Working from the firm’s Washington DC office, the Native American Law group at Dentons boasts a complete advisory and contentious offering and routinely works on the side of tribes across the nation, recently including those in Missouri, Arizona, and Hawaii. Core areas of focus for the group includes representing tribes in claims of tribal sovereignty, land claim settlement issues, and securing full recognition from the federal government. On the advisory front, the team’s capabilities include advising on tribal energy projects, issues involving healthcare and education on reservations, and gaming mandates. Heather Sibbison steers the practice and specializes in matters relating to Native lands, including water rights, non-gaming economic development, and housing. Additional key contacts include Suzanne Schaeffer and Samuel Daughety, who focus on complex Indian lands and environmental compliance issues.
Native American law in United States
Dentons
Responsables de la pratique:
Heather Sibbison
Autres avocats clés:
Suzanne Schaeffer; Samuel Daughety
Principaux clients
Mashpee Wampanoag Tribe of Massachusetts
The Prairie Island Indian Community
Tohono O’odham Nation
The National Congress of American Indians/Association on American Indian Affairs/National Indian Child Welfare Association
Mohegan Tribe of Indians of Connecticut
The Cowlitz Indian Tribe
SAGE Development Authority (Standing Rock Sioux)
The Lumbee Tribe of North Carolina
The California Tribal College
Yocha Dehe Wintun Nation
Cache Creek Casino Resort
Grand Traverse Band of Ottawa and Chippewa Indians
The Haliwa-Saponi Indian Tribe
Office of Hawaiian Affairs
Pueblo of Jemez
Principaux dossiers
- Represented the Mashpee Wampanoag Tribe in litigation, confirming the status of the tribe’s reservation.
- Assisted the Cowlitz Indian Tribe with appropriations law advice, resulting in the tribe securing $1,765,000 in federal funding in the fiscal year 2023 appropriations law, allowing the tribe to expand substance abuse and other services at its Longview and Tukwila health clinics.
- Represented three national non-profit Native American rights organizations as amicus curiae in multiple federal district courts to defend the Indian Child Welfare Act (ICWA), a 1978 law designed to protect Indian children, families and tribes.
WilmerHale
WilmerHale is a strong choice for Native American legal issues, drawing on an extensive track record representing tribes at every stage of dispute resolution and routinely litigating before the Supreme Court, appellate, and trial courts. The group’s broad caseload features contentious, advisory and transactional mandates relating to energy resource development, land acquisitions, water rights, gaming, tribal sovereignty and self-determination. The handling of tribal internal investigations, including white-collar and criminal internal investigation cases, constitutes another pillar of the practice. Seasoned litigator Seth Waxman heads up the department from Washington DC and specializes in appellate work, litigation and advisory matters, with particular focus on complex challenges at the intersection of public policy, regulatory, criminal and commercial issues. Additional key names to note include Tom Strickland, who specializes in advising on tribal lending, Congressional and internal investigations, corporate governance, and high-stakes crisis management; Christopher Babbitt, who covers litigation and enforcement matters involving the federal government and rival tribes; and Daniel Volchok, whose practice has an emphasis on representing tribes and nations in trial and appellate litigation.
Responsables de la pratique:
Seth Waxman
Les références
‘Vast experience in federal Indian law litigation’
Principaux clients
Confederated Tribes of Warm Springs
National Indian Gaming Association
North Fork Rancheria of Moni Indians
Schaghticoke Tribal Nation
Akin
The Washington DC-based Native American law practice at Akin represents tribal governments and their economic enterprises on matters involving tribal political empowerment, sovereignty and economic development. The group is regularly involved in the negotiation of settlements regarding land and water rights, and additionally advises tribes on a range of non-contentious mandates such as non-gaming business opportunities, governmental contracting, renewable energy projects, and telecommunications. Practice head Donald R Pongrace specializes in complex private and government-to-government negotiations, regularly appearing before federal, state and tribal courts. Additional key figures include Jason Hauter, who previously acted as in-house counsel for the Gila River Indian Community and has focused his practice on the implementation of Indian water rights settlements and water resource management. Katie Brossy specializes in advocating before federal agencies on water, land, gaming and education matters. Allison Binney left the firm in March 2023.
