Native American

  • July 18, 2024

    6th Circ. Looks To Wash Hands Of Waters Of US Appeal

    An exasperated Sixth Circuit panel on Thursday looked for an easy way to dispatch Kentucky and industry groups' appeal of the dismissal of their challenges to a federal government rule defining the scope of the Clean Water Act.

  • July 18, 2024

    Docs Get Same Hefty Opioid Sentences Despite Top Court Win

    Two Alabama doctors accused of unlawfully prescribing patients fentanyl and other opioids failed to shave time off their lengthy prison sentences despite a landmark U.S. Supreme Court decision that raised the bar for such prosecutions.

  • July 17, 2024

    DOI Rejects Calif. Tribal Members' Lineal Descent Claims

    The U.S. Department of the Interior is backing its bid to dismiss a D.C. federal court lawsuit brought by family members who seek control of the California Valley Miwok Tribe, highlighting its argument that their claims have already been decided in several prior cases.

  • July 17, 2024

    Lawmakers Say Bid To Toss Monument Suit Is A 'Red Herring'

    The Arizona Legislature is fighting a bid by the Biden administration to dismiss a challenge to a presidential proclamation that established an Indigenous site as a national monument in the Grand Canyon region, arguing that the state's constitution gives the lawmakers power over state trust lands.

  • July 17, 2024

    Pharma Co. Slams Magistrate's Venue Report In Opioid Suit

    A pharmaceuticals distributor is objecting to an Oklahoma federal magistrate judge's recent recommendation to deny as moot the company's bid to dismiss a Cherokee Nation suit accusing it of flooding tribal communities with opioids, saying the case shouldn't be sent to state court.

  • July 17, 2024

    FCC To Vote On New Emergency Code For Missing Persons

    The Federal Communications Commission announced Tuesday that it plans to vote Aug. 7 on new rules for radio and TV broadcasters to add a code for missing adults to the emergency alert system.

  • July 17, 2024

    New Mexico Adds Superfund Claims To PFAS Suit Against US

    New Mexico is expanding its lawsuit against the federal government over costs related to cleaning up forever chemicals near military sites by utilizing a new rule listing the substances as hazardous under the Superfund law.

  • July 16, 2024

    Calif. Tribe Awarded $8.2M Over Destruction Of Cultural Site

    A California district court judge has granted the Quechan Indian Tribe's request for approximately $8.2 million in damages after finding that a federal government construction project damaged cultural and archaeological sites on the tribe's reservation.

  • July 16, 2024

    Enbridge Seeks 6th Circ. Rehearing In Venue Dispute

    Enbridge Energy LP has asked the full Sixth Circuit to rehear an appellate panel's decision to send the company's pipeline dispute with Michigan's attorney general back to state court, arguing that the opinion creates a conflict within the circuit over when the removal clock starts running.

  • July 16, 2024

    Pollution Settlement Will Work To Restore Wash. River Habitat

    An agreement between the federal government, Washington state and two tribes, on one side, and a pair of recycling companies and a metal fabricator on the other will put in place a three-acre habitat restoration project along the Lower Duwamish River in Seattle, resolving claims that oil and hazardous were released into the waters for a decade.

  • July 16, 2024

    Pentagon, GSA Seek 'Record-Setting' Clean Energy Projects

    The U.S. Department of Defense and the U.S. General Services Administration say they are going for "record-setting federal purchases of clean energy" in a joint statement seeking contractors who will be able to get multiple federal facilities running entirely on carbon-pollution-free power by 2030.

  • July 16, 2024

    The 2024 Diversity Snapshot: What You Need To Know

    Law firms' ongoing initiatives to address diversity challenges have driven another year of progress, with the representation of minority attorneys continuing to improve across the board, albeit at a slower pace than in previous years. Here's our data dive into minority representation at law firms in 2023.

