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Native American
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December 16, 2024
Feds, Ute Tribe Wrestle Over 19th Century Laws In Land Fight
The federal government and the legal team representing the Ute Indian Tribe clashed over the interpretation of two 19th-century laws during a hearing in Washington, D.C., federal court Monday, as the tribe seeks to restore lands within its Utah reservation to trust status.
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December 16, 2024
DC Circ. Skeptical That EPA Moved Too Early On Particulates
Judges on the D.C. Circuit seemed unlikely to buy arguments from industry groups and a coalition of Republican-led states challenging a February U.S. Environmental Protection Agency rule on particulate matter, grilling an attorney for the challengers on the agency's Clean Air Act authority during oral arguments Monday.
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December 16, 2024
Navajo President Cleared In VP Sexual Harassment Probe
Navajo Nation President Buu Nygren has been cleared of allegations that he sexually harassed the tribe's Vice President Richelle Montoya during an August 2023 encounter, its attorney general announced, saying an outside firm hired to investigate the incident found that her reports don't violate any of the tribe's criminal laws.
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December 16, 2024
Pipeline Co. To Pay $450,000 To Settle ND Pollution Claims
A Texas-based pipeline operator will pay $450,000 to settle Clean Air Act violations on North Dakota's Fort Berthold Indian Reservation after the U.S. Environmental Protection Agency found multiple offenses during a routine inspection last year.
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December 16, 2024
With Legal Battle Looming, Neb. Legalizes Medical Marijuana
Nebraska became the 39th state to legalize medical marijuana after supermajorities of voters approved ballot measures to decriminalize and regulate its sale, but the state Supreme Court has agreed to hear a challenge from state officials that could invalidate it before implementation.
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December 16, 2024
IRS Corrects Regs On Direct Pay Of Partnership Tax Credit
Internal Revenue Service issued a correction Monday to final regulations that make it easier for tax-exempt entities that co-own development projects to qualify for a direct cash payment of clean energy tax credits by electing out of their partnership tax status.
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December 13, 2024
Real Estate Recap: New Mapping, Terrorism, What We Learned
Catch up on this past week's key developments by state from Law360 Real Estate Authority — including a new state-by-state mapping tool for real estate practitioners, one BigLaw attorney's view of terrorism liability safeguards for commercial real estate, and takeaways from the multifamily and life sciences sectors in 2024.
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December 13, 2024
9th Circ. Says Feds Can't Sub For Tribe In Wash. Betting Row
The Ninth Circuit refused on Friday to revive a casino company's challenge to Washington state gambling compacts giving Native American tribes exclusive rights in the sports betting industry, concluding the company could not avoid involving an immune tribe in the litigation under a theory that its interests were represented by the federal government.
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December 13, 2024
Balance Of Equities Favors Tribal Emergency Shelter, Court Told
A Washington tribe says it's likely to prevail in a challenge that looks to block the city of Toppenish from enforcing an ordinance on a 24-hour emergency cold weather shelter, arguing that the municipality concedes that the unhoused are likely to face serious injury or death absent court intervention.
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December 13, 2024
Wis. Tribe Challenges Enbridge Pipeline Reroute Permits
The Bad River Band of Lake Superior Chippewa on Thursday sued Wisconsin environmental officials over permits given to Enbridge Inc. to reroute part of its controversial Line 5 pipeline around the tribe's reservation and build a new segment in the area.
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December 13, 2024
Construction Co. Fights Stay In Small Biz Qui Tam Suit
The owners of a construction firm accused in a whistleblower suit of defrauding a program for disadvantaged small businesses objected to a request to delay the suit while the Eleventh Circuit considers the appeal of another suit that resulted in a controversial decision deeming the whistleblower provision of the False Claims Act unconstitutional.
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December 13, 2024
McKinsey To Pay $650M For Work With Opioid Maker Purdue
Consulting giant McKinsey & Co. will pay $650 million to resolve charges related to its work helping Purdue Pharma market and boost sales of OxyContin, federal prosecutors announced Friday.
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December 12, 2024
Ballot Issue Group Can't Nose Into Ark. Casino Measure Suit
The ballot issue committee backing an Arkansas amendment that revoked a Cherokee Nation business's casino license can't intervene in the tribal entity's challenge that looks to block the law, a federal district court judge said Thursday, arguing that it has not adequately refuted the presumption that the state can defend its rights.
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December 12, 2024
Feds Weigh In On High Court North Dakota Voting Dispute
Two local North Dakota Republican Party officials lack standing to claim racial gerrymandering in a dispute over the state's newly created voting subdistricts, the federal government told the U.S. Supreme Court, arguing there's undisputed evidence to conclude that federal law requires the state to establish the boundaries.
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December 12, 2024
DOI Plan Would Protect NM Land From New Mining Claims
U.S. Secretary of the Interior Deb Haaland on Thursday initiated a two-year segregation period to temporarily withdraw 165,000 acres of public lands in New Mexico from new mining claims and the issuance of new federal mineral leases.
