Native American

  • May 22, 2024

    Fla. Gaming Compact Contradicts Law, High Court Told

    Two Florida casino operators seeking to undo a sports gaming compact between the state and the Seminole Tribe fired back at the federal government's claims that the agreement is legal, arguing that its language contradicts the Indian Gaming Regulatory Act.

  • May 22, 2024

    Feds And Enviro Groups Fight Utah Counties' High Court Bid

    The United States, a Colorado county and five environmental groups are fighting a bid by a coalition of Utah counties to win a U.S. Supreme Court review of a D.C. Circuit decision revoking federal approval of a rail line to transport crude oil from the state.

  • May 22, 2024

    Justices' CFPB Alliance May Save SEC Courts, Not Chevron

    A four-justice concurrence to the U.S. Supreme Court's decision upholding the Consumer Financial Protection Bureau's unique funding scheme last week carries implications for other cases pending before the court that challenge the so-called administrative state, or the permanent cadre of regulatory agencies and career government enforcers who hold sway over vast swaths of American economic life.

  • May 22, 2024

    NY Judicial Nominee Defends Record Amid GOP Criticism

    A judicial nominee for a New York federal court stood by her ruling allowing an inmate convicted of sex offenses to transfer from a male to female prison, amid concerns from Republicans that led to some dramatics Wednesday in a congressional hearing room.

  • May 21, 2024

    BNSF Judge Said Trespass Payout Will Be Distance-Based

    BNSF Railway Co. will have to give up profits from at least part of its 1,500-mile oil shipment route to compensate a Washington tribe for nearly a decade of train trespassings across a less-than-mile-long easement, a federal judge ruled Monday.

  • May 21, 2024

    9th Circ. Vacates, Remands Tribe's Fishing Rights Dispute

    A Ninth Circuit panel said Tuesday that a challenge by a Washington tribe seeking to expand its fishing rights warrants further review, arguing that a lower court's ruling that a 19th century treaty did not include its accustomed grounds should be vacated and remanded to examine evidence of its village, presence and activities in the claimed waters. 

  • May 21, 2024

    Foxwoods Restaurant Servers Win Class Cert. in Wage Feud

    A Connecticut state court judge has granted certification to a class of tipped workers in their wage-and-hour suit against a steakhouse at the Foxwoods Resort Casino, ruling they have plausibly shown that the restaurant failed to pay them a fair wage under state law.

  • May 21, 2024

    Circuit Split Could Still Derail FCC Subsidies, High Court Told

    Free market groups urged the U.S. Supreme Court on Tuesday to review their challenge to the Federal Communications Commission's subsidy programs, saying the Fifth Circuit could create a circuit split "at any time" by rejecting the fee-based system.

  • May 21, 2024

    DC Circ. Won't Let Fla. Halt Wetlands Permits Decision

    The D.C. Circuit on Monday refused Florida's request to pause a lower court's ruling that stripped the state of its federally delegated authority to administer a Clean Water Act permitting program until its appeal is resolved, rejecting its argument that the decision is likely to be reversed.

  • May 21, 2024

    ND Men Say Justices Should Agree With State In VRA Dispute

    Two local Republican Party officials are urging the U.S. Supreme Court to reverse a lower court's decision that gave a quick win to North Dakota over newly created voting subdistricts, arguing that Secretary of State Michael Howe's recent change of opinion in the litigation should alone resolve the issue.

  • May 21, 2024

    Strategic Hiring Was The New Normal For BigLaw In 2023

    The 400 largest law firms by headcount in the U.S. grew more slowly in 2023 than in the previous two years, while Kirkland & Ellis LLP surpassed the 3,000-attorney threshold, according to the latest Law360 ranking.

  • May 21, 2024

    The Law360 400: Tracking The Largest US Law Firms

    The legal market expanded more tentatively in 2023 than in previous years amid a slowdown in demand for legal services, especially in transactions, an area that has been sluggish but is expected to quicken in the near future.

