Native American

  • December 05, 2023

    People Of Color Face Racism, Worst Outcomes In Healthcare

    A significantly higher percentage of Black adults and other people of color say they have faced unfair treatment when seeking healthcare compared with white people, according to a Kaiser Family Foundation survey released Tuesday.

  • December 05, 2023

    States Ask Justices To Ignore US Objections To Water Deal

    Texas, New Mexico and Colorado are asking the U.S. Supreme Court to reject the federal government's objections to a proposed consent decree that resolves a long-running dispute over Lower Rio Grande water resources.

  • December 05, 2023

    DC Judge Won't Waver On Wash. Tribe's Recognition Ruling

    A D.C. federal judge on Monday declined a request by a Washington tribe to vacate an order denying it federal recognition for the fourth time, saying it presented claims that were already resolved and the information it provided didn't qualify as "changed circumstances" under the Federal Rules of Civil Procedure.

  • December 05, 2023

    North Dakota Secretary Of State Seeks Stay In VRA Ruling

    North Dakota Secretary of State Michael Howe is asking a federal district court judge to stay a ruling requiring the state's lawmakers to address Voting Rights Act violations, saying the judgment that also barred him from allowing the nomination or election of candidates in contested districts makes it impossible to receive meaningful appellate review before the new 2024 election map must be finalized.

  • December 04, 2023

    Justice Jackson Skeptical Of Sacklers' Ch. 11 Liability Shield

    As Purdue Pharma LP and its creditors pushed the U.S. Supreme Court on Monday to bless liability releases granted to members of the Sackler family who own it, a skeptical Justice Ketanji Brown Jackson said it was the owners themselves who created the necessity in the first place by withdrawing billions of dollars from the business before its bankruptcy.

  • December 04, 2023

    Justices Take Cautious Look At Sacklers' Purdue Immunity

    U.S. Supreme Court justices on Monday challenged a bankruptcy watchdog's position that members of the Sackler family shouldn't get a liability shield in Purdue's Chapter 11 plan, focusing discussion on why such immunity might never be appropriate in the most foundational bankruptcy dispute to make it to the high court in several years.

  • December 04, 2023

    DeSantis Says Online Sports Betting Isn't 'Casino Gambling'

    Florida Gov. Ron DeSantis urged the state's high court to uphold a pact with the Seminole Tribe for online sports betting, saying that the activity isn't covered by a constitutional provision limiting casino gambling and that the law is being challenged with the wrong type of petition.

  • December 04, 2023

    Tribes Are Trying To Redraw Jurisdictional Map, Alaska Says

    Two Native American tribes are attempting to redraw Alaska's jurisdictional map already set by Congress decades ago by taking a small parcel of land into trust in downtown Juneau, the state says, adding that their claims to the contrary defy logic. 

  • December 04, 2023

    ConocoPhillips Cleared To Work On Arctic Project This Winter

    An Alaska federal judge is allowing ConocoPhillips to resume work on its controversial Willow oil and gas project this winter, rejecting conservation groups' attempt to put it on hold as they appeal a ruling upholding the federal approvals for the Arctic energy development.

  • December 04, 2023

    Mont. Asks State High Court To Block Youth Climate Ruling

    Montana asked the state Supreme Court to block a lower court's decision to invalidate legislation that prohibited regulators from considering greenhouse gas emissions in permitting decisions while its appeal unfolds.

  • December 04, 2023

    Native Association Seeks To Ax Group's NFL Conspiracy Bid

    The National Congress of American Indians says a group's assertions that it conspired with the NFL to defame the group for petitioning to change the Washington Commanders' name back to Redskins is "riddled with naked assertions and conclusory statements" that warrant dismissal.

  • December 01, 2023

    Judge Chides Tribe Seeking Blue Cross Default As 'Obstinate'

    A federal judge on Friday nixed a Native American tribe's latest bid for default judgment against Blue Cross Blue Shield of Michigan under the Employee Retirement Income Security Act and the state's Health Care False Claims Act, saying the tribe, like the insurer, has been "obstinate" during the suit's discovery phase.

  • December 01, 2023

    Justices Call O'Connor 'American Hero,' 'Perfect Trailblazer'

    Following news of retired U.S. Supreme Court Justice Sandra Day O'Connor's death at the age of 93, current and former high court justices paid public homage to her trailblazing career, devotion to the rule of law and illuminating charisma.

  • December 01, 2023

    Tulsa Has Concurrent Jurisdiction In Indian Country, City Says

    The city of Tulsa says Native American tribes seeking to block its officials from prosecuting tribal members for committing municipal violations on reservation lands are well aware that it has concurrent jurisdiction to enforce its laws, yet "there is still a very significant case or controversy at issue."

