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Native American
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May 31, 2024
As Broadband Subsidy Ends, Biden Pushes For Renewal
The White House pressured Congress on Friday to allocate new funding for the Affordable Connectivity Program as the subsidy officially shut down, cutting off a broadband discount to millions of low-income households.
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May 31, 2024
In Rarity, 1 Party's Judges Gain 100% Control Of Circuit Bench
At the First Circuit, the judges' robes are all black, but the judges are all blue. It's a new and unusual instance of one political party's judicial picks controlling each active seat on a federal appeals court, and the Democratic dominance could prove magnetic for ideologically charged litigation.
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May 30, 2024
Wash. Tribe Gets Partial Win Against Feds Over Wildfires
A Court of Federal Claims judge partly denied Thursday the U.S. government's bid to toss claims by a tribe in Washington state over massive fires that destroyed forests on reservation land, saying a money-mandating source of law entitles the tribes to compensation.
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May 30, 2024
Okla. Tribes Say Bills Won't Deter Poultry Biz From Polluting
The Inter-Tribal Council of the Five Civilized Tribes says two bills working their way through the Oklahoma Legislature don't go far enough to deter the poultry industry from polluting and threaten to undo decades of progress toward improving water quality.
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May 30, 2024
Army Vet Again Files Retaliation Suit Against Casino Owners
A disabled U.S. Army veteran and former table games dealer has again filed suit against Harrah's Casino and its parent company, Caesar's Entertainment, claiming his employment was wrongfully terminated after he requested time off to deal with the aftermath of a fire alarm that triggered his post-traumatic stress disorder.
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May 30, 2024
BNSF Says It Owes Tribe Up To $30M For Oil Train Trespasses
BNSF Railway Co. said Wednesday it should pay a Washington tribe either $10 million or $30 million for years of illegally running oil cars across tribal territory, after a federal judge rejected both the railroad's $7 million and the tribe's $445 million calculations.
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May 30, 2024
NCAA To End Transfer Rules In Deal With DOJ
The NCAA agreed on Thursday to stop enforcing all rules governing athletes transferring from one institution to another, as part of a proposed consent decree filed by the U.S. Department of Justice to settle an antitrust suit against the organization by 10 states and the District of Columbia.
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May 30, 2024
Enviro Groups Launch Fresh Alaska LNG Fight In 9th Circ.
Environmental groups on Thursday petitioned the Ninth Circuit to overturn federal approvals for the Alaska liquefied natural gas project covering impacts on endangered and threatened species, the latest court challenge lodged against the $43 billion project.
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May 29, 2024
Navajo President Denies VP's Claims Of Sexual Misconduct
Navajo Nation President Buu Nygren, while denying allegations by Vice President Richelle Montoya of sexual harassment, bullying and mistreatment, said he intends to ask the tribe's council for workplace policies and procedures for the top offices, arguing that he's well aware that women within the country's largest reservation feel unheard.
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May 29, 2024
Tribe Says Mining Co. Can't Protect 500 Docs In Land Suit
A Native American tribe has asked a Minnesota federal court to ignore a mining company's objections to a magistrate judge's order compelling it to produce nearly 500 documents related to a land exchange dispute, arguing that it failed to establish attorney-client privilege claims.
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May 29, 2024
ND Lawmakers Oppose High Court Review In Subpoena Row
Two North Dakota tribes' effort to toss an Eighth Circuit ruling voiding subpoenas on state lawmakers as part of Voting Rights Act litigation isn't worthy of U.S. Supreme Court review, the North Dakota State Legislative Assembly said Wednesday in urging the high court not to take up the case.
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May 29, 2024
EPA Inspector General Decries Lack Of Funding To Congress
U.S. Environmental Protection Agency Inspector General Sean W. O'Donnell expressed concern over his office's lack of funding in a report to Congress on Wednesday, saying the 2024 budget is lower than it was 13 years ago, despite increased oversight responsibilities and personnel costs.
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May 29, 2024
NCAA Must Face Bulk Of Student-Athlete's W.Va. Transfer Suit
A West Virginia federal judge will not allow the NCAA to escape the bulk of an antitrust lawsuit filed by a 22-year-old, ruling he sufficiently supported his claims accusing the organization of contract interference when it deemed him ineligible to play basketball after a midseason transfer.
