Native American

  • September 16, 2024

    9th Circ. Won't Review Tribal Jurisdiction In Virus Suit

    An en banc panel of the Ninth Circuit on Monday upheld a panel's finding that the Suquamish Tribal Court has jurisdiction over the tribe's coronavirus coverage dispute with its insurers, though a dissent claimed the panel decision "gutted any geographic limits of tribal court jurisdiction."

  • September 16, 2024

    Why A Tactic In The Youth Climate Change Battle Is Risky

    Young people suing the federal government for sweeping changes to climate policy are trying a new tactic, filing a mandamus petition in the U.S. Supreme Court in an effort to get their case to trial. But some lawyers are worried the tactic may backfire, limiting the opportunity for others to use the courts to wage climate battles, experts told Law360. 

  • September 16, 2024

    Biden Methane Rule Is Gov't Overstep, ND Judge Rules

    The Biden administration can't enforce a rule aimed at curbing methane gas emissions from federally held oil and gas leases in a coalition of Republican-led states led by North Dakota after a federal judge found the states had sufficiently shown the government may have overstepped its authority.

  • September 13, 2024

    The 2024 Regional Powerhouses

    The law firms on Law360's list of 2024 Regional Powerhouses reflected the local peculiarities of their states while often representing clients in deals and cases that captured national attention.

  • September 13, 2024

    9th Circ. Ruling Guts Religious Protections, Apaches Say

    The U.S. Supreme Court should stop the federal government from handing over a sacred tribal site in Arizona's Tonto National Forest to a copper mining joint venture owned by Rio Tinto and BHP, the San Carlos Apache Tribe argued, saying that the decision could pose an "existential threat" to Native Americans.

  • September 13, 2024

    Trio Of BigLaw Mergers Expected To Drive More Deal Talks

    After months of a relatively steady pace of law firm mergers and acquisitions, the trio of proposed BigLaw tie-ups announced in recent days will likely spur more firms toward entertaining similar deal talks, experts say. Here, Law360 offers a snapshot of the proposed deals.

  • September 13, 2024

    Treasury Proposes Rules Defining Tax-Exempt Tribal Benefits

    Treasury and the Internal Revenue Service released proposed rules Friday that would define what qualifies as tribal welfare benefits exempt from taxable income.

  • September 12, 2024

    Biden Sets Record On Appointing Native American Judges

    As part of his commitment to diversify the federal judiciary, President Joe Biden has appointed Native American judges in record strides. But stakeholders say there's more to be done for this vastly underrepresented population, and several judicial vacancies in states with large Native populations offer opportunity for continued progress. 

  • September 12, 2024

    Kids Ask Supreme Court To Revive Long-Running Climate Suit

    A group of children accusing the federal government of creating policies that worsen climate change asked the U.S. Supreme Court to revive their case, arguing in a petition filed Thursday that the Ninth Circuit overstepped when it ordered the trial court to dismiss the case this spring.

  • September 12, 2024

    Aetna Sued For Not Covering Gender-Affirming Facial Surgery

    Aetna Life Insurance Company violates bias prohibitions in federal healthcare law by categorically excluding coverage for gender-affirming facial reconstruction surgery, three transgender women claim in a proposed class action in Connecticut federal court.

  • September 12, 2024

    Accuracy, Security Top Firms' Concerns As AI Use Rises

    Most law firms are using artificial intelligence tools for routine tasks over the coming year or plan to use them, but lawyers are concerned about the accuracy and security of the technology, an industry survey revealed on Thursday.

  • September 11, 2024

    Litigation Spending To Rise As Cases Grow More Aggressive

    A substantial number of large companies are expecting to increase their litigation spending by double digits next year in the face of more complex and hard-fought cases — and they are more open to bringing in new legal talent to navigate the matters, according to a report released Thursday. 

  • September 11, 2024

    Wisconsin Town Urges Court to Block Tribe's Road Barricades

    The town of Lac Du Flambeau, Wisconsin, says it will continue suffering irreparable harm when temporary right-of-way permits expire Thursday if a neighboring Native American band again barricades four roadways that cut across tribal land.

  • September 11, 2024

    Department Of Homeland Security's Top Lawyer Steps Down

    The Department of Homeland Security's top lawyer has resigned from his position in the administration, according to a LinkedIn post.

