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Native American
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June 16, 2025
NY Looks To End Long Island Tribal Fishing Rights Row
New York officials have asked a federal judge to toss a long-standing dispute with the Shinnecock Indian Nation over fishing off of Long Island, arguing that tribal members have filed invalid claims to their purported rights to fish in waters at the town of Southampton.
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June 16, 2025
Gaming Group Backs High Court Fight In Wash. Compact Row
The California Gaming Association is backing a casino owner and operator in its U.S. Supreme Court bid to undo a Ninth Circuit ruling dismissing the company's challenge to Washington state tribal gaming compacts, arguing the nonprofit has an interest in ensuring its members can pursue their legal claims.
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June 16, 2025
Cannabis Regulators Association Names New Board Members
The Cannabis Regulators Association, an international organization of government officials who oversee marijuana and hemp policy, on Monday announced its new executive board.
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June 16, 2025
Texas Justices Say Park Repairs Trump Native Religion Claims
A law forbidding Texas from enacting rules to curtail certain religious services does not extend to its preservation and management of publicly owned lands, the state Supreme Court said, weighing in on a Fifth Circuit dispute between Native American church members and the city of San Antonio over access to a local park.
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June 16, 2025
Steakhouse Wants Class Unraveled In Tip Credit Suit
A class of tipped servers should be broken up, a steakhouse at the Foxwoods Resort Casino told a Connecticut state court, saying the workers cannot show that they all performed untipped side work that caused them to lose out on wages.
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June 16, 2025
Rural Broadband Cos. Say Scalability, Cost Key To Buildout
Rural network providers are happy about some of the changes the U.S. Department of Commerce is making to the multibillion-dollar broadband deployment program BEAD, but say they also think the government should turn a keen eye toward making sure projects are scalable and cost-efficient.
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June 16, 2025
6th Circ. Denies Mich. Gov.'s Rehearing Bid In Pipeline Suit
A three-judge panel of the Sixth Circuit on Monday rejected a request for a rehearing from Michigan Gov. Gretchen Whitmer, who had asked the appellate court to reconsider its earlier decision that she didn't have sovereign immunity from Enbridge Energy's lawsuit seeking to halt her efforts to shut down the Line 5 pipeline.
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June 16, 2025
High Court Will Hear Chevron, Exxon Pollution Liability Case
The U.S. Supreme Court agreed Monday to determine whether federal or state courts are the proper venue for Louisiana's bid to hold Chevron, Exxon Mobil and other major oil companies liable for damages to the state's coastal lands that were allegedly caused by World War II-era oil production activities.
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June 13, 2025
9th Circ. Allows ConocoPhillips Project To Proceed, For Now
The Ninth Circuit on Friday held that the U.S. Bureau of Land Management must reconsider a small part of its approval for the controversial ConocoPhillips Willow oil and gas project, though it stopped short of vacating existing approvals for the Arctic energy development and allowed the project to proceed.
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June 13, 2025
State Dept. Layoffs Still Violate Injunction, Judge Says
A California federal judge said Friday that planned staff reductions at the State Department would violate her injunction blocking President Donald Trump's executive order directing layoffs at federal agencies, saying she's not persuaded by the government's assertion that the department's reorganization was underway before the order.
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June 13, 2025
Real Estate Recap: Builders' Hack, Korean Mezz, Hotel Angst
Catch up on this past week's key developments by state from Law360 Real Estate Authority — including an inside look at California's Builder's Remedy, aggressive moves by South Korean mezzanine lenders, and why one BigLaw hospitality leader says hotels are "scared to death."Â
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June 13, 2025
Trump Ends Protections, Funding For Columbia River Basin
President Donald Trump has pulled the U.S. from a Biden-era agreement with two Pacific Northwest states and three tribal nations to restore salmon populations in the Columbia River Basin and increase clean energy production, saying his administration is committed to protecting the country from "radical green agenda policies."
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June 13, 2025
Casino Workers Say Mich. Tribe Can't Exit Data Breach Suit
A group of casino employees are fighting a motion in Michigan federal court by the Sault Ste. Marie Tribe of Chippewa Indians to throw out a proposed class action involving a data breach, arguing that tribal sovereign immunity does not bar the lawsuit.
