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Native American
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February 14, 2025
7th Circ. Affirms Ill. City Win Against Tribal Casino
The Seventh Circuit on Friday ruled that an Illinois city didn't intentionally discriminate against a proposed tribal casino when the city chose three other competitors to operate casinos, saying that even if the city's review process was flawed, "the absence of perfection in a process does not prove intentional discrimination."
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February 13, 2025
Wells Fargo Followed Seminoles' Orders For Trust, Jury Hears
Wells Fargo told a Florida state jury Thursday its stewardship of a major trust for the Seminole tribe was sound, saying that the tribe asked for and received a "keep-it-safe trust" and there was no missing $800 million.
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February 13, 2025
9th Circ. Revives Air Force Guam Munitions Disposal Dispute
The Ninth Circuit on Thursday revived a Guam community group's challenge to the U.S. Air Force's request for a renewed permit to explode expired munitions on the island, finding that the Air Force did not conduct a required environmental review.
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February 13, 2025
NY State Says Nothing New In Seneca Nation's Thruway Suit
The state of New York is asking a federal district court to dismiss a challenge by the Seneca Nation over a portion of thruway that runs through its reservation, arguing that nothing could have possibly changed in the 14-year dispute over the validity of a 1954 easement.
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February 13, 2025
DC Judge Says Utah Tribe Can't Restore Reservation Lands
A District of Columbia federal judge refused to hand over ownership of federally managed land in a Utah reservation to a Utah tribe, ruling Thursday that the tribe wasn't entitled to ownership.
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February 13, 2025
EPA Boss Says Biden Admin Wrongly Ceded Control Of $20B
The U.S. Environmental Protection Agency's new leader said Thursday that $20 billion Congress appropriated for an EPA grant program had been inappropriately transferred outside the agency and is lacking adequate supervision — a claim disputed by a Biden-era official.
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February 13, 2025
Tribe Can't Revisit $16M Ovintiv Settlement, Feds, Utah Say
The U.S. government and Utah urged a federal judge to reject a tribe's bid to challenge a $16 million Clean Air Act consent decree with Ovintiv USA Inc., arguing that its comments on the settlement were already considered and rejected.
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February 12, 2025
Wells Fargo Cheated Seminole Trust Out Of $800M, Jury Hears
Wells Fargo and its predecessor Wachovia cheated minors of the Seminole Tribe of Florida out of $818 million by secretly hiking fees and mismanaging investments in a multibillion-dollar gambling trust, a Florida jury heard Wednesday in opening statements for a multiweek trial in litigation involving more than 2,000 minors.
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February 12, 2025
Crypto CEO Made $425K Disappear, Investor Tearfully Testifies
A former business partner of a Texas man accused of running a $5 million fraud centered on a new "anti-money laundering" cryptocurrency testified tearfully before a California federal jury on Wednesday that her family invested about $425,000 in the defendant's previous cryptocurrency venture and lost every penny.
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February 12, 2025
8th Circ. Vacates Ruling In Minn. Tribal Reservation Dispute
An Eighth Circuit panel on Wednesday remanded a dispute between a Minnesota tribe and Mille Lacs County officials to a federal district court with instructions to vacate, saying a recently amended state law upholds a 19th-century treaty that gives unqualified law enforcement jurisdiction to the tribe over its reservation's boundaries.
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February 12, 2025
Arkansas Looks To Dismiss Cherokee Gambling License Suit
Arkansas has urged a federal court to toss the latest version of a casino licensing suit by two Cherokee Nation businesses, arguing that they don't have the right to sue the state and that the court has already dismissed the state and its governor as defendants.
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February 12, 2025
Boston's Opioid Damages Claims Tossed As Too Late
Boston waited too long to sue a group of drug benefits intermediaries over their alleged roles in the opioid crisis, a Massachusetts federal judge said in dismissing the city's complaint Tuesday.