  • July 16, 2024

    These Firms Have The Most Diverse Equity Partnerships

    Law360’s law firm survey shows that firms' efforts to diversify their equity partner ranks are lagging. But some have embraced a broader talent pool at the equity partner level. Here are the ones that stood out.

  • July 15, 2024

    Tribes Fight Red States' Bid To Halt EPA Water Rule

    Tribal nations are seeking to challenge a bid by red states in North Dakota federal court to block a U.S. Environmental Protection Agency rule revision requiring states to consider tribes in addressing water quality standards under the Clean Water Act, arguing that the agency has the power to change its regulations.

  • July 15, 2024

    Farm, Fuel Groups Challenge Feds' Land Conservation Rule

    The U.S. Bureau of Land Management broke the law when it published a rule creating two new types of conservation leases for federal lands, a coalition of agriculture and fossil fuel advocacy groups said in a new lawsuit.

  • July 15, 2024

    BEAD Should Not 'Impede' Rural 5G Fund, FCC Says

    The chair of the Federal Communications Commission told Congress the fear of overlapping deployment is no reason for the government to spend infrastructure dollars on building out fixed internet service before auctioning spectrum for rural mobile broadband projects.

  • July 15, 2024

    9th Circ. Won't Review Toss Of Youths' Climate Case

    The Ninth Circuit has rejected youth plaintiffs' request for an en banc rehearing of a May ruling that dismissed their climate change suit against the U.S. government.

  • July 15, 2024

    Ariz. Rancher Says Monument Order A 'Regulatory Regime'

    A sixth-generation Arizona rancher is fighting a bid by the Biden administration to dismiss litigation challenging a presidential proclamation that designated an Indigenous site in the Grand Canyon region a national monument, arguing the order subjects him to a "regulatory regime" he must comply with to enhance his property.

  • July 15, 2024

    Okla. Tribes Agree To Share Hunting, Fishing Rights

    Oklahoma's Five Civilized Tribes say an agreement that will allow its members to use their tribal hunting and fishing licenses to access one another's territories strengthens their sovereign rights and gives them greater autonomy over the care and preservation of the land for future generations.

  • July 15, 2024

    US Wins $15B Keystone Cancellation Case

    The U.S. has won the $15 billion arbitration case brought by TC Energy over the cancellation of the Keystone pipeline, with an international tribunal dismissing the claims on jurisdictional grounds.

  • July 12, 2024

    Law360 Names 2024's Top Attorneys Under 40

    Law360 is pleased to announce the Rising Stars of 2024, our list of 158 attorneys under 40 whose legal accomplishments belie their age.

  • July 12, 2024

    Opioid MDL Plaintiffs Atty Fee Awards Upheld

    The Ohio federal judge overseeing the multidistrict litigation over the opioid epidemic denied several law firms' requests to amend the share of legal fees they received in the case, except an appeal from Spangenberg Shibley & Liber, reasoning that one of its attorneys' work has been "invaluable."

  • July 12, 2024

    Plaintiffs Want Opioid MDL Bellwethers Cut For Lost Emails

    Plaintiffs in the multidistrict litigation arising from the opioid epidemic again asked an Ohio federal court on Friday to sever two of four bellwethers, accusing pharmacy benefit managers of preferring to "foster a sideshow" to further draw out litigation after learning of deficiencies in evidence preservation by some of the cities and counties that initiated cases.

  • July 12, 2024

    BNSF Puts Up $426M To Stay Tribe's Win Pending Appeal

    BNSF Railway Co. on Friday asked a federal judge to approve a $426 million security bond and to stay enforcement of a nearly $400 million judgment for trespassing across a Washington tribe's territory, while the railroad appeals.

  • July 12, 2024

    Feds Join Voting Rights Suit Over Georgia Election Law

    The federal government has joined a suit against Georgia officials over their 2021 voting law after a federal judge allowed it to intervene in wide-ranging litigation against the measure, saying state lawmakers intend to deny Black Georgians and other people of color the right to vote because of their race.

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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