Native American Issues

News & Analysis as of

Gaming Legal News: Volume 8, Number 14: The Intersection Of Federal Labor Law, Tribal Gaming And A Deep Division Within Two Sixth...

Two separate three-judge panels of the United States Court of Appeals for the Sixth Circuit have rendered labor law decisions concerning Indian casinos in Michigan only 22 days apart. While each of the panels ruled that the...more

Despite Cancellation, the Washington Redskins' Trademark is Not up for Grabs

As of Wednesday, July 08, 2015, the Washington Redskins have lost a long-fought batter to maintain its federal trademark registrations covering “REDSKINS.” Back in June of 2014, the United States Patent and Trademark Office...more

Redskins Trademark Decision

On July 8, 2015, a Virginia District Court ordered the cancellation of six NFL Redskins trademark registrations, under a Lanham Act prohibition against registering marks that “may disparage” a referenced class at the time of...more

Intellectual Property Alert: Federal District Court Affirms Cancellation of “REDSKINS” Marks on Summary Judgment and Holds that...

On July 8, 2015, the Federal District Court of the Eastern District of Virginia affirmed the Trademark Trial and Appeal Board’s cancellation of the REDSKINS federal trademark registrations owned by Pro-Football, Inc....more

Redskins Trademarks – Answers to Key Questions Regarding Recent Ruling

Last week, the U.S. District Court sitting in Alexandria, Virginia granted what would appear to be a sweeping victory to a group of five Native Americans who have renewed attempts to cancel the federal registrations of...more

Washington’s NFL Team and U.S. Customs

Last week the NFL franchise that plays football near — but not in — our Nation’s Capital, was dealt another significant legal and public relations blow that would have any rational brand owner working overtime on its...more

What’s in a Name? District Court’s Trademark Cancellation Order Casts Further Doubt on “Redskins” Moniker

Taking big hits is quite familiar to professional football teams.  The hit laid down by a federal District Court on July 8, 2015, however, is one that Washington’s professional football franchise will remember for a long...more

Alert: Federal Court Upholds Cancellation of REDSKINS Trademark Registration

On July 8, 2015, a federal district court in Virginia upheld a ruling canceling six federal trademark registrations incorporating the term REDSKINS owned by the Washington, D.C. football team. The court agreed with the...more

Developer Tips: Top 11 Misperceptions about Section 106 of the National Historic Preservation Act

Section 106 of the National Historic Preservation Act - Even experienced project proponents can get caught off guard by common misunderstandings about cultural resources protection laws. One of the most misunderstood...more

Sixth Circuit Holds National Labor Relations Act Applicable to Indian Tribe's Casino

Weighing in on a hotly contested issue, a panel of the Sixth Circuit has found that federal labor law applies to Indian tribes’ casinos, notwithstanding the tribes’ inherent sovereignty. However, the panel only did so because...more

Despite Changing Economic Reality, Federal Court Holds Indian Tribes Have Sovereign Immunity in Bankruptcy, Absent Waiver

As the Indian gaming industry continues to thrive, Indian tribes are increasingly engaging in other commercial endeavors including banking, construction, energy, telecommunications, manufacturing, retail and more. Based on a...more

Update on Battle Over the Navajo Mark

In a surprising move last week, Urban Outfitters and its subsidiaries (collectively “Urban Outfitters”) moved to withdraw their motion for partial summary judgment on the secondary liability claims being brought against them...more

Appropriations Subcommittee Rejects Efforts to Strip Funding Bill of Pro-Employer Riders

The day after the House Appropriations Committee released a draft bill that would significantly limit certain federal agency rules and initiatives, the Subcommittee on Labor, Health and Human Services, and Education held a...more

Draft Appropriations Bill Seeks to De-Fund Various Regulatory Efforts

A draft House appropriations bill to fund various federal agencies, including the Department of Labor, for Fiscal Year 2016 includes several provisions that would effectively halt a number of controversial regulatory efforts....more

SBA's Proposed Rule Provides Guidelines on the Common Administrative Services Exception to Affiliation for All Tribal Entities

The SBA’s February 2015 proposed rule concerning the expanded mentor-protégé program received much attention and analysis, much (deservedly) focused on the new program. However, one aspect of the proposed rule could, if made...more

Alaska Legislature Approves Lower Quorum Requirements for Alaska Native Corporations

The Alaska state legislature recently passed a bill reducing quorum requirements for certain Alaska Native Corporations at their annual shareholder meetings. Under HB 149, which is expected to be signed into law by Alaska...more

Week in Review – June 2015

Special Session – Not Yet - Governor Mark Dayton and House Republican leaders on Monday tentatively agreed to a two-year school spending budget, moving them one step closer to avoiding a partial government shutdown...more

Lawyer Who Started Fight Over "R-Word" Mascot Awaits Decision

About a quarter century ago, Steve Baird — at the time, a freshly minted graduate of the University of Iowa law school clerking for a federal judge in Washington, D.C. — was spending most of his free weekends working on an...more

Does Rule 23(e) Require that Settlement Class Members Receive Notice of Modification to Cy Pres Remedy?

The United States District Court for the District of Columbia recently held that a modification to a settlement agreement was not subject to the procedural protections of Federal Rule of Civil Procedure 23(e) because it would...more

Prisoner in Seventh Circuit to Receive Venison and Religious Headband; Impact of Hobby Lobby and Holt on the Land Use World...

Last week, we reported on a case where the Southern District of Florida decided against the Florida Department of Corrections, finding its refusal to provide kosher meals to inmates violates the Religious Land Use and...more

California's Office of Planning and Research Releases Draft Technical Advisory for Formal Native American Consultations Under AB...

Comments on the Draft Advisory due by June 1 - The Office of Planning and Research released a Draft Advisory earlier this month entitled “Discussion Draft Technical Advisory: AB 52 and Tribal Cultural Resources in CEQA”...more

Use of NAVAJO – Is Urban Outfitters Infringing or Not?

Battles continue to wage over use of the “Navajo” and “Navaho” marks in New Mexico federal court. The Navajo Nation (“the Nation”) sued Urban Outfitters and its subsidiaries, including one of my favorite retailers,...more

Once 8(a) Competitive, Not Always 8(a) Competitive

Unlike other sole source authorities for small business programs, such as that recently granted to the WOSB program via the 2015 NDAA, a recent decision from GAO confirms that the sole source authority given to the 8(a)...more

House of Representatives Passes National Defense Authorization Act for FY 2016

On Friday, the U.S. House of Representatives passed H.R. 1735, the National Defense Authorization Act (NDAA) for Fiscal Year (FY) 2016. Congressman Young’s amendment would replace Section 811 of the FY 2010, which introduced...more

Federal Funding for Water Projects and Indian Water Settlements

In recent years, the parties proposing Indian water settlements have struggled to find federal funding, and budget offsets, to pay for settlement projects. But a concurrent by the House and Senate Budget Committee may pave a...more

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