  • September 11, 2024

    No Dice: Ex-Studio Mogul Slams Casino's Retooled Debt Suit

    A former Hollywood studio bigwig saddled with a gambling debt lawsuit has told a Connecticut state court that Mohegan Tribal Gaming Authority is relying on an invalid contract to support its breach claim.

  • September 10, 2024

    2024's Top Rulings In Native American Law

    The U.S. Supreme Court this year has handed down rulings with huge price tags attached — from millions in healthcare reimbursement funding required for tribes to lending Florida a win that will garner it a new revenue stream — that are expected to have large implications for Native American sovereignty. Here, Law360 takes a look at some of the biggest decisions in Native American law from the first half of 2024.

  • September 10, 2024

    Ariz. Gov. Can Join Monument Suit, Tribes and Enviros Sit Out

    The state of Arizona can intervene in a fight over the Biden administration's creation of a national monument on an Indigenous site, but groups of tribes and conservation organizations aren't allowed in the suit, at least for now, a federal judge ruled Monday.

  • September 10, 2024

    'Structuring Issue' Snarls TC Energy's CA$1B Pipeline Deal

    Canadian natural gas company TC Energy on Tuesday paused its planned CA$1 billion ($736.7 million) sale of a minority stake in a pipeline system and assets to an Indigenous-owned buyer, citing a "transaction structuring issue."

  • September 09, 2024

    FCC Is Asked To Allow Bonds As Backup For Funding Awards

    More interest groups are calling on the Federal Communications Commission to ease letter of credit requirements for recipients of the Rural Digital Opportunity Fund, with a coalition of bond producers telling the commission that their products would guarantee creditworthiness just as well as credit letters from U.S. banks.

  • September 09, 2024

    Tribal Nations Say Indigenous Issues Missing On Debate Stage

    There are nearly 10 million Native Americans with the power to impact U.S. politics and elections, a group of tribal leaders have said, yet Indigenous rights and needs are rarely represented in national policy conversations or on the U.S. presidential debate stage.

  • September 09, 2024

    No Reason For DOI Delay In Recognition Rule, Tribe Says

    A Michigan tribe at the crux of the Interior Department's anticipated new rule on repetitioning for federal recognition is arguing that the agency's position that a federal court cannot interfere in policy decisions is unsupported by law and that there's no reason it can't complete the rulemaking process by Nov. 1.

  • September 09, 2024

    EPA Power Plant GHG Rule Is Unworkable, DC Circ. Told

    The U.S. Environmental Protection Agency's push to curb greenhouse gas pollution from power plants imposes unrealistic carbon capture and sequestration requirements, jeopardizes power grid reliability and exceeds its Clean Air Act authority, two dozen states and a host of coal and utility groups told the D.C. Circuit on Friday.

  • September 09, 2024

    Baltimore Strikes $80M Opioid Settlement With Teva

    Teva Pharmaceuticals will pay Baltimore $80 million to resolve claims that the company inflamed the city's opioid crisis, the city of Baltimore announced Monday ahead of a trial slated to begin next week against the remaining defendants in the Maryland state court litigation.

  • September 06, 2024

    EPA Updates Public Engagement Plan For 1st Time In 20 Years

    The U.S. Environmental Protection Agency is beefing up its public engagement policy to better communicate with community members, Native American tribes, businesses, trade groups and other parties with a stake in the EPA's programs and regulations.

  • September 06, 2024

    Amnesty International Calls For Indigenous Activist's Release

    Amnesty International is urging President Joe Biden to grant clemency to a Native American activist serving a life sentence for his conviction in the 1975 slayings of two FBI agents, saying he's approaching his 80th birthday, and his release is necessary in the interests of justice and mercy.

Expert Analysis

  • Reimagining Law Firm Culture To Break The Cycle Of Burnout

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    While attorney burnout remains a perennial issue in the legal profession, shifting post-pandemic expectations mean that law firms must adapt their office cultures to retain talent, say Kevin Henderson and Eric Pacifici at SMB Law Group.

  • Series

    Competing In Dressage Makes Me A Better Lawyer

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    My lifelong participation in the sport of dressage — often called ballet on horses — has proven that several skills developed through training and competition are transferable to legal work, especially the ability to harness focus, persistence and versatility when negotiating a deal, says Stephanie Coco at V&E.

