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Native American
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June 03, 2025
Fed. Bill Pushes For Streamlined Access To Tribal Disaster Aid
A trio of Washington state federal lawmakers has reintroduced a bill in the U.S. House of Representatives that would fast-track the process for tribal nations to apply for resources to manage the impact of extreme weather and natural disasters, and address their environmental resiliency and relocation goals.
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June 03, 2025
US Withdraws From El Paso Tribal Land Ownership Dispute
The U.S. says it no longer wants to intervene in a dispute between the Ysleta del Sur Pueblo and the city of El Paso, Texas, over 155 acres of land, a shift in position from the prior administration that argued it never authorized non-Native Americans to usurp the tribe's property.
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June 03, 2025
The Law360 400: A Look At The Top 100 Firms
A rebound in client work sent the nation鈥檚 largest law firms into growth mode last year, driving a wave of hiring, mergers and strategic moves that reshaped the top tier of the Law360 400. Here's a preview of the 100 firms with the largest U.S. attorney headcounts.
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June 02, 2025
Montana Tribal Tariff Dispute Will Stay In US Trade Court
A Montana federal judge won't reconsider an order to transfer a challenge to President Donald Trump's Canada tariff orders by members of the Blackfeet Nation to the U.S. Court of International Trade, saying the CIT has historical jurisdiction over claims by tribal members on import and duty-related actions.
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June 02, 2025
DOI Looks To Void Biden Era Rule On Alaska Arctic Drilling
The U.S. Department of the Interior said Monday it wants to rescind a 2024 Biden administration rule limiting fossil fuel production in the National Petroleum Reserve in Alaska, saying the regulation hinders energy development in a 23-million-acre area on the state's North Slope.
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June 02, 2025
9th Circ. Sends Express Scripts Opioid Case To State Court
The Ninth Circuit sent California's public nuisance lawsuit against Express Scripts and OptumRx over opioid dispensing back to state court Monday and denied the pharmacy benefit managers' bid to stay the remand pending appeal, saying the U.S. Supreme Court's 2009 Nken decision controls, not its later Coinbase ruling.
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June 02, 2025
Feds Say Groups' AmeriCorps Dispute Belong In Claims Court
The Trump administration is fighting a bid by more than a dozen nonprofits to block the firing of thousands of AmeriCorps employees and the cancellation of $400 million in grants and programs, arguing that the allegations can only be addressed by the U.S. Court of Federal Claims.
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June 02, 2025
Trump Renews Call For Justices To Lift Gov't Overhaul Pause
President Donald Trump asked the U.S. Supreme Court on Monday to lift a California federal judge's order barring the implementation of layoffs and reorganization plans at various federal departments and agencies, arguing the order imposes nonexistent congressional limits on his presidential authority.
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June 02, 2025
DraftKings Skirting Calif. Ban On Gambling, Class Action Says
A trio of DraftKings customers has filed a proposed class action accusing the online gambling giant of fraudulent behavior for using its Daily Fantasy Sports games and other contests to circumvent California's ban on sports betting.
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June 02, 2025
FERC 'Never' Considered Costs Of NW Pipeline, 5th Circ. Told
The state of Washington told a Fifth Circuit panel Monday that the Federal Energy Regulatory Commission "鈥妌ever rationally considered what the true costs" were for a TC Energy Corp. pipeline expansion project in the Pacific Northwest.
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June 02, 2025
DHS To Waive Environmental Laws For Border Wall In Arizona
The U.S. Department of Homeland Security on Monday said it will waive a slew of environmental laws to facilitate border wall construction near Yuma, Arizona, an area the government says has a high amount of border crossing and drug trafficking.
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May 30, 2025
Split 9th Circ. Won't Unblock Trump's Gov't Overhaul
A split Ninth Circuit on Friday refused to lift a California federal judge's preliminary block of President Donald Trump's executive order directing layoffs at federal agencies, handing a win to a coalition of unions, nonprofits and cities that argue the order exceeded the president's authority.
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May 30, 2025
Construction Co. Owners Beat Long-Runing Fla. Qui Tam Suit
A Florida federal judge ruled in favor of the owners of a construction company accused of defrauding a program for disadvantaged small businesses in a qui tam, or False Claims Act, lawsuit,聽saying in her dismissal of the nearly decade-long case that it violates the U.S. Constitution.
