Native American

  • May 23, 2024

    FERC Cements 1-Year Window For State, Tribal Water Permits

    The Federal Energy Regulatory Commission on Thursday said it will give states and tribes one year to act on water quality certificate requests from developers of any energy project seeking agency approval, the maximum amount of time allowed under the Clean Water Act.

  • May 22, 2024

    Arizona Officials Spar Over Stay In Voting Rights Fight

    Arizona Secretary of State Adrian Fontes is asking a federal district court to deny a bid by the state's top lawmakers and the Republican National Committee to pause a decision to bar provisions of voting legislation from being enforced, arguing that a change this close to an election would create confusion.

  • 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.

Expert Analysis

  • 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.

  • Understanding Discovery Obligations In Era Of Generative AI

    Excerpt from Practical Guidance
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    Attorneys and businesses must adapt to the unique discovery challenges presented by generative artificial intelligence, such as chatbot content and prompts, while upholding the principles of fairness, transparency and compliance with legal obligations in federal civil litigation, say attorneys at King & Spalding.

  • The Case For Post-Bar Clerk Training Programs At Law Firms

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    In today's competitive legal hiring market, an intentionally designed training program for law school graduates awaiting bar admission can be an effective way of creating a pipeline of qualified candidates, says Brent Daub at Gilson Daub.

  • Attorneys Have An Ethical Duty To Protect The Judiciary

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    The tenor of public disagreement and debate has become increasingly hostile against judges, and though the legislative branch is trying to ameliorate this safety gap, lawyers have a moral imperative and professional requirement to stand with judges in defusing attacks against them and their rulings, says Deborah Winokur at Cozen O'Connor.

  • AI Can Help Lawyers Overcome The Programming Barrier

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    Legal professionals without programming expertise can use generative artificial intelligence to harness the power of automation and other technology solutions to streamline their work, without the steep learning curve traditionally associated with coding, says George Zalepa at Greenberg Traurig.

  • Preparing Law Students For A New, AI-Assisted Legal World

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    As artificial intelligence rapidly transforms the legal landscape, law schools must integrate technology and curricula that address AI’s innate challenges — from ethics to data security — to help students stay ahead of the curve, say Daniel Garrie at Law & Forensics, Ryan Abbott at JAMS and Karen Silverman at Cantellus Group.

  • Bid Protest Spotlight: Instructions, Jurisdiction, Scrutiny

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    In this month's bid protest roundup, Michaela Thornton at MoFo examines three recent protests resolved in the U.S. Court of Federal Claims and the U.S. Government Accountability Office that arose from indefinite-delivery, indefinite-quantity contract awards and offer important reminders about the fundamentals of procurement law.

  • General Counsel Need Data Literacy To Keep Up With AI

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    With the rise of accessible and powerful generative artificial intelligence solutions, it is imperative for general counsel to understand the use and application of data for myriad important activities, from evaluating the e-discovery process to monitoring compliance analytics and more, says Colin Levy at Malbek.

  • A Look At Successful Bid Protests In FY 2023

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    Attorneys at Sheppard Mullin look beyond the statistics in the U.S. Government Accountability Office’s recent annual report on bid protests, sharing their insights about nine categories of sustained protests, gained from reading every fiscal year 2023 decision in which the protester had a positive result.

  • Rite Aid's Reasons For Ch. 11 Go Beyond Opioid Suits

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    Despite opioid-related lawsuits being the perceived reason that pushed Rite Aid into bankruptcy, the company's recent Chapter 11 filing reveals its tenuous position in the pharmaceutical retail market, and only time will tell whether bankruptcy will right-size the company, says Daniel Gielchinsky at DGIM Law.

  • Navigating Discovery Of Generative AI Information

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    As generative artificial intelligence tools become increasingly ubiquitous, companies must make sure to preserve generative AI data when there is reasonable expectation of litigation, and to include transcripts in litigation hold notices, as they may be relevant to discovery requests, say Nick Peterson and Corey Hauser at Wiley.

  • Finding Focus: Strategies For Attorneys With ADHD

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    Given the prevalence of ADHD among attorneys, it is imperative that the legal community gain a better understanding of how ADHD affects well-being, and that resources and strategies exist for attorneys with this disability to manage their symptoms and achieve success, say Casey Dixon at Dixon Life Coaching and Krista Larson at Stinson.

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