating a deal, says Stephanie Coco at V&E.
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Del. Ruling Adds Momentum For Caremark Plaintiffs
The Delaware Supreme Court's recent opinion in Lebanon County Employees' Retirement Fund v. Collis could be viewed as expanding plaintiffs' ability to viably plead a Caremark claim against directors, so Delaware companies should be on heightened alert and focus on creating a record of board oversight, say attorneys at V&E.
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The Legal Industry Needs A Cybersecurity Paradigm Shift
As law firms face ever-increasing risks of cyberattacks and ransomware incidents, the legal industry must implement robust cybersecurity measures and privacy-centric practices to preserve attorney-client privilege, safeguard client trust and uphold the profession’s integrity, says Ryan Paterson at Unplugged.
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5 Reasons Associates Shouldn't Take A Job Just For Money
As a number of BigLaw firms increase salary scales for early-career attorneys, law students and lateral associates considering new job offers should weigh several key factors that may matter more than financial compensation, say Albert Tawil at Lateral Hub and Ruvin Levavi at Power Forward.
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Series
Playing Competitive Tennis Makes Me A Better Lawyer
My experience playing competitive tennis has highlighted why prioritizing exercise and stress relief, maintaining perspective under pressure, and supporting colleagues in pursuit of a common goal are all key aspects of championing a successful legal career, says Madhumita Datta at Lowenstein Sandler.
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Series
The Pop Culture Docket: Judge Djerassi On Super Bowl 52
Philadelphia Court of Common Pleas Judge Ramy Djerassi discusses how Super Bowl 52, in which the Philadelphia Eagles prevailed over the New England Patriots, provides an apt metaphor for alternative dispute resolution processes in commercial business cases.
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Bid Protest Spotlight: Supplementation, Conversion, Rejection
In this month's bid protest roundup, Lyle Hedgecock and Michaela Thornton at MoFo discuss recent cases highlighting how the U.S. Government Accountability Office and the U.S. Court of Federal Claims consider supplementation of the record and an agency’s attempt to convert a sealed bid opportunity into a negotiated procurement, as well as an example of precedential drift.
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Employee Experience Strategy Can Boost Law Firm Success
Amid continuing business uncertainty, law firms should consider adopting a holistic employee experience strategy — prioritizing consistency, targeting signature moments and leveraging measurement tools — to maximize productivity and profitability, says Haley Revel at Calibrate Consulting.
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Series
Competing In Triathlons Makes Me A Better Lawyer
While practicing law and competing in long-distance triathlons can make work and life feel unbalanced at times, participating in the sport has revealed important lessons about versatility, self-care and perseverance that apply to the office as much as they do the racecourse, says Laura Heusel at Butler Snow.
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Where Justices Stand On Chevron Doctrine Post-Argument
Following recent oral argument at the U.S. Supreme Court, at least four justices appear to be in favor of overturning the long-standing Chevron deference, and three justices seem ready to uphold it, which means the ultimate decision may rest on Chief Justice John Roberts' vote, say Wayne D'Angelo and Zachary Lee at Kelley Drye.
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Perspectives
6 Practice Pointers For Pro Bono Immigration Practice
An attorney taking on their first pro bono immigration matter may find the law and procedures beguiling, but understanding key deadlines, the significance of individual immigration judges' rules and specialized aspects of the practice can help avoid common missteps, says Steven Malm at Haynes Boone.
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Lessons From Country Singer's Personal Service Saga
Recent reports that country singer Luke Combs won a judgment against a Florida woman who didn’t receive notice of the counterfeit suit against her should serve as a reminder for attorneys on best practices for effectuating service by electronic means, say attorneys at Jenner & Block.
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Series
Baking Bread Makes Me A Better Lawyer
After many years practicing law, and a few years baking bread, I have learned that there are a few keys to success in both endeavors, including the assembly of a nourishing and resilient culture, and the ability to learn from failure and exercise patience, says Rick Robinson at Reed Smith.
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Federal Courts And AI Standing Orders: Safety Or Overkill?
Several district court judges have issued standing orders regulating the use of artificial intelligence in their courts, but courts should consider following ordinary notice and comment procedures before implementing sweeping mandates that could be unnecessarily burdensome and counterproductive, say attorneys at Curtis.
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The 5 Most Important Bid Protest Decisions Of 2023
Attorneys at Bradley Arant discuss noteworthy 2023 bid protest decisions from the U.S. Court of Federal Claims and U.S. Government Accountability Office, offering perspectives on standing, document production, agency deference, System for Award Management registration requirements and mentor-protégé joint venture proposal evaluations.