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Native American
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August 12, 2024
Ease Letter Of Credit Rules For Tribal Broadband, FCC Urged
Tribal telecom carriers have called on the Federal Communications Commission to ease or eliminate bank credit restrictions for tribes bidding on federally funded broadband deployment projects, pointing to unique challenges they face in securing the required letters of credit.
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August 12, 2024
Construction Co. Says Tribe Can't Escape $1.9M Wage Suit
A New York construction company is fighting a bid by an entity created by the Mashpee Wampanoag Tribe to dismiss a $1.9 million wage dispute for work done on an $11.75 million Cape Cod, Massachusetts, housing project, arguing that sovereign immunity can't protect it from the litigation.
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August 12, 2024
Protest Tossed After Navy Cancels $12M Software Deal
A Court of Federal Claims judge has dismissed a technology company's protest over the U.S. Navy's alleged violation of a federal preference for commercial products when it issued a sole-source software contract, finding cancellation of the deal made the dispute effectively moot.
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August 12, 2024
Catching Up With Delaware's Chancery Court
Multimillion-dollar share conversions, power struggles in a classic rock band, a good deal for fandom collectibles, and a pindown by two heavyweights were all part of the spectacle in Delaware's Court of Chancery last week. New cases involved pharmaceutical companies, cannabis, drones and liquid-gas exports. In case you missed it, here's the latest from the Chancery Court.
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August 09, 2024
RNC, Ariz. Lawmakers Ask Justice Kagan To Halt Voting Order
The Republican National Committee and the leaders of Arizona's House and Senate want Justice Elena Kagan to block a district court's injunction that bars the state from prohibiting individuals without proper citizenship documentation from voting, saying the order is an "unprecedented abrogation" of the state legislature's sovereign authority.
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August 09, 2024
The Long Road To Legalizing Pot In Florida And South Dakota
Voters in Florida and South Dakota will have the opportunity this Election Day to legalize recreational marijuana for adults 21 and over, and while the two efforts vary in their particulars, they both follow years of work by legalizers to craft a proposal that could gain court approval.
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August 09, 2024
NY Counties Say Cayuga Nation's 911 Suit Not An Emergency
Two New York counties have urged a federal district court to toss the Cayuga Nation's lawsuit accusing the counties of refusing to forward the reservation's 911 calls to the tribe's police department unless it pays, arguing the tribe's civil rights protection claims are not enforceable.
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August 09, 2024
DOL Settles White Mountain Apache Tribe's ERISA Suit
A D.C. federal judge has signed off on an agreement between the U.S. Department of Labor and the White Mountain Apache Tribe that settles its ERISA suit claiming the agency unlawfully slapped it with $140,000 in penalties after abruptly enforcing certain pension reporting requirements.
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August 08, 2024
Feds Award $36M To Boost Wyo. Indigenous Ecotourism
The Biden-Harris administration has announced that it plans to award about $36 million to a tribal economic development fund to stimulate growth on or near the Wind River Indian Reservation in Wyoming.
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August 08, 2024
Tribe Must Arbitrate Union Card Check Dispute, Judge Says
A California tribe that owns a casino must go to arbitration with UNITE HERE over a spat concerning a representation process with a card check procedure, a federal district court has determined, saying the parties agreed to arbitrate disputes about interpretations of a 2017 accord.
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August 08, 2024
Ark. Racing Commission Wants Out Of Licensing Dispute
The Arkansas Racing Commission wants out of a dispute between a Mississippi casino operator and two Cherokee Nation entities over a gambling license, saying it has nothing to do with an economic development agreement at the center of the litigation.
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August 08, 2024
Texas LNG Investor's Estate Sues In Del. Over Stake Valuation
The estate of a deceased investor who had a minority stake in a long-delayed liquified natural gas export project in Texas has sued his investment company and co-investors in Delaware's Chancery Court, alleging they are attempting to short-change the estate by undervaluing his stake in the project.
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August 08, 2024
FCC Adopts New Emergency Code For Missing Persons
The Federal Communications Commission has established a new alert code for missing and endangered persons that will deliver critical messages through television, radio and cellphones, a move the federal agency says will be of particular benefit to tribal communities that have a disproportionate risk of violence, murder or vanishing.
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August 08, 2024
Drilling Permit Suit Must Be Revived, Enviro Orgs. Tell DC Circ.