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May 30, 2025
Native American Group Looks To Block NY Mascot Ban
A Native American advocacy group has filed a federal civil rights lawsuit against the New York Board of Regents to stop a rule that prohibits the use of indigenous mascots in public schools from taking effect, saying the ban is unconstitutional.
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May 30, 2025
Calif. Card Rooms Say AG's Gambling Regs Will Gut Local Biz
A gambling advocacy group has said proposed regulations against the California card room industry by the state's attorney general would eliminate 50% of the rooms' jobs and revenue, arguing that the plan to ban blackjack and baccarat may hurt local economies around the state.
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May 30, 2025
Feds Say NY Violated Civil Rights Act With Mascot Ban
The U.S. Department of Education says the New York State Education Department and its Board of Regents violated the Civil Rights Act by banning Native American mascots and logos in its public school districts and has 10 days to resolve the matter before potentially losing federal funding.
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May 30, 2025
No Point In Vacating NEPA Ruling, Gov't Tells 8th Circ.
The Trump administration on Friday urged the Eighth Circuit to preserve a North Dakota federal judge's decision striking down Biden-era National Environmental Policy Act regulations, a ruling that states and environmental groups say should be vacated.
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May 30, 2025
Group Calls For End To Native Mascots, Citing Youth Harm
The National Congress of American Indians, amid Trump administration efforts to block a Native American mascot ban from taking effect in New York, says the unsanctioned use of Indigenous caricatures and symbols are not tributes, but rooted in racism, cultural appropriation and intentional ignorance.
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May 30, 2025
Oklahoma Overrides Veto To Fund Indigenous Missing Cases
The Oklahoma Legislature has voted to override Gov. Kevin Stitt's veto of a bill that would allow state funding to address the issue of missing and murdered Indigenous persons, with the overrides winning overwhelming approval in both the state House and Senate.
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May 30, 2025
Trump Admin Says States Can't Fight Wind Permit Pause
The Trump administration said a Massachusetts federal judge should reject states' push to block a decision to pause permitting for wind energy projects, saying their claims amount to nothing more than a policy disagreement with no place in court.
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May 30, 2025
3rd Circ. Preview: Tribal Immunity Limits On Deck For June
The Third Circuit's June argument lineup will find a finance company fighting a proposed class action over allegedly predatory payday loan fees because of its tribal ties, while a plumbing company argues that it does not have to聽arbitrate a union grievance.
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May 29, 2025
Projects Get Some NEPA Relief, But How Much Is Unknown
The U.S. Supreme Court's decision limiting judicial review of environmental analyses of infrastructure projects, combined with the Trump administration's drive to ease approval processes, may boost developers' optimism 鈥 but the extent to which reviews can be narrowed remains unknown.
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May 29, 2025
Interior OKs Utah Mine In First Fast-Tracked Energy Review
The U.S. Department of the Interior has greenlit a uranium and vanadium mine in southeastern Utah, the first to be approved under a new, expedited 14-day environmental review process.
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May 29, 2025
SD Tribe Issues State Of Emergency Over Police Resources
The Rosebud Sioux Tribe in South Dakota has declared a public safety state of emergency on its reservation due to methamphetamine use and illicit drug trafficking, urging the federal government to give the tribe more law enforcement resources.
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May 29, 2025
Kids Launch New Climate Case Over Trump Energy Orders
The U.S. government on Thursday was hit with a fresh lawsuit from youths alleging that federal energy policies harm their future by exacerbating climate change, specifically targeting President Donald Trump's executive orders aimed at boosting fossil fuels.
Expert Analysis
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Firms Must Offer A Trifecta Of Services In Post-Chevron World
After the U.S. Supreme Court鈥檚 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 鈥 punctuality, memorization, creativity and more 鈥 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 鈥渃ollaboration drag鈥 鈥 characterized by too many pointless meetings, too much peer feedback and too little dissent 鈥 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 鈥 a failure rate that is strikingly similar to the performance of NFL quarterbacks drafted in the first round 鈥 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鈥檚 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鈥檚 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 鈥 beginning with comprehensive campaigns 鈥 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 鈥 Loper Bright, Corner Post and Jarkesy 鈥 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鈥 union could address a number of issues that have the potential to meaningfully improve working conditions, diversity and attorney well-being 鈥 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 鈥 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鈥檚 recent dismissal of the defendants鈥 counterclaims in Morgan v. Noss should remind attorneys to avoid the temptation to repackage a claim鈥檚 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.