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

  • Opinion

    High Court Made Profound Mistake In Tossing Purdue Deal

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    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.

  • Series

    Serving In The National Guard Makes Me A Better Lawyer

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    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.

  • A Midyear Forecast: Tailwinds Expected For Atty Hourly Rates

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    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.

  • Opinion

    States Should Loosen Law Firm Ownership Restrictions

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    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.

  • FERC Rule Is A Big Step Forward For Transmission Planning

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    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.

  • Series

    Solving Puzzles Makes Me A Better Lawyer

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    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.

  • Texas Ethics Opinion Flags Hazards Of Unauthorized Practice

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    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.

  • 2 Options For Sackler Family After High Court Purdue Ruling

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    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.

  • In Memoriam: The Modern Administrative State

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    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.

  • Series

    After Chevron: Impact On Indian Law May Be Muted

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    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.

  • How To Clean Up Your Generative AI-Produced Legal Drafts

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    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.

  • 2nd Circ. ERISA Ruling May Help Fight Unfair Arb. Clauses

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    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.

  • Series

    Boxing Makes Me A Better Lawyer

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    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.

  • Purdue Ch. 11 Ruling Reinforces Importance Of D&O Coverage

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    The U.S. Supreme Court's recent decision in Harrington v. Purdue Pharma, holding that a Chapter 11 reorganization cannot discharge claims against a nondebtor without affected claimants' consent, will open new litigation pathways surrounding corporate insolvency and increase the importance of robust directors and officers insurance, says Evan Bolla at Harris St. Laurent.

  • Opinion

    Industry Self-Regulation Will Shine Post-Chevron

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    The U.S. Supreme Court's Loper decision will shape the contours of industry self-regulation in the years to come, providing opportunities for this often-misunderstood practice, says Eric Reicin at BBB National Programs.

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