Conservation groups are defending their standing to challenge federal approvals of thousands of drilling permits in New Mexico and Wyoming, telling the D.C. Circuit that they have pressed specific allegations showing that the drilling would harm the environment and their members.
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August 07, 2024
Servers Seek Default In Foxwoods Restaurant Wage Case
A class of servers who claim their tips were shorted by Sugar Factory, a restaurant at the Mashantucket Pequot Tribal Nation's Foxwoods Resort Casino in Connecticut, are seeking a default entry against a company behind the eatery.
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August 07, 2024
Feds Let The Wrong Family Bury Hopi Artist's Body, Kids Say
The children of a renowned Hopi artist have sued the United States in Arizona federal court on claims that an Indian Health Service facility gave their deceased mother's body to the wrong family, saying they couldn't give her a proper burial due to the government's negligence.
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August 07, 2024
DOE Plans To Invest $30M In Tribal Energy, Colleges
The U.S. Department of Energy's Office of Indian Energy Policy and Programs plans to invest $30 million to support clean energy planning and transition Native American colleges and universities to carbon-free power sources.
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August 07, 2024
A Harris-Walz Win Would Also Make History In Minnesota
A November win for the presumed Democratic presidential ticket would not just land another historical first for the nation, it would also be a double score for Minnesota as Lt. Gov. Peggy Flanagan would become both its first female governor and Native American woman to lead a state.
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August 06, 2024
New Bill Would Create 400K-Acre National Monument In Ariz.
A bill introduced by a ranking member of the House natural resources committee looks to protect 400,000 acres in southern Arizona while declaring the site with ties to at least 13 federally recognized tribes a national monument.
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August 06, 2024
Miss. Casino Says License Dispute Belongs In State Court
A lawsuit challenging the gambling license awarded to the Cherokee Nation's entertainment business should be sent back to state court where it was originally filed, a Mississippi casino operator told an Arkansas federal judge Monday.
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August 06, 2024
Ariz. Tribe Seeks To Block Lithium Exploration Project
An Arizona tribe is asking a federal district court to block the approval of a lithium exploration project that it says threatens the life of a sacred medical spring used for cultural and religious purposes, arguing the Bureau of Land Management failed to consider its actions on the historic property.
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August 06, 2024
DC Circ. Axes FERC Reauthorizations For Texas LNG Projects
The D.C. Circuit on Tuesday vacated reauthorization orders that the Federal Energy Regulatory Commission issued for liquefied natural gas projects on the Texas Gulf Coast over environmental analysis deficiencies.
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August 06, 2024
Energy Dept. Awards $2.2B For 8 Grid Upgrade Projects
The U.S. Department of Energy on Tuesday awarded $2.2 billion of congressional funding for an eight-pack of electric grid projects, including $700 million for a transmission line that would create a new link between the western and eastern portions of the U.S. grid.
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August 05, 2024
Wis. Bank Settles Tribal Group's Bias Suit Over Peyote Use
A local Wisconsin bank and Native American company Medicine Fireplace have jointly told a federal judge they've resolved a lawsuit claiming that the financial institution denied service to the nonprofit firm, whose members use the hallucinogenic peyote plant in their religious ceremonies.
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August 05, 2024
GSA Makes First Tribal Carbon-Free Electricity Purchase
A Seneca Nation holding company is the first tribal majority-owned business to be awarded a bid from the U.S. General Services Administration to sell carbon pollution-free electricity to the federal agency, a move that's been in the works since at least April.
Expert Analysis
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Lead Like 'Ted Lasso' By Embracing Cognitive Diversity
The Apple TV+ series “Ted Lasso” aptly illustrates how embracing cognitive diversity can be a winning strategy for teams, providing a useful lesson for law firms, which can benefit significantly from fresh, diverse perspectives and collaborative problem-solving, says Paul Manuele at PR Manuele Consulting.
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Opinion
Now More Than Ever, Lawyers Must Exhibit Professionalism
As society becomes increasingly fractured and workplace incivility is on the rise, attorneys must champion professionalism and lead by example, demonstrating how lawyers can respectfully disagree without being disagreeable, says Edward Casmere at Norton Rose.