  • December 01, 2023

    Former Clerks Say Justice O'Connor Still Worth Emulating

    BigLaw attorneys mentored by former U.S. Supreme Court Justice Sandra Day O'Connor, who died Friday after a lengthy battle with dementia, say she'll be remembered as an incisive jurist who always put facts and practical considerations above abstract ideological commitments, as well as a deeply gracious and down-to-earth woman who never let her dedication to the law overshadow her zest for life.

  • December 01, 2023

    ND Tribe Will Take VRA Privilege Dispute To High Court

    Two North Dakota tribes embroiled in a Voting Rights Act lawsuit intend to petition the U.S. Supreme Court, seeking to overturn an Eighth Circuit ruling that denied them an en banc hearing to plead their case as to how certain elected officials' communications are relevant in their challenge to newly enacted legislative districts.

  • December 01, 2023

    Up Next At High Court: Purdue Pharma, Taxes & Job Transfers

    The U.S. Supreme Court returns Monday for the last argument session of the calendar year to consider whether bankruptcy courts have the authority to sign off on third-party liability releases in Chapter 11 plans, whether Congress can tax unrealized foreign gains, and which standard should be used to determine the viability of employment discrimination claims.

  • December 01, 2023

    House Committee Pitches Pipeline Safety Reauthorization Bill

    The House Transportation and Infrastructure Committee is introducing legislation to reauthorize and advance programs at the U.S. Department of Transportation's Pipeline and Hazardous Materials Safety Administration for four years.

  • December 01, 2023

    Mich. Commission OKs Enbridge's Line 5 Pipeline Tunnel

    Michigan's Public Service Commission approved a siting permit Friday for Enbridge Energy LP's controversial plan to replace two aging pipelines that cross the Straits of Mackinac between Lake Michigan and Lake Huron with a new pipeline in an underground tunnel — a decision tribes and conservation groups blasted as reckless.

  • December 01, 2023

    Purdue's High Court Case Puts Bankruptcy Pragmatism On Trial

    Purdue Pharma's oral arguments before the U.S. Supreme Court on Monday are likely to cover several exalted ideas, including the constitutional limits of America's bankruptcy code and the moral implications of letting billionaires off the hook for their company's role in the opioid epidemic. But some experts say the case threatens a humbler factor at the very heart of bankruptcy practice itself: pragmatism.

  • December 01, 2023

    4 Decisions For Which Justice O'Connor Will Be Remembered

    Many of the hotly divided cases at the U.S. Supreme Court came down to Justice Sandra Day O’Connor, a central force on the bench whose savviness at striking compromises and taking a pragmatic approach to resolve disputes is on full display in four opinions.

  • December 01, 2023

    Justice O'Connor Shattered Barriers, Built Bridges

    A Southwestern cowgirl who will always be known as the first woman to sit on the U.S. Supreme Court, Justice Sandra Day O’Connor inspired those around her with an indomitable work ethic, a deep affection for public service and an innate ability to drive consensus among her colleagues.

  • December 01, 2023

    Sandra Day O'Connor, First Woman On Supreme Court, Dies

    Retired U.S. Supreme Court Justice Sandra Day O'Connor, the court's first female member, died Friday at 93, according to the court. Justice O'Connor's position at the ideological center of the court gave her outsized influence in controversial cases during her 25-year tenure.

  • November 30, 2023

    Alaska, Willow Backers Fight 'Drastic' Bid To Halt Oil Project

    Alaska and other backers of the Willow oil project are urging a federal judge to let ConocoPhillips proceed with more construction work this winter and not block it as conservation groups have requested while they appeal an order affirming the Biden administration's approval of the project.

  • November 30, 2023

    Navajo-IHS Dispute Paused Pending Supreme Court Ruling

    An Arizona federal judge has stayed a Navajo health care organization's lawsuit accusing the Indian Health Service of skipping out on its obligation to cover overhead costs, saying the U.S. Supreme Court will review a similar case in 2024.

Expert Analysis

  • How Purdue High Court Case Will Shape Ch. 11 Mass Injury

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    The U.S. Supreme Court's recent arguments in Harrington v. Purdue Pharma, addressing the authority of bankruptcy courts to approve nonconsensual third-party releases in Chapter 11 settlement plans, highlight the case's wide-ranging implications for how mass injury cases get resolved in bankruptcy proceedings, says George Singer at Holland & Hart.