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May 29, 2024
Texas Judge Bans Using $1.4B Border Wall Funds For Repairs
A Texas federal judge on Wednesday permanently blocked the White House from using $1.4 billion of border wall construction funding for barrier repair, rejecting requests from landowners, contractors and environmental groups to reconsider the scope of the ban.
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May 29, 2024
NLRB Wants Subpoenas Enforced In Calif. Tribal Casino Row
The National Labor Relations Board has gone to federal court to enforce its subpoenas seeking a list of casino workers in a proposed bargaining unit, saying the refusals of a California tribe and a gaming company to provide the information are impeding an agency investigation.
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May 28, 2024
Agribiz Pushes Ninth Circ. To Reverse Land Swap Decision
A global agribusiness with operations in Idaho has again asked the Ninth Circuit to reverse a lower court's "misguided" holding under the National Environmental Policy Act that favored the Shoshone-Bannock Tribes in their challenge to a U.S. Department of the Interior land transfer.
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May 28, 2024
Hawaii Warns Telecom Co.'s Loan Woes Will Affect Consumers
The Department of Hawaiian Home Lands is warning customers who live in the home lands and use Sandwich Isles Communications for phone and internet service that they need to switch companies immediately or risk losing service, but Sandwich Isles is blaming the state agency for the issue.
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May 28, 2024
2 Alaska Tribes Want USDA Broadband Allotment Blocked
Two Alaskan tribes suing the U.S. Department of Agriculture for allegedly failing to get required tribal approval before giving out $70 million in broadband grants are now asking the federal judge hearing the case to stop any funding from going out until their challenge is heard.
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May 28, 2024
Tribe Says Enbridge's Trespass Concern Wasted Court's Time
A Wisconsin tribe has told the Seventh Circuit that Enbridge Energy wasted the court's time raising concerns that an old tribal trespass ordinance could cost the company millions in fines, saying it has nothing to do with the tribe's attempts to stop the Line 5 pipeline.
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May 28, 2024
Approach The Bench: Judge Humetewa Talks Tribal Relations
Before she joined the federal bench in Arizona, Judge Diane Humetewa worked as a jurist on a relatively young court, where she regularly set new legal precedent.
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May 24, 2024
SD Tribe Says Feds Won't Give Up Info Amid Safety Crisis
The Crow Creek Sioux Tribe is suing the Bureau of Indian Affairs' Office of Justice Services, asking a federal district court to order the agency to hand over five years of budget records in an effort to combat a public safety crisis on its reservation.
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May 24, 2024
Treaty Wants Patents To Cite Ties To 'Traditional Knowledge'
Members of the United Nations announced a treaty Friday that would potentially change mandatory patent disclosure rules in order to require applicants to cite "traditional knowledge" developed by "indigenous peoples," requirements that have drawn concerns from lawyers for the pharmaceutical industry in the U.S. and at least one former federal judge.
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May 24, 2024
Florida Urges Quick Appeal Of Wetlands Permitting Decision
The state of Florida has pushed to expedite its appeal of a lower court ruling that stripped the state of its federally delegated authority to permit wetlands development after the D.C. Circuit declined to pause the ruling's implementation earlier this week.
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May 24, 2024
Fla. Jury Finds Ayahuasca Church Liable For Attendee's Death
A Florida state court jury has found that an ayahuasca church is liable for the death of a man who used psychedelic drugs at a weekend retreat in 2018, and has determined that the organization and its owner should pay more than $15 million to the man's parents.
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May 24, 2024
Biden's Judicial Impact And What's Left On The Wish List
President Joe Biden secured confirmation of his 200th federal judge Wednesday and has transformed the judiciary by picking more women and people of color than any other president. But the upcoming election season could derail his hopes of confirming many more judges.
Expert Analysis
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House Bill Could Help Resolve 'Waters Of US' Questions
Legislation recently introduced in the U.S. House that would restore Clean Water Act protection to areas excluded from it by the U.S. Supreme Court's Sackett v. EPA decision faces an uphill battle, but could help settle the endless debates over the definition of "waters of the United States," says Richard Leland at Akerman.
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Attorneys, Law Schools Must Adapt To New Era Of Evidence
Technological advancements mean more direct evidence is being created than ever before, and attorneys as well as law schools must modify their methods to account for new challenges in how this evidence is collected and used to try cases, says Reuben Guttman at Guttman Buschner.
