Native American

May 13, 2025
SD Tribe's $1M School Debt Challenge Dismissed

A federal court judge dismissed a South Dakota tribe's challenge alleging the Interior Department overcollected on a $1 million school debt obligation, finding Tuesday that while the tribe's argument is creative, there is no support for it in statute or case law.
May 13, 2025
The Man Who Ended Affirmative Action Is Just Getting Started

Nearly two years after the U.S. Supreme Court struck down affirmative action in college admissions, the legal strategist who brought the landmark case is using the ruling in a bid to end race-based programs in the public and private sectors, bolstered by allies in the executive branch.
May 13, 2025
States Grapple With Feds Revoking Digital Equity Grants

States that received grant money under the $2.75 billion Digital Equity Act are scrambling to figure out their next steps after the Trump administration called the program "unconstitutional" and cut off their funding in recent days.
May 13, 2025
Climate NGOs Attack EPA Appeal In Funding Clawback Fight

Climate investment groups asked the D.C. Circuit to affirm a district court ruling blocking the U.S. Environmental Protection Agency from clawing back billions of dollars disbursed to them under the Inflation Reduction Act, characterizing its actions as "textbook arbitrariness."
May 12, 2025
W.Va. High Court Declines 4th Circ. Request For Opioid Input

The West Virginia Supreme Court of Appeals on Monday declined the Fourth Circuit's request to answer whether the state's public nuisance law applies to the distribution of opioids, saying disputed facts in litigation between local governments and drug distribution companies must first be resolved.
May 12, 2025
Feds Say Tribal Tariff Dispute Must Stay In US Trade Court

The U.S. Department of Homeland Security is fighting Montana tribal members' attempt to stop the transfer of their lawsuit challenging President Donald Trump's Canada tariff orders from federal court to the U.S. Court of International Trade, saying the CIT has exclusive jurisdiction over the case.
May 12, 2025
Judge Blocks Oak Flat Land Transfer Until High Court Review

A federal judge has temporarily blocked the federal government from transferring an ancient Arizona Apache worship site to a copper mining company until the U.S. Supreme Court rules on the dispute, saying there is no question that the tribes would suffer irreparable harm should the move proceed.
May 12, 2025
Mass. Court Says NIH Grant Disruption Suit Is In The Right Place

A Massachusetts federal court ruled Monday that it has jurisdiction over several states' lawsuit challenging delays and cancellations of federal grant programs linked to issues they say are "disfavored" by the Trump administration, rejecting the federal government's contention that the claims instead belonged in the U.S. Court of Federal Claims.
May 12, 2025
Tribal Co. Hit With Class Suit Over High Interest Rates

Bright Lending was hit Friday with a proposed racketeering class action in Florida, claiming the online payday lender charges illegal interest rates on short-term loans and hides behind a Native American tribe in Montana to escape legal claims.
May 12, 2025
Unions Tell Justices To Protect Privacy In Social Security Case

Two unions and an advocacy group argued Monday that there's no need for the U.S. Supreme Court to make it easier for the Department of Government Efficiency to access the Social Security Administration's data on millions of Americans, claiming requiring the supposed fraud-busting team to follow protocol doesn't constitute an emergency.
May 12, 2025
Calif. Tribe Can't Halt Decision On $700M Casino, Feds Say

The U.S. Department of the Interior has urged a D.C. federal court to reject a California tribe's bid to temporarily block the department's decision to rescind gambling eligibility for a $700 million casino project.
May 12, 2025
Will Justices Finally Rein In Universal Injunctions?