Responsables de la pratique:
Donald R. Pongrace
Autres avocats clés:
Jason Hauter; Katie Brossy
Principaux clients
Willa Cather National Statuary Hall Selection Committee
Mashantucket Pequot Tribal Nation
Gila River Indian Community
The Seneca Nation of Indians
Pechanga Band of Indians
AMERIND
Principaux dossiers
- In a pro bono engagement, advised the National Statuary Hall Selection Committee to navigate the federal process to replace the statue of Julius Sterling Morton with the Willa Cather statue in the United States Capitol.
- Recognized for an appellate win that allowed the Seneca Nation to proceed in a lawsuit that challenges New York state officials’ ongoing operation of the NYS Thruway across the Seneca Nation’s Cattaraugus Reservation.
- Engaged by Gila River Indian Community to assist with the planning of critical infrastructure, including police department buildings and public safety facilities, with the U.S. Department of Interior.
Dykema Gossett PLLC
The Michigan-based practice at Dykema Gossett PLLC specializes in assisting Native American tribes and business with all predevelopment and development aspects of establishing tribal gaming facilities. Typical activities for the group include advising on land-to-trust and gaming eligibility applications, the negotiation of development and financing agreements, as well as handling related litigation. Its expertise also extends to other matters affecting tribes and tribal land, including education, cannabis, and commerce with non-Indian businesses. The team is jointly directed by Lance Boldrey, who regularly handles transactional mandates including business agreements between developers, management companies, and tribes, as well as assisting state and local governments in navigating complex tribal gaming matters. Alongside him, Jason Hanselman routinely assists clients in highly-regulated industries with obtaining licenses. Courtney Kissel is a key contact for regulatory and legislative issues, and on the contentious side, Erin Sedmak is noted for her work on federal disputes involving tribes.
Responsables de la pratique:
Lance Boldrey; Jason Hanselman
Autres avocats clés:
Courtney Kissel; Erin Sedmak
Principaux clients
State of Indiana
Little River Band of Ottawa Indians
Bay Mills Community College
Little River Casino Resort
NativeWahl, LLC
Homeworks Tri-County Electric Cooperative
Native American Utility Company, LLC
Principaux dossiers
- Assisted NativeWahl, a tribally-owned subfranchisor for Wahlburgers restaurants, with negotiations with Wahlburgers to conclude a Master Franchise Agreement.
- Advised on the multiple ways that the twelve federally acknowledged tribes of Michigan can exercise their sovereignty when it comes to cannabis regulation and business.
Orrick, Herrington & Sutcliffe LLP
The team at Orrick, Herrington & Sutcliffe LLP routinely counsels tribal governments and enterprises across the country, as well as banks and financial institutions, on a range of corporate transactions. The group oversees the financing of crucial infrastructure for tribal communities, including the development of water systems, solar energy production and healthcare facilities, as well as infrastructure for commercial endeavors such as hotels and gaming facilities. Portland-based Townsend Hyatt steers the practice and has experience acting for tribes in multiple states on a variety of projects, such as financings for land acquisitions, cultural centers, and parks and recreation facilities. San Francisco-based David Lin is noted for his extensive experience in financings in the casino gaming and tech sectors. In New York, Richard Chirls has focused his practice on the tax aspects of public finance transactions.