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December 12, 2024
Minnesota Cannabis Authority Nixes Social Equity Lottery
Minnesota's cannabis regulators are scrapping the special license lottery for social equity applicants, opting to go with a general applicant lottery since a state court put a pause on their original plans.
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December 11, 2024
Seminole Tribe Can't Intervene In Gaming Ad Suit, Court Told
A class action party is objecting to the Seminole Tribe of Florida's proposed intervention in the lawsuit, saying the tribe's interests are adequately protected by vendor Seminole Hard Rock Digital, which has already raised the tribe's defenses in successive motions to dismiss.
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December 11, 2024
EPA Gives States, Tribes Clearer Path To Water Permit Power
States and Native American tribes have a clearer path to gaining the authority to set water pollution standards that may be even stronger than federal ones under a U.S. Environmental Protection Agency rule finalized Wednesday.
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December 11, 2024
Developer, Feds Ask Justices To Pass On Offshore Wind Case
The federal government and Vineyard Wind 1 LLC are urging the U.S. Supreme Court to reject a Massachusetts group's latest bid to block the large offshore wind farm taking shape in waters off Nantucket and Martha's Vineyard.
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December 10, 2024
Kid Climate Activists Ask Justices To Save Twice-Nixed Case
Youth plaintiffs have asked the U.S. Supreme Court to revive their climate change lawsuit against the federal government but said the court should decide a key death penalty case first that involves a similar constitutional question.
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December 10, 2024
Utah Counties' Narrow NEPA Test Meets High Court Critics
Utah counties looking to narrow courts' ability to review federal agencies' environmental analyses of proposed projects hit roadblocks Tuesday from skeptical U.S. Supreme Court justices and the U.S. Department of Justice, who said the proposed limits go too far.
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December 10, 2024
Michigan Tribe Asks High Court To Undo Land Trust Order
A Michigan tribe is asking the Supreme Court to overturn a decision that rejected its bid to compel the federal government to take land into trust for a casino venture outside Detroit, arguing that if the ruling is left to stand, it will forever impair its ability to achieve economic self-sufficiency.
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December 10, 2024
6th Circ. Wary Of Axing Fishing Pact Over Tribe's Objections
A Sixth Circuit panel gave an icy reception Tuesday to a tribe's request that it unwind a Great Lakes fishing decree because the tribe was excluded from late-stage negotiations and denied a trial on its objections.
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December 10, 2024
Tribe Says Feds Cast Aside Calls For Consult On Ore. Casino
A number of Indigenous communities, along with state and federal lawmakers are calling on the federal government to take a harder look at Oregon's first proposed off-reservation casino project before its final approval, saying requests for tribal consultation on the endeavor have been ignored for more than a decade.
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December 10, 2024
Calif. Tribe Can't Vacate Card Check Award, Judge Says
An arbitration award requiring UNITE HERE and a California tribe that owns a casino to follow a representation process with a card check procedure stands, a federal district court judge ruled, finding the arbitrator's decision was rational.
Expert Analysis
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Series
Coaching High School Wrestling Makes Me A Better Lawyer
Coaching my son’s high school wrestling team has been great fun, but it’s also demonstrated how a legal career can benefit from certain experiences, such as embracing the unknown, studying the rules and engaging with new people, says Richard Davis at Maynard Nexsen.
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SG's Office Is Case Study To Help Close Legal Gender Gap
As women continue to be underrepresented in the upper echelons of the legal profession, law firms could learn from the example set by the Office of the Solicitor General, where culture and workplace policies have helped foster greater gender equality, say attorneys at Ocean Tomo.
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Series
In Focus At The EEOC: Protecting Vulnerable Workers
It's meaningful that the U.S. Equal Employment Opportunity Commission's strategic enforcement plan prioritizes protecting vulnerable workers, particularly as the backlash to workplace racial equity and diversity, equity and inclusion programs continues to unfold, says Dariely Rodriguez at the Lawyers’ Committee for Civil Rights Under Law.
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Reimagining Law Firm Culture To Break The Cycle Of Burnout
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.
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Series
Competing In Dressage Makes Me A Better Lawyer
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.
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Del. Ruling Adds Momentum For Caremark Plaintiffs
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.
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The Legal Industry Needs A Cybersecurity Paradigm Shift
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.
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5 Reasons Associates Shouldn't Take A Job Just For Money
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.
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Series
Playing Competitive Tennis Makes Me A Better Lawyer
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.
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Series
The Pop Culture Docket: Judge Djerassi On Super Bowl 52
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.
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Bid Protest Spotlight: Supplementation, Conversion, Rejection
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.
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Employee Experience Strategy Can Boost Law Firm Success
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.
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Series
Competing In Triathlons Makes Me A Better Lawyer
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.
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Where Justices Stand On Chevron Doctrine Post-Argument
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.
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Perspectives
6 Practice Pointers For Pro Bono Immigration Practice
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.