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February 12, 2025
Trump Nominates New EPA Air, Water, Legal Division Leaders
President Donald Trump on Tuesday nominated new leaders for the U.S. Environmental Protection Agency's legal, air, water and financial offices, all of whom are veterans of his first term.
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February 12, 2025
Tribal Healthcare In Danger Due To Hiring Freeze, Letter Says
The top Democratic ranking members for subcommittees that oversee federal funding for the Indian Health Service are demanding the U.S. Department of Health and Human Services intervene to stop cuts to the agency's workforce, saying without it Indigenous communities' access to needed services is in jeopardy.
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February 12, 2025
Trump Taps Oil Advocate, Ex Wyo. Official For Interior Posts
President Donald Trump on Tuesday nominated Kathleen Sgamma, president of the Western Energy Alliance, and Brian Nesvik, a former Wyoming Fish and Game head, to lead the U.S. Department of the Interior's Bureau of Land Management and Fish and Wildlife Service.
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February 12, 2025
8 Ousted Inspectors General Sue Over Firings
Eight inspectors general fired by President Donald Trump sued the administration Wednesday, asking a D.C. federal judge to declare their terminations "legal nullities" and to order their reinstatement.
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February 11, 2025
'Fraudster' Or 'Fool'? Jury Gets 2 Takes On Exec's Crypto Flop
The criminal case against a cryptocurrency company CEO accused of defrauding investors of $5 million is about "greed," a prosecutor told a California federal jury during opening arguments Tuesday while a defense lawyer characterized his client as a "fool" who floundered while "swimming with sharks," including disgraced ex-lobbyist Jack Abramoff.
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February 11, 2025
EV Charging Supply Chain In Limbo Amid Funding Freeze
The Trump administration's suspension of a $5 billion program funding electric vehicle charging stations nationwide infuses uncertainty into the future of the U.S. electric-vehicle supply chain, triggering costly project delays and fresh litigation, experts told Law360.
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February 11, 2025
Former DOI Secretary Eyes New Mexico Governor's Seat
Former U.S. Department of Interior Secretary Deb Haaland on Tuesday launched her campaign for governor of New Mexico, an endeavor that, if successful, would make her the first Native American woman to take on such a role.
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February 11, 2025
Feds Must Enforce Law In Dakota Pipeline Row, Court Told
The Standing Rock Sioux Tribe is fighting a bid by the federal government and a slew of Republican-led states to dismiss its lawsuit that seeks to block an energy company from operating the Dakota Access Pipeline, saying there's a mandatory duty to ensure its operations comply with environmental laws.
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February 10, 2025
Fla. Court Lets Seminoles Intervene In Gaming Ad Suit
A Florida federal judge on Monday granted the Seminole Tribe of Florida's request to intervene in a proposed class action over allegedly misleading advertisements by gaming vendor Seminole Hard Rock Digital, which the judge found cannot adequately represent the tribe's interests.
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February 10, 2025
Calif. Tribe Says DOI Gives It No Protection In Casino Row
The Federated Indians of Graton Rancheria told a California federal judge that the U.S. Department of the Interior filed an incomplete status report about how it will monitor another tribe's project plans for the construction of a casino, saying the report fails to protect FIGR.
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February 10, 2025
Nevada Lithium Mine Violates Indigenous' Rights, Report Says
The federal government's approval of an 18,000-acre open-pit lithium mine in northern Nevada is a violation of Indigenous' rights, according to a recent report, which says at least six tribes have ties to the site where they've experienced violations against their religion, culture and ancestral lands.
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February 10, 2025
Trump Buyout Plan Still On Hold As Unions Cite 'Confusion'
A Boston federal judge on Monday extended his hold on President Donald Trump's federal worker buyout program as he weighs a request from unions to block the so-called Fork Directive, which promises months of pay to government employees who resign their posts.
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February 07, 2025
Native American Legislative Moves: Land Bill Moves Forward
A bill that would give back a historic site to a Tennessee tribe is moving forward, the U.S. Senate Committee on Indian Affairs has done a leadership role reversal, and a federal lawmaker has his sights set on boosting the Alaskan Native Settlement Trust Eligibility Act. Here, Law360 looks at the most recent major legislative efforts that affect Indian Country.