  • Opinion

    Legal Profession Gender Parity Requires Equal Parental Leave

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    To truly foster equity in the legal profession and to promote attorney retention, workplaces need to better support all parents, regardless of gender — starting by offering equal and robust parental leave to both birthing and non-birthing parents, says Ali Spindler at Irwin Fritchie.

  • Series

    Writing Thriller Novels Makes Me A Better Lawyer

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    Authoring several thriller novels has enriched my work by providing a fresh perspective on my privacy practice, expanding my knowledge, and keeping me alert to the next wave of issues in an increasingly complex space — a reminder to all lawyers that extracurricular activities can help sharpen professional instincts, says Reece Hirsch at Morgan Lewis.

  • What Lawyers Must Know About Calif. State Bar's AI Guidance

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    Initial recommendations from the State Bar of California regarding use of generative artificial intelligence by lawyers have the potential to become a useful set of guidelines in the industry, covering confidentiality, supervision and training, communications, discrimination and more, say attorneys at Debevoise.

  • Industry Must Elevate Native American Women Attys' Stories

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    The American Bar Association's recent research study into Native American women attorneys' experiences in the legal industry reveals the glacial pace of progress, and should inform efforts to amplify Native voices in the field, says Mary Smith, president of the ABA.

  • Understanding Discovery Obligations In Era Of Generative AI

    Excerpt from Practical Guidance
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    Attorneys and businesses must adapt to the unique discovery challenges presented by generative artificial intelligence, such as chatbot content and prompts, while upholding the principles of fairness, transparency and compliance with legal obligations in federal civil litigation, say attorneys at King & Spalding.

  • The Case For Post-Bar Clerk Training Programs At Law Firms

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    In today's competitive legal hiring market, an intentionally designed training program for law school graduates awaiting bar admission can be an effective way of creating a pipeline of qualified candidates, says Brent Daub at Gilson Daub.

  • Attorneys Have An Ethical Duty To Protect The Judiciary

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    The tenor of public disagreement and debate has become increasingly hostile against judges, and though the legislative branch is trying to ameliorate this safety gap, lawyers have a moral imperative and professional requirement to stand with judges in defusing attacks against them and their rulings, says Deborah Winokur at Cozen O'Connor.

  • AI Can Help Lawyers Overcome The Programming Barrier

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    Legal professionals without programming expertise can use generative artificial intelligence to harness the power of automation and other technology solutions to streamline their work, without the steep learning curve traditionally associated with coding, says George Zalepa at Greenberg Traurig.

  • Preparing Law Students For A New, AI-Assisted Legal World

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    As artificial intelligence rapidly transforms the legal landscape, law schools must integrate technology and curricula that address AI’s innate challenges — from ethics to data security — to help students stay ahead of the curve, say Daniel Garrie at Law & Forensics, Ryan Abbott at JAMS and Karen Silverman at Cantellus Group.

  • Bid Protest Spotlight: Instructions, Jurisdiction, Scrutiny

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    In this month's bid protest roundup, Michaela Thornton at MoFo examines three recent protests resolved in the U.S. Court of Federal Claims and the U.S. Government Accountability Office that arose from indefinite-delivery, indefinite-quantity contract awards and offer important reminders about the fundamentals of procurement law.

  • General Counsel Need Data Literacy To Keep Up With AI

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    With the rise of accessible and powerful generative artificial intelligence solutions, it is imperative for general counsel to understand the use and application of data for myriad important activities, from evaluating the e-discovery process to monitoring compliance analytics and more, says Colin Levy at Malbek.

  • A Look At Successful Bid Protests In FY 2023

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    Attorneys at Sheppard Mullin look beyond the statistics in the U.S. Government Accountability Office’s recent annual report on bid protests, sharing their insights about nine categories of sustained protests, gained from reading every fiscal year 2023 decision in which the protester had a positive result.

  • Rite Aid's Reasons For Ch. 11 Go Beyond Opioid Suits

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    Despite opioid-related lawsuits being the perceived reason that pushed Rite Aid into bankruptcy, the company's recent Chapter 11 filing reveals its tenuous position in the pharmaceutical retail market, and only time will tell whether bankruptcy will right-size the company, says Daniel Gielchinsky at DGIM Law.

  • Navigating Discovery Of Generative AI Information

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    As generative artificial intelligence tools become increasingly ubiquitous, companies must make sure to preserve generative AI data when there is reasonable expectation of litigation, and to include transcripts in litigation hold notices, as they may be relevant to discovery requests, say Nick Peterson and Corey Hauser at Wiley.

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