Native American

  • October 08, 2024

    Contractors Tell 5th Circ. They Belong In Border Wall Suit

    Border wall construction firms urged the Fifth Circuit to insert them into Texas' suit challenging the Biden administration's border wall spending plan, saying they were barred from the case even though it threatens their financial rights under their old contracts.

  • October 07, 2024

    Tribe's 'No Regret' Gaming Ads Misleading, Fla. Residents Say

    Ads from the gaming vendor of the Seminole Tribe of Florida promising to give bettors as much as $100 back if they lose their first wager is false, deceptive, misleading and unfair marketing that violates state law, despite the tribe's claims of sovereign immunity, according to an updated proposed class action in federal court.

  • October 07, 2024

    Tribe Can't Hold DOI In Contempt Over Recognition Rule Delay

    A D.C. federal judge won't hold the Interior secretary in contempt in a Michigan tribe's bid to force the agency to complete its final rule on federal recognition, saying that despite the 4-year-long dispute, no court orders have been violated.

  • October 07, 2024

    No Firm Schedule For New LNG Rule, Feds Tell DC Circ.

    The Biden administration has told the D.C. Circuit that it has no "firm schedule" for revising a rule allowing liquefied natural gas to be transported by rail, information the court asked for in litigation filed by environmental groups opposed to the regulations.

  • October 07, 2024

    5th Circ. Gears Up To Tackle High Court's ICWA Ruling

    The Fifth Circuit Court of Appeals is gearing up to tackle the high court's ruling last year that upheld the Indian Child Welfare Act, which determined that the nearly 50-year-old law does not exceed the federal government's authority in imposing a standard procedure on Indigenous child custody cases.

  • October 07, 2024

    Treasury Proposes Exempting Tribal Cos. From Income Tax

    Tribal-owned businesses would not be subject to federal income tax under proposed regulations released Monday by the U.S. Department of the Treasury, a move that would also allow such entities to be eligible to receive direct cash payments in lieu of clean energy tax credits.

  • October 07, 2024

    Ex-CEO Of Tribal Telecom Co. Indicted For $500K Fund Theft

    A former executive with a telecommunications company owned by the Yurok Tribe has been indicted by a San Francisco federal grand jury on charges she embezzled more than $500,000 from the tribe.

  • October 07, 2024

    State Courts Splitting Over Future Of Climate Change Suits

    Recent decisions on whether climate change suits brought by state and local governments against fossil fuel companies can go forward are exposing splits between state courts over whether they can impose liability for pollution that originates beyond their borders, legal experts say.

  • October 04, 2024

    Top 5 Supreme Court Cases To Watch This Fall

    The U.S. Supreme Court will hear several cases in its October 2024 term that could further refine the new administrative law landscape, establish constitutional rights to gender-affirming care for transgender minors and affect how the federal government regulates water, air and weapons. Here, Law360 looks at five of the most important cases on the Supreme Court's docket so far.

  • October 04, 2024

    Another Ute Tribe Joins Online Gambling Suit Against Colo.

    The Ute Mountain Ute Tribe has joined the Southern Ute Indian Tribe in its federal court lawsuit against Colorado Gov. Jared Polis for allegedly violating both tribes' state-tribal gaming pacts by overstepping his right to regulate online sports gambling.

  • October 04, 2024

    11th Circ. Sends Tribal Loan Dispute Back For Arbitration

    An Eleventh Circuit panel has reversed and remanded a lower court's ruling that a Tampa-based consumer collection company cannot compel arbitration in a bid seeking payment on a tribally owned firm's loans, arguing provisions of the agreements require such proceedings under tribal and federal law.

  • October 04, 2024

    EPA Fights To Save Civil Rights Regs Outside Louisiana

    The U.S. Environmental Protection Agency asked a Louisiana federal judge to reject the state's effort to impose a nationwide ban on civil rights regulations focused on disparate impacts.

  • October 04, 2024

    NY State Gives 1,000 Acres Back To Onondaga Nation

    New York's Onondaga Nation has regained 1,000 acres of its ancestral lands in the Tully Valley, making the title transfer one of the largest of its kind by any state, after tribe members have said for decades that the land was unlawfully taken by the federal government in the 18th century.

  • October 04, 2024

    High Court Bar's Future: Jenner & Block's Adam Unikowsky

    In many ways, Adam G. Unikowsky of Jenner & Block LLP has traveled a tried-and-true path — Harvard, elite clerkships, BigLaw — to the upper echelons of U.S. Supreme Court advocacy. But his route to the forefront of the bar's next generation has been less conventional than it might appear, and he spoke with Law360 about how he's climbed so high — and how he excels by avoiding rhetoric that "judges really, really hate."

  • October 04, 2024

    DC Circ. Won't Pause EPA's Iron Plant Rule

    A D.C. Circuit panel rejected bids by U.S. Steel Corp. and Cleveland-Cliffs Inc. to stay a U.S. Environmental Protection Agency rule setting emissions standards for their taconite iron ore processing facilities.

  • October 03, 2024

    Colo. Billionaire's Brief Sparks Call For Gorsuch Recusal

    A Colorado billionaire once hired U.S. Supreme Court Justice Neil Gorsuch as a budding young lawyer, later campaigned for the future justice's first judicial appointment and subsequently urged the court to loosen requirements for federal environmental reviews — all of which has sparked a call for the justice to bow out of one of the upcoming term's key cases.