Expert Analysis
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Considering Possible PR Risks Of Certain Legal Tactics
Disney and American Airlines recently abandoned certain litigation tactics in two lawsuits after fierce public backlash, illustrating why corporate counsel should consider the reputational implications of any legal strategy and partner with their communications teams to preempt public relations concerns, says Chris Gidez at G7 Reputation Advisory.
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It's No Longer Enough For Firms To Be Trusted Advisers
Amid fierce competition for business, the transactional “trusted adviser” paradigm from which most firms operate is no longer sufficient — they should instead aim to become trusted partners with their most valuable clients, says Stuart Maister at Strategic Narrative.
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Series
After Chevron: Conservation Rule Already Faces Challenges
The Bureau of Land Management's interpretation of land "use" in its Conservation and Landscape Health Rule is contrary to the agency's past practice and other Federal Land Policy and Management Act provisions, leaving the rule exposed in four legal challenges that may carry greater force in the wake of Loper Bright, say Stacey Bosshardt and Stephanie Regenold at Perkins Coie.
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How Methods Are Evolving In Textualist Interpretations
Textualists at the U.S. Supreme Court are increasingly considering new methods such as corpus linguistics and surveys to evaluate what a statute's text communicates to an ordinary reader, while lower courts even mull large language models like ChatGPT as supplements, says Kevin Tobia at Georgetown Law.
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Why Attorneys Should Consider Community Leadership Roles
Volunteering and nonprofit board service are complementary to, but distinct from, traditional pro bono work, and taking on these community leadership roles can produce dividends for lawyers, their firms and the nonprofit causes they support, says Katie Beacham at Kilpatrick.
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Firms Must Offer A Trifecta Of Services In Post-Chevron World
After the U.S. Supreme Court’s Loper Bright Enterprises v. Raimondo decision overturning Chevron deference, law firms will need to integrate litigation, lobbying and communications functions to keep up with the ramifications of the ruling and provide adequate counsel quickly, says Neil Hare at Dentons.
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5 Tips To Succeed In A Master Of Laws Program And Beyond
As lawyers and recent law school graduates begin their Master of Laws coursework across the country, they should keep a few pointers in mind to get the most out of their programs and kick-start successful careers in their practice areas, says Kelley Miller at Reed Smith.
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Series
Being An Opera Singer Made Me A Better Lawyer
My journey from the stage to the courtroom has shown that the skills I honed as an opera singer – punctuality, memorization, creativity and more – have all played a vital role in my success as an attorney, says Gerard D'Emilio at GableGotwals.
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How Law Firms Can Avoid 'Collaboration Drag'
Law firm decision making can be stifled by “collaboration drag” — characterized by too many pointless meetings, too much peer feedback and too little dissent — but a few strategies can help stakeholders improve decision-making processes and build consensus, says Steve Groom at Miles Mediation.
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Opinion
Litigation Funding Disclosure Key To Open, Impartial Process
Blanket investor and funding agreement disclosures should be required in all civil cases where the investor has a financial interest in the outcome in order to address issues ranging from potential conflicts of interest to national security concerns, says Bob Goodlatte, former U.S. House Representative for Virginia.
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What NFL Draft Picks Have In Common With Lateral Law Hires
Nearly half of law firm lateral hires leave within a few years — a failure rate that is strikingly similar to the performance of NFL quarterbacks drafted in the first round — in part because evaluators focus too heavily on quantifiable metrics and not enough on a prospect's character traits, says Howard Rosenberg at Baretz+Brunelle.
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Replacing The Stigma Of Menopause With Law Firm Support
A large proportion of the workforce is forced to pull the brakes on their career aspirations because of the taboo surrounding menopause and a lack of consistent support, but law firms can initiate the cultural shift needed by formulating thoughtful workplace policies, says Barbara Hamilton-Bruce at Simmons & Simmons.
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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.