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Native American
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October 31, 2024
Atty Can't Dodge All Claims In $14.6M Tribal RICO Suit
An Oklahoma federal judge has partly denied a bid by a tribe's general counsel and his law firm to toss accused fraudsters' claims against them in a Racketeer Influenced and Corrupt Organizations Act lawsuit, finding he may have breached his fiduciary duty when serving both parties in the suit.
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October 31, 2024
GOP Groups Urge 11th Circ. To Restore Ga. Election Law
National and Georgia state Republican political committees have pressed the Eleventh Circuit to overturn a lower court's order that paused controversial portions of a Peach State election bill, arguing the law is legal and needed to ensure secure elections.
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October 31, 2024
Tribal Nonprofit Says Employees Divulged Trade Secrets
A Native American nonprofit is suing an Oregon environmental consulting firm, alleging that its founder and chief executive officer divulged the trade secrets information of tribes and others and made false accusations to donors that it was mismanaging funds.
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October 31, 2024
The 2024 Law360 Pulse Leaderboard
Check out the Law360 Pulse Leaderboard to see which firms made the list of leaders in all-around excellence this year.
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October 31, 2024
Firms' Hiring Strategies Are Evolving In Fight For Top Spot
Competition for top talent among elite law firms shows no signs of slowing down, even amid economic uncertainty, with financially strong firms deploying aggressive strategies to attract and retain skilled professionals to solidify their market position.
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October 30, 2024
DOI Invests $46M In Klamath Basin Restoration
The U.S. Department of the Interior on Wednesday unveiled nearly $46 million in investments from the bipartisan infrastructure law for ecosystem restoration activities in the drought-prone Klamath River Basin of Southern Oregon and Northern California.
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October 30, 2024
Ariz. Tribe Will Get Back 3,200 Acres In US Land Exchange
The Yavapai-Apache Nation will receive 3,200 acres of its ancestral homelands in exchange for six parcels of land located within four national forests in Arizona as part of an agreement with the U.S. National Forest Service and Department of Agriculture that has been decades in the making.
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October 30, 2024
Feds Say No Time Left For Nebraska Tribal Debt Claims
The Indian Health Service is asking a federal court to dismiss a challenge by a Nebraska tribe that claims the agency tried to collect millions on an already paid debt for construction of a wellness center, arguing that the lawsuit is time-barred and lacks merit.
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October 30, 2024
Green Groups Urge EPA To Address 'Big Ag' Nitrate Pollution
More than 20 environmental and community groups have called on the U.S. Environmental Protection Agency to use its emergency powers under the Safe Drinking Water Act to address industrial agriculture's nitrate contamination of drinking water in communities across the country.
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October 29, 2024
Mining Co. Must Hand Over Docs To Tribe In Minn. Land Row
A Minnesota federal magistrate judge has determined that the vast majority of documents that a Native American tribe is seeking from a mining company in a land exchange dispute must be turned over to the tribe, ruling that discovery sought prior to 2016 is relevant to the case.
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October 29, 2024
Texas Gov., Oil Groups Urge DC Circ. To Revive LNG Projects
Texas Gov. Greg Abbott, the American Petroleum Institute, the Lipan Apache Tribe and others are lining up behind liquefied natural gas project backers asking the full D.C. Circuit to review a panel's decision to nix Federal Energy Regulatory Commission approvals for LNG projects on the Texas Gulf Coast.
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October 29, 2024
Mining Regs Have World Effect On Tribes, High Court Told
A chief of an Indigenous Brazilian community is backing an Arizona tribe in its bid to overturn a decision that allows a copper mining company to discharge treated wastewater into a local waterway, telling the Supreme Court that pollution from such operations impacts more than just health around the world.
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October 29, 2024
ND Riverbed Fight Has Been Festering For 50 Years, Court Told
A Native American tribe and the U.S. Department of the Interior are asking a federal court to deny a more than yearlong extension request by North Dakota to respond to a bid for a judgment that declares the state has no mineral rights beneath a portion of the Missouri River.
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October 29, 2024
BOEM Holds Gulf Of Maine Wind Lease Sale
An offshore wind lease sale held Tuesday for the Gulf of Maine saw two provisional winners for four lease areas with the potential to power some 2.3 million homes, according to the Bureau of Ocean Energy Management.
