James Nichols

James Nichols

Dorsey & Whitney LLP

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Latest Publications


Court Enforces CFPB Civil Investigative Demand Against Tribal Lending Entity; Rejects Argument that Tribal Sovereignty Precludes...

On January 20, 2017, in CFPB v. Great Plains Lending, a three-judge panel of the Ninth Circuit Court of Appeals upheld the Consumer Financial Protection Bureau’s civil investigative demands for documents from lending...more

2/2/2017 - CFPB Dodd-Frank EFTA Enforcement Authority Gramm-Leach-Blilely Act Sovereign Immunity Subpoenas Tribal Loans Truth in Lending Act (TILA)

Is this Deal Reportable?: HSR Reportability Thresholds Increase

On January 19, 2017, the Federal Trade Commission announced the annual adjustment of the thresholds that trigger premerger reporting obligations (and the mandatory waiting period) under the Hart-Scott Rodino (HSR) Act. The...more

1/25/2017 - Acquisitions DOJ FTC Hart-Scott-Rodino Act Interlocking Directorate Mergers Size of Persons Test Size of Transaction Test Threshold Requirements

The Law on Tribal Court Jurisdiction over Non-Members Stands with Supreme Court’s Tied Vote in Dollar General Corp. v. Mississippi...

John Doe, a teenage member of the Mississippi Band of Choctaw Indians, was working as an intern at a Dollar General store on the Tribe’s Reservation when he was sexually molested by the manager of the store. Doe sued Dollar...more

6/28/2016 - Dollar General Co v Mississippi Band of Choctaw Indians Jurisdiction Negligent Hiring Negligent Supervision SCOTUS Sexual Assault Tort Tribal Courts Tribal Governments Tribal Lands

Supreme Court Rejects Challenge to the Use of Tribal-Court Convictions as Predicate Offenses in Federal Domestic Violence...

On June 13, 2016, the Supreme Court issued a decision in United States v. Bryant, resolving a circuit split to hold that tribal-court convictions for domestic violence may be used as predicate offenses for the federal felony...more

6/14/2016 - Convictions Dollar General Domestic Violence Habitual Offender Status Prior Conviction Right To Counsel Sixth Amendment Tribal Courts US v Bryant

Supreme Court Unanimously Holds that Omaha Tribe’s Reservation Not Diminished by 1882 Statute

On March 22, 2016, the Supreme Court issued a decision in Nebraska v. Parker. In this case, Nebraska challenged the Omaha Indian Tribe’s right to enforce a Department of Interior-approved liquor ordinance on parts of the...more

3/25/2016 - Acts of Congress Land Sale Contract Native American Issues Nebraska v Parker Real Estate Agents Sales & Use Tax SCOTUS Tribal Lands Tribal Ordinances Wine & Alcohol

Hart-Scott-Rodino Premerger Reporting Thresholds Increase

On January 26, the Federal Trade Commission published the annual adjustment of the thresholds that trigger premerger reporting obligations (and the mandatory waiting period) under the Hart-Scott Rodino (HSR) Act. The new...more

2/5/2016 - Filing Fees FTC Hart-Scott-Rodino Act Interlocking Directorate Pre-Merger Filing Requirements Size of Persons Test Size of Transaction Test The Clayton Act

The Demise of Disclosure-Only Settlements?

On January 22, 2016, the Delaware Court of Chancery, in an opinion of Chancellor Bouchard, rejected a proposed disclosure-only settlement in the context of M&A litigation that offered no new helpful information to the...more

1/29/2016 - Disclosure-Based Settlements Shareholder Litigation Target Company Trulia Zillow

Supreme Court Rejects Tribe’s Equitable Tolling Argument in Contract Support Litigation

On January 25, 2016, the Supreme Court issued a decision in Menominee Indian Tribe of Wisconsin v. United States, rejecting an argument that equitable tolling preserves some claims against the United States for failure to pay...more

1/27/2016 - Class Action Equitable Tolling Federal Funding Tribal Governments

U.S. Supreme Court Reaffirms the Doctrine of Tribal Sovereign Immunity in Bay Mills Decision

On Tuesday, the U.S. Supreme Court issued a decision, highly anticipated by Indian tribes and Indian law practitioners, in Michigan v. Bay Mills Indian Community, et al. In a 5-4 split, the Court reaffirmed the doctrine of...more

5/29/2014 - Casinos Indian Gaming Michigan v Bay Mills Indian Cmty SCOTUS Sovereign Immunity Tribal Governments Tribal Lands

Hart-Scott-Rodino Reporting Thresholds Raised

On January 17, 2014, the Federal Trade Commission announced the annual adjustment to the thresholds that trigger reporting obligations under the Hart-Scott-Rodino Act (HSR Act). Like eight of the past nine annual adjustments,...more

1/22/2014 - Acquisitions Bazaarvoice Inc DOJ FTC Hart-Scott-Rodino Act Mergers Reporting Requirements Transactional Attorneys

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