Native American

  • 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.

  • October 01, 2024

    Feds Escape Claims In Okla. Tribe's Casino Land Row

    An Oklahoma federal judge has tossed several Comanche Nation claims against the U.S. Department of the Interior in a suit seeking to shut down a rival casino the tribe says is on its historical reservation, ruling that the venue may continue operations during litigation.

  • October 01, 2024

    Woman Seeks Review Of Evals In BIA Sexual Assault Case

    A Northern Cheyenne woman who was sexually assaulted by a Bureau of Indian Affairs officer is asking a Montana federal court for an in camera review of his psychological evaluation and presentencing report to determine whether the documents should be produced as impeachment evidence in the ongoing litigation over the government's liability.

  • October 01, 2024

    Judge Says Texas Election Law Provision Is Unconstitutional

    A Texas federal judge has struck down part of a controversial Texas election law after a six-week bench trial in a decision that Attorney General Ken Paxton vowed to immediately try to block.

  • October 01, 2024

    EPA Can't Justify Water Permitting Rule, La. Judge Told

    Republican-led states and industry groups fired back at the U.S. Environmental Protection Agency's defense of its rule broadening states' and tribes' power to veto infrastructure projects over water quality concerns, telling a Louisiana federal judge it goes against what Congress intended with the Clean Water Act.

Expert Analysis

  • Series

    Swimming Makes Me A Better Lawyer

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    Years of participation in swimming events, especially in the open water, have proven to be ideal preparation for appellate arguments in court — just as you must put your trust in the ocean when competing in a swim event, you must do the same with the judicial process, says John Kulewicz at Vorys.

  • What 100 Federal Cases Suggest About Changes To Chevron

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    With the U.S. Supreme Court poised to overturn or narrow its 40-year-old doctrine of Chevron deference, a review of 100 recent federal district court decisions confirm that changes to the Chevron framework will have broad ramifications — but the magnitude of the impact will depend on the details of the high court's ruling, say Kali Schellenberg and Jon Cochran at LeVan Stapleton.

  • Don't Use The Same Template For Every Client Alert

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    As the old marketing adage goes, consistency is key, but law firm style guides need consistency that contemplates variety when it comes to client alert formats, allowing attorneys to tailor alerts to best fit the audience and subject matter, says Jessica Kaplan at Legally Penned.

  • Series

    Walking With My Dog Makes Me A Better Lawyer

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    Thanks to my dog Birdie, I've learned that carving out an activity different from the practice of law — like daily outdoor walks that allow you to interact with new people — can contribute to professional success by boosting creativity and mental acuity, as well as expanding your social network, says Sarah Petrie at the Massachusetts Attorney General’s Office.

  • Think Like A Lawyer: Follow The Iron Rule Of Trial Logic

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    Many diligent and eager attorneys include every good fact, point and rule in their trial narratives — spurred by the gnawing fear they’ll be second-guessed for leaving something out — but this approach ignores a fundamental principle of successful trial lawyering, says Luke Andrews at Poole Huffman.

  • The Art Of Asking: Leveraging Your Contacts For Referrals

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    Though attorneys may hesitate to ask for referral recommendations to generate new business, research shows that people want to help others they know, like and trust, so consider who in your network you should approach and how to make the ask, says Rebecca Hnatowski at Edwards Advisory.

  • Series

    Being An Equestrian Makes Me A Better Lawyer

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    Beyond getting experience thinking on my feet and tackling stressful situations, the skills I've gained from horseback riding have considerable overlap with the skills used to practice law, particularly in terms of team building, continuing education, and making an effort to reset and recharge, says Kerry Irwin at Moore & Van Allen.

  • 4 Ways To Refresh Your Law Firm's Marketing Strategy

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    With many BigLaw firms relying on an increasingly obsolete marketing approach that prioritizes stiff professionalism over authentic connection, adopting a few key communications strategies to better connect with today's clients and prospects can make all the difference, say Eric Pacifici and Kevin Henderson at SMB Law.

  • Series

    Whitewater Kayaking Makes Me A Better Lawyer

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    Whether it's seeing clients and their issues from a new perspective, or staying nimble in a moment of intense challenge, the lessons learned from whitewater kayaking transcend the rapids of a river and prepare attorneys for the courtroom and beyond, says Matthew Kent at Alston & Bird.

  • This Earth Day, Consider How Your Firm Can Go Greener

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    As Earth Day approaches, law firms and attorneys should consider adopting more sustainable practices to reduce their carbon footprint — from minimizing single-use plastics to purchasing carbon offsets for air travel — which ultimately can also reduce costs for clients, say M’Lynn Phillips and Lisa Walters at IMS Legal Strategies.

  • What Minority Biz Law Ruling Could Mean For Private DEI

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    A Texas federal court’s recent decision to strike down key provisions of the Minority Business Development Act illustrates the wide-reaching effects of the U.S. Supreme Court's 2023 Students for Fair Admissions v. Harvard decision across legal contexts, say attorneys at Jenner & Block.

  • Practicing Law With Parkinson's Disease

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    This Parkinson’s Awareness Month, Adam Siegler at Greenberg Traurig discusses his experience working as a lawyer with Parkinson’s disease, sharing both lessons on how to cope with a diagnosis and advice for supporting colleagues who live with the disease.

  • Series

    Playing Hockey Makes Me A Better Lawyer

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    Nearly a lifetime of playing hockey taught me the importance of avoiding burnout in all aspects of life, and the game ultimately ended up providing me with the balance I needed to maintain success in my legal career, says John Riccione at Taft.

  • For Lawyers, Pessimism Should Be A Job Skill, Not A Life Skill

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    A pessimistic mindset allows attorneys to be effective advocates for their clients, but it can come with serious costs for their personal well-being, so it’s crucial to exercise strategies that produce flexible optimism and connect lawyers with their core values, says Krista Larson at Stinson.

  • Opinion

    Requiring Leave To File Amicus Briefs Is A Bad Idea

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    A proposal to amend the Federal Rules of Appellate Procedure that would require parties to get court permission before filing federal amicus briefs would eliminate the long-standing practice of consent filing and thereby make the process less open and democratic, says Lawrence Ebner at the Atlantic Legal Foundation and DRI Center.

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