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October 29, 2024
FERC Botched Pacific NW Pipeline Approval, 5th Circ. Told
The Federal Energy Regulatory Commission was wrong to approve a controversial TC Energy Corp. pipeline expansion project in the Pacific Northwest, Washington and Oregon officials and environmental groups told the Fifth Circuit.
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October 28, 2024
Casinos End Dispute With Fla. Tribe, Agree To Partner
Several Florida casino operators have promised to end litigation against Seminole Tribe of Florida over an agreement with the state government allowing the tribe to receive online sports bets, instead agreeing to partner with the tribe to offer and promote gambling through an app, the tribe announced Monday.
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October 28, 2024
Mich. Tribe Asks Court To Rethink DOI Contempt Order
A Michigan tribe is asking a D.C. federal judge to reconsider a ruling that declined to hold Interior Secretary Deb Haaland in contempt over a deadline to finalize a new rule on repetitioning for federal recognition, saying the agency's actions don't suggest it plans to do so anytime soon.
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October 28, 2024
Navajo See Growing Trend After Return Of Ceremonial Masks
The Navajo Nation says there is a growing trend among the descendants of collectors and amateur archaeologists to give Indigenous artifacts back to their rightful owners, after a donor returned a set of 11 ceremonial masks that the tribe says vitally define its sovereignty.
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October 28, 2024
FCC To Help Tribal Libraries Connect To E-Rate Funding
The Federal Communications Commission will help tribal libraries link up with funding through the E-Rate subsidy program for schools and libraries on a permanent basis.
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October 28, 2024
Tribe-Linked Lenders Flouted Interest Laws, Borrower Says
A Florida man and his purported data analytic companies face a proposed class action alleging they improperly touted a relationship with a small Native American tribe as they made consumer loans with triple-digit annual interest rates.
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October 28, 2024
DC Circ. Told Carbon Tech Doesn't Back EPA Power Plant Rule
The U.S. Environmental Protection Agency can't show that carbon capture and sequestration technology can be used now to meet its new emissions requirements for power plants, necessitating vacatur, Republican-led states and industry challengers told the D.C. Circuit.
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October 28, 2024
Osage Call Need For Okla. ETC Designation 'Critical'
The Osage Nation of Oklahoma is asking once again for the FCC to designate it as an eligible telecommunications carrier so that it can more easily bring internet — and federal subsidy programs — to the underserved citizens of its reservation, which is roughly the size of Delaware.
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October 25, 2024
NEPA Rail Ruling Backers Flood Justices With Amicus Briefs
Former federal officials, states, Colorado cities, two law schools and 30 members of Congress are all urging the U.S. Supreme Court to affirm a ruling overturning federal approval for a rail project to haul crude oil out of Utah, rather than reinvent the National Environmental Policy Act as project supporters propose.
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October 25, 2024
Biden Calls U.S. Indian Boarding Schools 'A Sin On Our Soul'
President Joe Biden on Friday apologized for the 150 years of U.S. policy that established more than 500 government-funded Indian boarding schools throughout the country, calling the endeavor one of the most consequential moves of his term and the era "one of the most horrific chapters in American history."
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October 25, 2024
Seminole Tribe Looks To Dismiss Gaming Ad Suit
The Seminole Tribe of Florida asked a Florida federal court to dismiss a proposed class suit claiming ads from the tribe's gaming vendor are misleading, arguing that the suit cannot continue without the tribe as a party, but the tribe cannot be added as a party because of sovereign immunity.
Expert Analysis
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Planning Law Firm Content Calendars: What, When, Where
During the slower month of August, law firms should begin working on their 2025 content calendars, planning out a content creation and distribution framework that aligns with the firm’s objectives and maintains audience engagement throughout the year, says Jessica Kaplan at Legally Penned.
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Series
Playing Golf Makes Me A Better Lawyer
Golf can positively affect your personal and professional life well beyond the final putt, and it’s helped enrich my legal practice by improving my ability to build lasting relationships, study and apply the rules, face adversity with grace, and maintain my mental and physical well-being, says Adam Kelly at Venable.