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June 13, 2025
Enviro Orgs. Challenge Trump's Mercury Rule Pass For Coal Plants
As the Trump administration moves to undo recently tightened mercury emissions rules for coal-fired power plants, environmental groups have challenged President Donald Trump's decision to exempt dozens of plants from the stricter standards.
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June 13, 2025
Con Man Galanis Can't Get $2M Back, Despite Trump Clemency
A New York federal judge denied convicted fraudster Jason Galanis' request to halt restitution payments and recover $2.17 million in forfeited assets, ruling that President Donald Trump's reduction of his sentence applied only to future obligations.
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June 13, 2025
Hopes Run High For Senate's Focus On Universal Service
Telecom industry groups are expressing guarded optimism that Congress could soon reform the nation's telecommunications subsidy system as a high court decision looms on the future of the Universal Service Fund.
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June 13, 2025
Calif. Residents Sue Over 'Pick 'Em' Fantasy Sports Contest
A pair of San Francisco residents filed a proposed class action in California federal court against SidePrize LLC for allegedly telling customers its "Pick 'Em" daily fantasy sports contests are legal in the state when they are actually prohibited gambling operations.
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June 12, 2025
Suit Over Biden Mining Rule Paused As Trump Plans Changes
State and federal litigants in a suit over a Biden-era regulation that imposed more requirements on states to address possible mining law violations were granted a breather Thursday after the Trump administration said it plans to loosen the mandate once again.
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June 12, 2025
Review Ordered For Alaska Gold Mine As Permits Kept Alive
An Alaska federal judge isn't revoking key permits for a proposed gold mine in the state's Yukon–Kuskokwim region despite finding legal flaws in an environmental review, but she has ordered government agencies to reassess the risks of a catastrophic tailings spill while construction remains paused.
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June 12, 2025
Tribal Students Sue Feds Over Change To Financial Aid Policy
Two New York tribal members want a federal district court to block a decision by the U.S. Education Department to reverse course on its residence documentation policy for Indigenous students seeking financial aid, saying the agency offered no justification for the change that will prevent them from attending college.
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June 12, 2025
Calif. Casinos Seek Coverage For Tribes' Gambling Suits
California casino operators said they are entitled to defense coverage for suits brought by several tribes over their gambling operations, telling a federal court that their insurer has denied coverage based on policy exclusions that do not apply and has failed to conduct a proper investigation of their claims.
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June 12, 2025
Christian Group Can't Register 'He Gets Us' As EU TMÂ
A U.S. evangelical Christian group can't register as a European trademark the Jesus-focused "He Gets Us" slogan popularized by the group's Super Bowl ads because European officials found this week that consumers would understand it described the organization's religious promotional services.Â
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June 12, 2025
Ex-Interior Secretary Salazar On 'Coming Home' To WilmerHale
Former U.S. Sen. Ken Salazar of Colorado, who served as secretary of the U.S. Department of the Interior during the Obama administration and most recently as ambassador to Mexico during the Biden administration, returned this month to WilmerHale's Denver office, which he founded in 2014.
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June 11, 2025
4th Circ. Urged To Rethink Block On Federal Grant Restoration
A group of nonprofits and cities asked the Fourth Circuit to reconsider its decision blocking an order that restored 32 congressionally funded grants frozen by the Trump administration, arguing Tuesday that the circuit's approach "would enable the Executive Branch to evade judicial review and unconstitutional actions to go unchecked."
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June 11, 2025
Filmmaker Ends Case Against Netflix, LeBron Over 'Rez Ball'
A California federal judge on Wednesday dismissed a copyright lawsuit with prejudice by a filmmaker who accused Netflix Inc., NBA superstar LeBron James and others of lifting elements from his script to make the movie "Rez Ball" after the parties filed a notice with the court.
Expert Analysis
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How To Grow Marketing, Biz Dev Teams In A Tight Market
Faced with fierce competition and rising operating costs, firms are feeling the pressure to build a well-oiled marketing and business development team that supports strategic priorities, but they’ll need to be flexible and creative given a tight talent market, says Ben Curle at Ambition.
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Series
Rock Climbing Makes Me A Better Lawyer
Rock climbing requires problem-solving, focus, risk management and resilience, skills that are also invaluable assets in my role as a finance lawyer, says Mei Zhang at Haynes and Boone.