  • October 03, 2024

    Despite Progress, Barriers Remain In Burial Law, Report Says

    Despite tighter regulations on a federal law designed to protect and help tribes repatriate burial sites, a continued resistance by institutions in possession of Indigenous remains and artifacts and a lack of funding are still barriers facing the decades-old policy, a federal report says.

  • October 03, 2024

    12 Lawyers Who Are The Future Of The Supreme Court Bar

    One attorney hasn't lost a single U.S. Supreme Court case she's argued, or even a single justice's vote. One attorney is perhaps "the preeminent SCOTUS advocate." And one may soon become U.S. solicitor general, despite acknowledging there are "judges out there who don't like me." All three are among a dozen lawyers in the vanguard of the Supreme Court bar's next generation, poised to follow in the footsteps of the bar's current icons.

  • October 03, 2024

    EPA Can Protect Records In Pebble Mine Fight, Judge Says

    The U.S. Environmental Protection Agency has secured a blanket protection order on all administrative records that may be subject to copyright protection in litigation brought by Alaska seeking to challenge the agency's veto of the controversial Pebble Mine.

  • October 03, 2024

    Judicial Picks From 3 States Remain Hearing-Less

    With a dwindling number of days left on the Senate's 2024 calendar, Democrats are pushing to confirm more judges so President Joe Biden can meet or exceed former President Donald Trump's record.

  • October 03, 2024

    California Tribe Says Report Shows Flaws In Water Project

    The Hoopa Valley Tribe urged a California federal judge to recognize as fact a recent report issued by the U.S. Department of the Interior's Office of Inspector General, which the tribe argued backs its challenge of the Bureau of Reclamation's management of California's Trinity River.

  • October 02, 2024

    Tribal Members Ask Montana Court For Satellite Voting Offices

    Six members of the Fort Peck Assiniboine and Sioux tribes are asking a Montana state court for an order that would require two counties to set up satellite voting offices on their reservation lands, arguing that without those offices, it will be nearly impossible for Native Americans to cast ballots.

  • October 02, 2024

    Enviro Groups Seek To Defend EPA's Veto Of Pebble Mine

    A slew of environmental groups have called on an Alaska federal judge to let them defend the U.S. Environmental Protection Agency's decision to block a plan to build the controversial Pebble Mine, saying they want to protect the Bristol Bay headwaters from the mine's "devastating and unavoidable adverse impacts."

  • October 02, 2024

    Feds Can Back ND Tribes In 8th Circ. Legislative Privilege Row

    The federal government can participate in arguments later this month before an Eighth Circuit panel in support of two North Dakota tribes in a discovery dispute over legislative privilege in an already-decided Voting Rights Act case, the appellate court says.

  • October 01, 2024

    Calif. Tribe Can't Block 'Indian Blood' Certification Process

    A D.C. federal judge has denied a preliminary injunction request by family members who seek control of the California Valley Miwok Tribe and want the U.S. Department of the Interior to stop using a "Certificate of Degree of Indian Blood" to determine who is eligible for enrollment.

Expert Analysis

  • 5 Reasons Associates Shouldn't Take A Job Just For Money

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    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.

  • Series

    Playing Competitive Tennis Makes Me A Better Lawyer

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    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.

  • Series

    The Pop Culture Docket: Judge Djerassi On Super Bowl 52

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    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.

  • Bid Protest Spotlight: Supplementation, Conversion, Rejection

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    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.

  • Employee Experience Strategy Can Boost Law Firm Success

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    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.

  • Series

    Competing In Triathlons Makes Me A Better Lawyer

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    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.

  • Where Justices Stand On Chevron Doctrine Post-Argument

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    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.

  • Perspectives

    6 Practice Pointers For Pro Bono Immigration Practice

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    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.

  • Lessons From Country Singer's Personal Service Saga

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    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.

  • Series

    Baking Bread Makes Me A Better Lawyer

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    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.

  • Federal Courts And AI Standing Orders: Safety Or Overkill?

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    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.

  • The 5 Most Important Bid Protest Decisions Of 2023

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    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.

  • 7 E-Discovery Predictions For 2024 And Beyond

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    The legal and technical issues of e-discovery now affect virtually every lawsuit, and in the year to come, practitioners can expect practices and policies to evolve in a number of ways, from the expanded use of relevancy redactions to mandated information security provisions in protective orders, say attorneys at Littler.

  • How DOI Aims To Modernize Resource Damage Assessments

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    The U.S. Department of the Interior's recent proposal to redesign its Type A rule for conducting natural resource damage assessment and restoration activities could lead to a more streamlined, flexible assessment process that would benefit both natural resource trustees and potentially responsible parties, says Brian Ferrasci-O'Malley at Nossaman.

  • 5 Litigation Funding Trends To Note In 2024

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    Over the next year and beyond, litigation funding will continue to evolve in ways that affect attorneys and the larger litigation landscape, from the growth of a secondary market for funded claims, to rising interest rates restricting the availability of capital, says Jeffery Lula at GLS Capital.

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