  • May 20, 2024

    Law On Indian Country Jurisdiction Still Unsettled, Tulsa Says

    Officials of Tulsa, Oklahoma, have asked a federal district court to deny an intervention bid by the United States in a tribal challenge over criminal jurisdiction, saying that as an alternative, the lawsuit should be paused pending the outcome of a state case in which the governor's brother is fighting a speeding ticket.

  • May 20, 2024

    McKinsey Can't Nix Pregnant Women's Claims In Opioid MDL

    A California federal judge has cut some claims from multidistrict litigation seeking to hold McKinsey & Co. Inc. liable for infant neonatal abstinence syndrome caused by pregnant women's use of opioids, trimming fraud and nuisance-based claims, but allowing conspiracy and aiding-and-abetting claims to proceed against the consulting firm.

  • May 20, 2024

    Family Sues Feds For Fatal Shooting On Reservation

    The family of a Tohono O'odham Nation man who was shot and killed by U.S. Border Patrol agents is suing the federal government and the agents involved for wrongful death, alleging that his calm demeanor was greeted with a hail of gunfire.

  • May 20, 2024

    Nonprofits Renew Bid To Enter Red States' Border Wall Suit

    Two nonprofits urged a Texas federal court to add them to a challenge to the Biden administration's plans to use border wall appropriations for remediation projects, saying they were shocked by the administration's acceptance of an order suspending the plan.

  • May 20, 2024

    Local Governments Seek Sanctions For PBMs In Opioid MDL

    Four municipalities are asking an Ohio federal court overseeing the national opioid litigation to sanction pharmacy benefit managers Express Scripts Inc. and OptumRX Inc., saying they've willfully defied the court's order to provide complete responses to discovery requests.

  • May 20, 2024

    Wyo. Tribe Secures $9.2M For Wastewater Infrastructure

    The Northern Arapaho Business Council has been awarded a nearly $9.2 million federal grant aimed at improving a wastewater system known as the Beaver Creek Lagoon that serves the Beaver Creek housing development and Wind River Hotel & Casino.

  • May 17, 2024

    Utah, Farm Groups Ask To Reopen Bears Ears Monument Suit

    The state of Utah and two farming associations have asked a D.C. federal court to lift a more than three-year stay in a tribal case over the Bears Ears National Monument, saying the case is now moot and another monument case is pending before the Tenth Circuit.

  • May 17, 2024

    Group Sues Feds Over Logging In NH National Forest

    A forest protection group has sued the U.S. Forest Service in New Hampshire federal court, challenging commercial logging projects it recently approved in the White Mountain National Forest in New Hampshire.

  • May 17, 2024

    SD Gov. Says Cartels Operating On Tribal Lands Across US

    South Dakota Gov. Kristi Noem told reporters Friday that drug cartels are operating on tribal lands, not only in her state, but in Indigenous communities throughout the country, calling for seven of the state's nine tribes that have banned her to banish the illegal operations she described instead.

  • May 17, 2024

    DC Circ. Probes Carbon Capture In LNG Approval Challenge

    The D.C. Circuit on Friday questioned the Federal Energy Regulatory Commission's decision to reapprove a Texas liquefied natural gas terminal without considering the terminal developer's proposal to add environmentally friendly modifications, amid renewed challenges to the agency's authorization of LNG facilities in the Lone Star State.

  • May 17, 2024

    Off The Bench: Golf Star Arrest, Fla. Gambling, Gruden V. NFL

    In this week's Off the Bench, the world's top-ranked golfer is arrested after a traffic incident outside the PGA Championship, the federal government urges the U.S. Supreme Court to stay out of Florida's sports gambling dispute and Jon Gruden's defamation brawl with the NFL heads to arbitration.

  • May 16, 2024

    Alberta Oil Marketing Co. Says Biden Ruined Keystone Deal

    A Canadian oil-marketing company has formally accused President Joe Biden of destroying an energy infrastructure project deal with the province of Alberta by reversing course on the Keystone XL pipeline when he stepped into office, saying he has caused the company more than $1 billion in damages.

  • May 16, 2024

    Ariz. Lawmakers Say Groups Can't Be Part Of Monument Suit

    The Arizona Legislature is fighting bids by a slew of conservation groups and tribes to intervene in two lawsuits in federal court that challenge a Biden administration proclamation designating an Indigenous sacred site in the Grand Canyon region as a national monument.