The U.S. Supreme Court is expected to address for the first time Thursday the propriety of universal injunctions, a tool federal judges have increasingly used to broadly halt presidential orders and policy initiatives, and whose validity has haunted the high court's merits and emergency dockets for more than a decade.
May 12, 2025
Okla. Lawmaker Seeks Override Of Veto On Tribal Bill

A Democratic Oklahoma state representative is looking to win a legislative override of Republican Gov. Kevin Stitt's veto of a bill that would have provided state money to fund investigations of missing and murdered Indigenous people, the lawmaker's office said Monday.
May 09, 2025
Calif. Judge Blocks Trump's Gov't Reorganization, Job Cuts

A California federal judge on Friday temporarily blocked federal agencies and Elon Musk's Department of Government Efficiency from carrying out President Donald Trump's directive to reduce the government workforce, saying the president doesn't have the constitutional or statutory authority "to reorganize the executive branch."
May 09, 2025
National Report Exposes Gaps In Missing Minority Cases

A growing number of minority groups, including Indigenous and Black people, have gone missing and remain unaccounted for around the United States, and systemic disparities contribute to the failure of law enforcement to track and resolve cases, a new report said.
May 09, 2025
Wells Fargo Execs Sued In Del. Over 'Sham' Diversity Efforts

A Wells Fargo stockholder launched a derivative suit on Friday in Delaware's Court of Chancery seeking damages from 17 of the banking giant's directors and officers for potentially billions in costs tied to alleged "sham" diversity-focused recruitment and hiring initiatives.
May 09, 2025
Bipartisan Bill Would Make Tech Giants Help Pay For Networks

A bipartisan group of U.S. senators are renewing their push to get big tech companies and broadband service providers to pay into the government fund that supports network deployment.
May 09, 2025
Advocates Upset As Trump Targets 'Woke' Digital Equity

Broadband deployment advocates protested a Trump administration move to zero out the Digital Equity Fund, a $2.75 billion program to improve digital literacy skills, in a cost-cutting move at the U.S. Department of Commerce.
May 09, 2025
Utah Tribe Challenges Colorado Parks' Bill Over Historical Ties

A Colorado bill that would give members of the Southern Ute Indian and Ute Mountain Ute tribes free access to the state's parks is being protested by their Utah sister tribe, which argues that the legislation disregards its deep historical connection and presence in its ancestral homelands.
May 09, 2025
EPA Broke Trust Duty In $16M Ovintiv Settlement, Court Told

A Utah tribe says negotiations between the U.S. government and Ovintiv USA Inc. over a $16 million Clean Air Act consent decree ignored federal protocol and harmed its sovereign interests, telling a federal court that its members will disproportionately suffer from the impacts of energy mineral production.
May 09, 2025
Souter's Clerks Remember Him As Humble, Kind And Caring

Former clerks of retired U.S. Supreme Court Justice David H. Souter are heartbroken over the death of a man many of them remember more for his conscientiousness, humility, kindness and disdain for the spotlight than for his undeniable brilliance as a jurist.
May 09, 2025
Hiker And 'Raconteur': Atty Recalls 50-Year Bond With Souter

Behind a towering legal legacy was a man who loved to hike mountains, could recall details of things he read decades ago and was always there for those he cared about, a New Hampshire attorney said as he reflected on a lifelong friendship with U.S. Supreme Court Justice David Souter.
May 09, 2025
A Look At David Souter's Most Significant Opinions

The retired Justice David Souter defied simple definition, viewed as a staunch conservative until he co-wrote an opinion upholding abortion rights in 1992. He did not hew to partisan lines, but reshaped the civil litigation landscape and took an unexpected stand in an extraordinarily close presidential election.
May 09, 2025
Justice Souter Was An Unexpected Force Of Moderation

Justice David Souter, who saw the high court as a moderating force apart from the messiness of politics, subverted the expectations of liberals and conservatives alike during his 19 years on the bench.
May 09, 2025
Retired Supreme Court Justice David Souter Dies At 85

Retired Justice David H. Souter, who served on the U.S. Supreme Court from 1990 to 2009, has died at 85, the court announced Friday.