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Tips For Litigating Against Pro Se Parties In Complex Disputes
Litigating against self-represented parties in complex cases can pose unique challenges for attorneys, but for the most part, it requires the same skills that are useful in other cases — from documenting everything to understanding one’s ethical duties, says Bryan Ketroser at Alto Litigation.
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New Initiatives Will Advance Corporate Biodiversity Reporting
Two important recent developments — the launch of the Taskforce on Nature-related Financial Disclosures' framework on nature and biodiversity reporting, and Nature Action 100's announcement of the 100 companies it plans to engage on biodiversity issues — will help bring biodiversity disclosures into the mainstream, say David Woodcock and Maria Banda at Gibson Dunn.
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Pro Bono Work Is Powerful Self-Help For Attorneys
Oct. 22-28 is Pro Bono Week, serving as a useful reminder that offering free legal help to the public can help attorneys expand their legal toolbox, forge community relationships and create human connections, despite the challenges of this kind of work, says Orlando Lopez at Culhane Meadows.
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Series
Playing In A Rock Cover Band Makes Me A Better Lawyer
Performing in a classic rock cover band has driven me to hone several skills — including focus, organization and networking — that have benefited my professional development, demonstrating that taking time to follow your muse outside of work can be a boon to your career, says Michael Gambro at Cadwalader.
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Series
The Pop Culture Docket: Judge Espinosa On 'Lincoln Lawyer'
The murder trials in Netflix’s “The Lincoln Lawyer” illustrate the stark contrast between the ethical high ground that fosters and maintains the criminal justice system's integrity, and the ethical abyss that can undermine it, with an important reminder for all legal practitioners, say Judge Adam Espinosa and Andrew Howard at the Colorado 2nd Judicial District Court.
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Opinion
Newman Suspension Shows Need For Judicial Reform
The recent suspension of U.S. Circuit Judge Pauline Newman following her alleged refusal to participate in a disability inquiry reveals the need for judicial misconduct reforms to ensure that judges step down when they can no longer serve effectively, says Aliza Shatzman at The Legal Accountability Project.
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Extreme Weather And Renewable Project Insurance Coverage
Excerpt from Practical Guidance
The regularity and severity of extreme weather events driven by climate change are putting renewable energy projects increasingly at risk — so project owners, contractors and investors should understand the issues that can arise in these situations when seeking recovery under a builder's risk insurance policy, say Paul Ferland and Joshua Tumen at Cozen O'Connor.
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How And Why Your Firm Should Implement Fixed-Fee Billing
Amid rising burnout in the legal industry and client efforts to curtail spending, pivoting to a fixed-fee billing model may improve client-attorney relationships and offer lawyers financial, logistical and stress relief — while still maintaining profit margins, say Kevin Henderson and Eric Pacifici at SMB Law Group.
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Unpacking OMB's Proposed Uniform Guidance Rewrite
Affected organizations, including state and local governments, should carefully review the Office of Management and Budget's proposed overhaul of uniform rules for administering over $1 trillion in federal funding distributed each year, and take the opportunity to submit comments before the December deadline, says Dismas Locaria at Venable.
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Opinion
Judicial Independence Needs Defense Amid Political Threats
Amid recent and historic challenges to the judiciary from political forces, safeguarding judicial independence and maintaining the integrity of the legal system is increasingly urgent, says Robert Peck at the Center for Constitutional Litigation.
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How Law Firms Can Use Account-Based Marketing Strategies
Amid several evolving legal industry trends, account-based marketing can help law firms uncover additional revenue-generating opportunities with existing clients, with key considerations ranging from data analytics to relationship building, say Jennifer Ramsey at stage LLC and consultant Gina Sponzilli.
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Strategic Succession Planning At Law Firms Is Crucial
Senior partners' reluctance to retire, the rise of the nonequity partner tier and generational differences in expectations are all contributing to an increasing number of departures from BigLaw, making it imperative for firms to encourage retirement among senior ranks and provide clearer leadership pathways to junior attorneys, says Laura Leopard at Leopard Solutions.
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Maximizing Law Firm Profitability In Uncertain Times
As threats of an economic downturn loom, firms can boost profits by embracing the power of bottom-line management and creating an ecosystem where strategic financial oversight and robust timekeeping practices meet evolved client relations, says Shireen Hilal at Maior Strategic Consulting.