  • Del. Ruling Adds Momentum For Caremark Plaintiffs

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    The Delaware Supreme Court's recent opinion in Lebanon County Employees' Retirement Fund v. Collis could be viewed as expanding plaintiffs' ability to viably plead a Caremark claim against directors, so Delaware companies should be on heightened alert and focus on creating a record of board oversight, say attorneys at V&E.

  • The Legal Industry Needs A Cybersecurity Paradigm Shift

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    As law firms face ever-increasing risks of cyberattacks and ransomware incidents, the legal industry must implement robust cybersecurity measures and privacy-centric practices to preserve attorney-client privilege, safeguard client trust and uphold the profession’s integrity, says Ryan Paterson at Unplugged.

  • 5 Reasons Associates Shouldn't Take A Job Just For Money

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    As a number of BigLaw firms increase salary scales for early-career attorneys, law students and lateral associates considering new job offers should weigh several key factors that may matter more than financial compensation, say Albert Tawil at Lateral Hub and Ruvin Levavi at Power Forward.

  • Series

    Playing Competitive Tennis Makes Me A Better Lawyer

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    My experience playing competitive tennis has highlighted why prioritizing exercise and stress relief, maintaining perspective under pressure, and supporting colleagues in pursuit of a common goal are all key aspects of championing a successful legal career, says Madhumita Datta at Lowenstein Sandler.

  • Series

    The Pop Culture Docket: Judge Djerassi On Super Bowl 52

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    Philadelphia Court of Common Pleas Judge Ramy Djerassi discusses how Super Bowl 52, in which the Philadelphia Eagles prevailed over the New England Patriots, provides an apt metaphor for alternative dispute resolution processes in commercial business cases.

  • Bid Protest Spotlight: Supplementation, Conversion, Rejection

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    In this month's bid protest roundup, Lyle Hedgecock and Michaela Thornton at MoFo discuss recent cases highlighting how the U.S. Government Accountability Office and the U.S. Court of Federal Claims consider supplementation of the record and an agency’s attempt to convert a sealed bid opportunity into a negotiated procurement, as well as an example of precedential drift.

  • Employee Experience Strategy Can Boost Law Firm Success

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    Amid continuing business uncertainty, law firms should consider adopting a holistic employee experience strategy — prioritizing consistency, targeting signature moments and leveraging measurement tools — to maximize productivity and profitability, says Haley Revel at Calibrate Consulting.

  • Series

    Competing In Triathlons Makes Me A Better Lawyer

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    While practicing law and competing in long-distance triathlons can make work and life feel unbalanced at times, participating in the sport has revealed important lessons about versatility, self-care and perseverance that apply to the office as much as they do the racecourse, says Laura Heusel at Butler Snow.

  • Where Justices Stand On Chevron Doctrine Post-Argument

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    Following recent oral argument at the U.S. Supreme Court, at least four justices appear to be in favor of overturning the long-standing Chevron deference, and three justices seem ready to uphold it, which means the ultimate decision may rest on Chief Justice John Roberts' vote, say Wayne D'Angelo and Zachary Lee at Kelley Drye.

  • Perspectives

    6 Practice Pointers For Pro Bono Immigration Practice

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    An attorney taking on their first pro bono immigration matter may find the law and procedures beguiling, but understanding key deadlines, the significance of individual immigration judges' rules and specialized aspects of the practice can help avoid common missteps, says Steven Malm at Haynes Boone.

  • Lessons From Country Singer's Personal Service Saga

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    Recent reports that country singer Luke Combs won a judgment against a Florida woman who didn’t receive notice of the counterfeit suit against her should serve as a reminder for attorneys on best practices for effectuating service by electronic means, say attorneys at Jenner & Block.

  • Series

    Baking Bread Makes Me A Better Lawyer

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    After many years practicing law, and a few years baking bread, I have learned that there are a few keys to success in both endeavors, including the assembly of a nourishing and resilient culture, and the ability to learn from failure and exercise patience, says Rick Robinson at Reed Smith.

  • Federal Courts And AI Standing Orders: Safety Or Overkill?

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    Several district court judges have issued standing orders regulating the use of artificial intelligence in their courts, but courts should consider following ordinary notice and comment procedures before implementing sweeping mandates that could be unnecessarily burdensome and counterproductive, say attorneys at Curtis.

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