Expert Analysis

  • Attorneys' Busiest Times Can Be Business Opportunities

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    Attorneys who resolve to grow their revenue and client base in 2024 should be careful not to abandon their goals when they get too busy with client work, because these periods of zero bandwidth can actually be a catalyst for future growth, says Amy Drysdale at Alchemy Consulting.

  • In The World Of Legal Ethics, 10 Trends To Note From 2023

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    Lucian Pera at Adams and Reese and Trisha Rich at Holland & Knight identify the top legal ethics trends from 2023 — including issues related to hot documents, artificial intelligence and cybersecurity — that lawyers should be aware of to put their best foot forward.

  • How Attorneys Can Be More Efficient This Holiday Season

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    Attorneys should consider a few key tips to speed up their work during the holidays so they can join the festivities — from streamlining the document review process to creating similar folder structures, says Bennett Rawicki at Hilgers Graben.

  • Clean Water Act Jurisdiction Still Murky After A Choppy 2023

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    This year brought several important Clean Water Act jurisdictional developments, including multiple agency rules and a U.S. Supreme Court ruling that substantially altered the definition of "waters of the United States," but a new wave of litigation challenges has already begun, with no clear end in sight, say attorneys at Nossaman.

  • A Former Bankruptcy Judge Talks 2023 High Court Rulings

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    In 2023, the U.S. Supreme Court issued four bankruptcy law opinions — an extraordinary number — and a close look at these cases signals that changes to the U.S. Bankruptcy Code will have to come from Congress, not the courts, says Phillip Shefferly at the University of Michigan Law School.

  • Series

    Children's Book Writing Makes Me A Better Lawyer

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    Becoming a children's book author has opened doors to incredible new experiences of which I barely dared to dream, but the process has also changed my life by serving as a reminder that strong writing, networking and public speaking skills are hugely beneficial to a legal career, says Shaunna Bailey at Sheppard Mullin.

  • How Clients May Use AI To Monitor Attorneys

    Excerpt from Practical Guidance
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    Artificial intelligence tools will increasingly enable clients to monitor and evaluate their counsel’s activities, so attorneys must clearly define the terms of engagement and likewise take advantage of the efficiencies offered by AI, says Ronald Levine at Herrick Feinstein.

  • Series

    The Pop Culture Docket: Judge D'Emic On Moby Grape

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    The 1968 Moby Grape song "Murder in My Heart for the Judge" tells the tale of a fictional defendant treated with scorn by the judge, illustrating how much the legal system has evolved in the past 50 years, largely due to problem-solving courts and the principles of procedural justice, says Kings County Supreme Court Administrative Judge Matthew D'Emic.

  • Series

    Performing Music Makes Me A Better Lawyer

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    The discipline of performing live music has directly and positively influenced my effectiveness as a litigator — serving as a reminder that practice, intuition and team building are all important elements of a successful law practice, says Jeff Wakolbinger at Bryan Cave.

  • Breaking Down High Court's New Code Of Conduct

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    The U.S. Supreme Court recently adopted its first-ever code of conduct, and counsel will need to work closely with clients in navigating its provisions, from gift-giving to recusal bids, say Phillip Gordon and Mateo Forero at Holtzman Vogel.

  • How Purdue High Court Case Will Shape Ch. 11 Mass Injury

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    The U.S. Supreme Court's recent arguments in Harrington v. Purdue Pharma, addressing the authority of bankruptcy courts to approve nonconsensual third-party releases in Chapter 11 settlement plans, highlight the case's wide-ranging implications for how mass injury cases get resolved in bankruptcy proceedings, says George Singer at Holland & Hart.

  • Opinion

    Legal Profession Gender Parity Requires Equal Parental Leave

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    To truly foster equity in the legal profession and to promote attorney retention, workplaces need to better support all parents, regardless of gender — starting by offering equal and robust parental leave to both birthing and non-birthing parents, says Ali Spindler at Irwin Fritchie.

  • 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.

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