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Law Firms Should Move From Reactive To Proactive Marketing
Most law firm marketing and business development teams operate in silos, leading to an ad hoc, reactive approach, but shifting to a culture of proactive planning — beginning with comprehensive campaigns — can help firms effectively execute their broader business strategy, says Paul Manuele at PR Manuele Consulting.
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3 High Court Rulings May Shape Health Org. Litigation Tactics
Three separate decisions from the U.S. Supreme Court's most recent term — Loper Bright, Corner Post and Jarkesy — will likely strengthen healthcare organizations' ability to affirmatively sue executive agencies to challenge regulations governing operations and enforcement actions, say attorneys at McDermott.
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Opinion
The Big Issues A BigLaw Associates' Union Could Address
A BigLaw associates’ union could address a number of issues that have the potential to meaningfully improve working conditions, diversity and attorney well-being — from restructured billable hour requirements to origination credit allocation, return-to-office mandates and more, says Tara Rhoades at The Sanity Plea.
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Opinion
It's Time For A BigLaw Associates' Union
As BigLaw faces a steady stream of criticism about its employment policies and practices, an associates union could effect real change — and it could start with law students organizing around opposition to recent recruiting trends, says Tara Rhoades at The Sanity Plea.
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How Justices Upended The Administrative Procedure Act
In its recent Loper Bright, Corner Post and Jarkesy decisions, the U.S. Supreme Court fundamentally changed the Administrative Procedure Act in ways that undermine Congress and the executive branch, shift power to the judiciary, curtail public and business input, and create great uncertainty, say Alene Taber and Beth Hummer at Hanson Bridgett.
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Mirror, Mirror On The Wall, Is My Counterclaim Bound To Fall?
A Pennsylvania federal court’s recent dismissal of the defendants’ counterclaims in Morgan v. Noss should remind attorneys to avoid the temptation to repackage a claim’s facts and law into a mirror-image counterclaim, as this approach will often result in a waste of time and resources, says Matthew Selmasska at Kaufman Dolowich.
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Series
Playing Dungeons & Dragons Makes Me A Better Lawyer
Playing Dungeons & Dragons – a tabletop role-playing game – helped pave the way for my legal career by providing me with foundational skills such as persuasion and team building, says Derrick Carman at Robins Kaplan.
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3 Leadership Practices For A More Supportive Firm Culture
Traditional leadership styles frequently amplify the inherent pressures of legal work, but a few simple, time-neutral strategies can strengthen the skills and confidence of employees and foster a more collaborative culture, while supporting individual growth and contribution to organizational goals, says Benjamin Grimes at BKG Leadership.
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How Justices' E-Rate Decision May Affect Scope Of FCA
The U.S. Supreme Court’s eventual decision in Wisconsin Bell v. U.S., determining whether reimbursements paid by the E-rate program are "claims" under the False Claims Act, may affect other federal programs that do not require payments to be made by the U.S. Department of the Treasury, says David Colapinto at Kohn Kohn.
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E-Discovery Quarterly: Rulings On Hyperlinked Documents
Recent rulings show that counsel should engage in early discussions with clients regarding the potential of hyperlinked documents in electronically stored information, which will allow for more deliberate negotiation of any agreements regarding the scope of discovery, say attorneys at Sidley.
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Loper Bright Limits Federal Agencies' Ability To Alter Course
The U.S. Supreme Court's recent decision to dismantle Chevron deference also effectively overrules its 2005 decision in National Cable & Telecommunications Association v. Brand X, greatly diminishing agencies' ability to change regulatory course from one administration to the next, says Steven Gordon at Holland & Knight.
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Series
Teaching Scuba Diving Makes Me A Better Lawyer
As a master scuba instructor, I’ve learned how to prepare for the unexpected, overcome fears and practice patience, and each of these skills – among the many others I’ve developed – has profoundly enhanced my work as a lawyer, says Ron Raether at Troutman Pepper.
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Lawyers Can Take Action To Honor The Voting Rights Act
As the Voting Rights Act reaches its 59th anniversary Tuesday, it must urgently be reinforced against recent efforts to dismantle voter protections, and lawyers can pitch in immediately by volunteering and taking on pro bono work to directly help safeguard the right to vote, says Anna Chu at We The Action.