Expert Analysis

Series

Circus Arts Make Me A Better Lawyer

Performing circus arts has strengthened my ability to be more thoughtful, confident and grounded, all of which has enhanced my legal practice and allowed me to serve clients in a more meaningful way, says Bailey McGowan at Stinson.
3 Ways To Train Junior Lawyers In 30 Minutes Or Less

Today’s junior lawyers are experiencing a skills gap due to pandemic-era disruptions, but firms can help bring them up to speed by offering high-impact skill building content in bite-sized, interactive training sessions, say Stacey Schwartz at Katten, Diane Costigan at Winston & Strawn and Lauren Tierney at Freshfields.
The Bar Needs More Clarity On The Discovery Objection Rule

Almost 10 years after Federal Rule of Civil Procedure 34 was amended, attorneys still seem confused about what they should include in objections to discovery requests, and until the rules committee provides additional clarity, practitioners must beware the steep costs of noncompliance, says Tristan Ellis at Shanies Law Office.
Series

Being A Navy Reservist Makes Me A Better Lawyer

Serving this country in uniform has not only been one of the greatest honors of my life, but it has also provided me with opportunities to broaden my legal acumen and interpersonal skills in ways that have indelibly contributed to my civilian practice, says Phillip Smith at Weinberg Wheeler.
So You Want To Move Your Law Practice To Canada, Eh?

Google searches for how to move to Canada have surged in the wake of the U.S. presidential election, and if you’re an attorney considering a move to the Great White North, you’ll need to understand how the practice of law differs across the border, says David Postel at Henein Hutchison.
Promoting Diversity In The Selection Of ADR Neutrals

Excerpt from Practical Guidance

Choosing neutrals from diverse backgrounds is an important step in promoting inclusion in the legal profession, and it can enhance the legitimacy and public perception of alternative dispute resolution proceedings, say attorneys at Lowenstein Sandler.
Series

Playing Ultimate Makes Us Better Lawyers

In addition to being fun, ultimate Frisbee has improved our legal careers by emphasizing the importance of professionalism, teamwork, perseverance, enthusiasm and vulnerability, say Arunabha Bhoumik and Adam Bernstein at Regeneron.
E-Discovery Quarterly: Recent Rulings On Metadata

Several recent rulings reflect the competing considerations that arise when parties dispute the form of production for electronically stored information, underscoring that counsel must carefully consider how to produce and request reasonably usable data, say attorneys at Sidley.
Striking A Balance Between AI Use And Attorney Well-Being

As the legal industry increasingly adopts generative artificial intelligence tools to boost efficiency, leaders must note the hidden costs of increased productivity, and work to protect attorneys’ well-being while unlocking AI’s full potential, says Ed Sohn at Factor.
Empathy In Mediation Offers A Soft Landing For Disputes

Experiencing a crash-landing on a recent flight underscored to me how much difference empathy makes in times of crisis or stress, including during mediation, says Eydith Kaufman at Alternative Resolution Centers.
Series

Being An Artist Makes Me A Better Lawyer

My work as an artist has highlighted how using creativity and precision together — qualities that are equally essential in both art and law — not only improves outcomes, but also leads to more innovative and thoughtful work, says Sarah La Pearl at Segal McCambridge.
How Judiciary Can Minimize AI Risks In Secondary Sources

Because courts’ standing orders on generative artificial intelligence and other safeguards do not address the risk of hallucinations in secondary source materials, the judiciary should consider enlisting legal publishers and database hosts to protect against AI-generated inaccuracies, say attorneys at Lankler Siffert & Wohl.
How Attorneys Can Break Free From Career Enmeshment

Ambitious attorneys can sometimes experience career enmeshment — when your sense of self-worth becomes unhealthily tangled up in your legal vocation — but taking the time to discover and realign with your core personal values can help you recover your identity, says Janna Koretz at Azimuth Psychological.
Lawyers With Disabilities Are Seeking Equity, Not Pity

Attorneys living with disabilities face extra challenges — including the need for special accommodations, the fear of stigmatization and the risk of being tokenized — but if given equitable opportunities, they can still rise to the top of their field, says Kate Reder Sheikh, a former attorney and legal recruiter at Major Lindsey & Africa.
Opinion

Judicial Committee Best Venue For Litigation Funding Rules

The Advisory Committee on Civil Rules' recent decision to consider developing a rule for litigation funding disclosure is a welcome development, ensuring that the result will be the product of a thorough, inclusive and deliberative process that appropriately balances all interests, says Stewart Ackerly at Statera Capital.