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Opinion
High Court Made Profound Mistake In Tossing Purdue Deal
The U.S. Supreme Court's recent decision to throw out Purdue Pharma's Chapter 11 plan jeopardizes a multistate agreement that would provide approximately $7 billion in much-needed relief to help fight the opioid epidemic, with states now likely doomed to spend years chasing individual defendants across the globe, says Swain Wood at Morningstar.
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Series
Serving In The National Guard Makes Me A Better Lawyer
My ongoing military experience as a judge advocate general in the National Guard has shaped me as a person and a lawyer, teaching me the importance of embracing confidence, balance and teamwork in both my Army and civilian roles, says Danielle Aymond at Baker Donelson.
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A Midyear Forecast: Tailwinds Expected For Atty Hourly Rates
Hourly rates for partners, associates and support staff continued to rise in the first half of this year, and this growth shows no signs of slowing for the rest of 2024 and into next year, driven in part by the return of mergers and acquisitions and the widespread adoption of artificial intelligence, says Chuck Chandler at Valeo Partners.
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Opinion
States Should Loosen Law Firm Ownership Restrictions
Despite growing buzz, normalized nonlawyer ownership of law firms is a distant prospect, so the legal community should focus first on liberalizing state restrictions on attorney and firm purchases of practices, which would bolster succession planning and improve access to justice, says Michael Di Gennaro at The Law Practice Exchange.
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FERC Rule Is A Big Step Forward For Transmission Planning
The Federal Energy Regulatory Commission's recent electric transmission system overhaul marks significant progress to ensure the grid can deliver electricity at reasonable prices, with a 20-year planning requirement and other criteria going further than prior attempted reforms, say Tom Millar and Gwendolyn Hicks at Winston & Strawn.
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Series
Solving Puzzles Makes Me A Better Lawyer
Tackling daily puzzles — like Wordle, KenKen and Connections — has bolstered my intellectual property litigation practice by helping me to exercise different mental skills, acknowledge minor but important details, and build and reinforce good habits, says Roy Wepner at Kaplan Breyer.
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Texas Ethics Opinion Flags Hazards Of Unauthorized Practice
The Texas Professional Ethics Committee's recently issued proposed opinion finding that in-house counsel providing legal services to the company's clients constitutes the unauthorized practice of law is a valuable clarification given that a UPL violation — a misdemeanor in most states — carries high stakes, say Hilary Gerzhoy and Julienne Pasichow at HWG.
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2 Options For Sackler Family After High Court Purdue Ruling
After the U.S. Supreme Court recently blocked Purdue Pharma's plan to shield the family that owns the company from bankruptcy lawsuits, the Sacklers face the choice to either continue litigation, or return to the bargaining table for a settlement that doesn't eliminate creditor claims, says Gregory Germain at Syracuse University.
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In Memoriam: The Modern Administrative State
On June 28, the modern administrative state, where courts deferred to agency interpretations of ambiguous statutes, died when the U.S. Supreme Court overruled its previous decision in Chevron v. Natural Resources Defense Council — but it is survived by many cases decided under the Chevron framework, say Joseph Schaeffer and Jessica Deyoe at Babst Calland.
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Series
After Chevron: Impact On Indian Law May Be Muted
Agency interpretations of Indian law statutes that previously stood the test of judicial review are likely to withstand new challenges even after the end of Chevron deference, but litigation in the area is all but certain, say attorneys at Jenner & Block.
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How To Clean Up Your Generative AI-Produced Legal Drafts
As law firms increasingly rely on generative artificial intelligence tools to produce legal text, attorneys should be on guard for the overuse of cohesive devices in initial drafts, and consider a few editing pointers to clean up AI’s repetitive and choppy outputs, says Ivy Grey at WordRake.
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2nd Circ. ERISA Ruling May Help Fight Unfair Arb. Clauses
The Second Circuit recently held that a plaintiff seeking planwide relief under the Employee Retirement Income Security Act cannot be compelled to individual arbitration, a decision that opens the door to new applications of the effective vindication doctrine to defeat onerous and one-sided arbitration clauses, say Raphael Janove and Liana Vitale at Janove.
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Series
Boxing Makes Me A Better Lawyer
Boxing has influenced my legal work by enabling me to confidently hone the skills I've learned from the sport, like the ability to remain calm under pressure, evaluate an opponent's weaknesses and recognize when to seize an important opportunity, says Kirsten Soto at Clyde & Co.