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Think Like A Lawyer: Dance The Legal Standard Two-Step
From rookie brief writers to Chief Justice John Roberts, lawyers should master the legal standard two-step — framing the governing standard at the outset, and clarifying why they meet that standard — which has benefits for both the drafter and reader, says Luke Andrews at Poole Huffman.
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Series
Being A Luthier Makes Me A Better Lawyer
When I’m not working as an appellate lawyer, I spend my spare time building guitars — a craft known as luthiery — which has helped to enhance the discipline, patience and resilience needed to write better briefs, says Rob Carty at Nichols Brar.
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Lead Like 'Ted Lasso' By Embracing Cognitive Diversity
The Apple TV+ series “Ted Lasso” aptly illustrates how embracing cognitive diversity can be a winning strategy for teams, providing a useful lesson for law firms, which can benefit significantly from fresh, diverse perspectives and collaborative problem-solving, says Paul Manuele at PR Manuele Consulting.
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Opinion
Now More Than Ever, Lawyers Must Exhibit Professionalism
As society becomes increasingly fractured and workplace incivility is on the rise, attorneys must champion professionalism and lead by example, demonstrating how lawyers can respectfully disagree without being disagreeable, says Edward Casmere at Norton Rose.
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Opinion
High Court Made Profound Mistake In Tossing Purdue Deal
The U.S. Supreme Court's recent decision to throw out Purdue Pharma's Chapter 11 plan jeopardizes a multistate agreement that would provide approximately $7 billion in much-needed relief to help fight the opioid epidemic, with states now likely doomed to spend years chasing individual defendants across the globe, says Swain Wood at Morningstar.
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Series
Serving In The National Guard Makes Me A Better Lawyer
My ongoing military experience as a judge advocate general in the National Guard has shaped me as a person and a lawyer, teaching me the importance of embracing confidence, balance and teamwork in both my Army and civilian roles, says Danielle Aymond at Baker Donelson.
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A Midyear Forecast: Tailwinds Expected For Atty Hourly Rates
Hourly rates for partners, associates and support staff continued to rise in the first half of this year, and this growth shows no signs of slowing for the rest of 2024 and into next year, driven in part by the return of mergers and acquisitions and the widespread adoption of artificial intelligence, says Chuck Chandler at Valeo Partners.
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Opinion
States Should Loosen Law Firm Ownership Restrictions
Despite growing buzz, normalized nonlawyer ownership of law firms is a distant prospect, so the legal community should focus first on liberalizing state restrictions on attorney and firm purchases of practices, which would bolster succession planning and improve access to justice, says Michael Di Gennaro at The Law Practice Exchange.
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FERC Rule Is A Big Step Forward For Transmission Planning
The Federal Energy Regulatory Commission's recent electric transmission system overhaul marks significant progress to ensure the grid can deliver electricity at reasonable prices, with a 20-year planning requirement and other criteria going further than prior attempted reforms, say Tom Millar and Gwendolyn Hicks at Winston & Strawn.
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Series
Solving Puzzles Makes Me A Better Lawyer
Tackling daily puzzles — like Wordle, KenKen and Connections — has bolstered my intellectual property litigation practice by helping me to exercise different mental skills, acknowledge minor but important details, and build and reinforce good habits, says Roy Wepner at Kaplan Breyer.
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Texas Ethics Opinion Flags Hazards Of Unauthorized Practice
The Texas Professional Ethics Committee's recently issued proposed opinion finding that in-house counsel providing legal services to the company's clients constitutes the unauthorized practice of law is a valuable clarification given that a UPL violation — a misdemeanor in most states — carries high stakes, say Hilary Gerzhoy and Julienne Pasichow at HWG.
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2 Options For Sackler Family After High Court Purdue Ruling
After the U.S. Supreme Court recently blocked Purdue Pharma's plan to shield the family that owns the company from bankruptcy lawsuits, the Sacklers face the choice to either continue litigation, or return to the bargaining table for a settlement that doesn't eliminate creditor claims, says Gregory Germain at Syracuse University.
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In Memoriam: The Modern Administrative State
On June 28, the modern administrative state, where courts deferred to agency interpretations of ambiguous statutes, died when the U.S. Supreme Court overruled its previous decision in Chevron v. Natural Resources Defense Council — but it is survived by many cases decided under the Chevron framework, say Joseph Schaeffer and Jessica Deyoe at Babst Calland.