Responsables de la pratique:
Townsend Hyatt
Autres avocats clés:
David Lin; Richard Chirls
Principaux clients
Eastern Band of Cherokee Indians
Reno-Sparks Indian Colony
Prairie Island Indian Community
Saginaw Chippewa Tribe of Michigan
Tulalip Tribes of Washington
Western Alliance Bank
Catawba Indian Nation
Poarch Band of Creek Indians
PCI Gaming Authority
Seneca Nation of Indians
Seneca Gaming Corporation
Confederated Tribes of the Warm Springs Reservation of Oregon
Kalispel Tribe of Indians
Viejas Band of Kumeyaay Indians
Jena Choctaw Band of Indians
Wells Fargo Bank
PNC Bank
KeyBanc Capital Markets
KeyBank
Umpqua Bank
Columbia Bank
Principaux dossiers
- Represented the Poarch Band of Creek Indians and its wholly owned subsidiary, PCI Gaming Authority, in connection with a $625m financing that funded the acquisition of an existing commercial gaming facility in Miami, Florida.
- Advised the Eastern Band of Cherokee Indians and its wholly owned subsidiary, Cherokee Indian Hospital Authority, in connection with a $100m borrowing, the proceeds of which will finance a new skilled nursing facility for the Tribe.
- Acted for the Viejas Band of Kumeyaay Indians in connection with a loan by the Tribe to a solar energy provider to finance the initial costs of a long duration energy storage (LDES) project to be located on the Tribe’s reservation.
Robins Kaplan LLP
Praised for their ‘excellent communication skills’, the Minneapolis-based lawyers at Robins Kaplan LLP specialize in representing tribes in complex contentious cases in federal, state, and tribal courts. Core areas of focus for the group include litigation relating to tribal sovereignty, energy extraction, tribal lending, cannabis, and gaming. A recent highlight saw the team represent 28 Tribal Nations based in the Great Plains, Upper Midwest, and the West Coast in litigation relating to the opioid crisis, successfully securing a $589m settlement from major pharmaceutical companies. The group is co-directed by ex-US Attorney for the District of South Dakota Brendan Johnson, who focuses on litigating cases of tribal sovereignty. Co-leading alongside him, ex-US Attorney for the District of North Dakota Tim Purdon majors on energy extraction and civils rights-related litigation. Additional key figures include litigators Tim Billion and associate Casey Matthiesen.
Responsables de la pratique:
Brendan Johnson; Timothy Purdon
Autres avocats clés:
Tim Billion; Casey Matthiesen
Les références
‘Excellent listening skills; excellent communication skills; fair billing.’
‘The lawyers really care about the client.’
Principaux clients
National Tribal Opioid Litigation: 28 Tribal Nations
Tunica-Biloxi Tribe of Louisiana Tribal Lending Regulatory Commission
Mandan, Hidatsa, and Arikara Nation (MHA Nation)
Tribal Rights Activist Nick Tilsen
Rosebud Sioux Tribe
BIA Highway 3 Washout Victims
Standing Rock Sioux Tribe
Spirit Lake Nation and Standing Rock Sioux Tribe
NDN Collective, Sunny Red Bear, and George Bettelyoun
American Indian tribes in Montana and individual Montana students
Austin and Eaglestaff Families
Turtle Mountain Band of Chippewa Indians
MHA Nation
Principaux dossiers
- Represented 28 Tribal Nations in litigation, securing a $589m in total proposed settlements in the national multidistrict litigation against major opioid distributors.
- Sued the federal government on behalf of the Rosebud Sioux Tribe after the Centers for Medicare & Medicaid Services closed the only emergency room on the Rosebud Reservation.
- Represented plaintiffs suing a hotel for discrimination against Native Americans.
Van Ness Feldman LLP
The Washington DC-based team at Van Ness Feldman LLP routinely represents tribal governments and businesses with a range of contentious, regulatory, and energy project development mandates. The group is jointly led by Andrew VanderJack, who specializes in the resolution of aboriginal land claims, Indigenous land management, and resource development projects, as well as the defense of Indigenous hunting and fishing rights, and of counsel Laura Jones, who handles economic development mandates, federal regulatory issues, federal-tribal consultation, and civil litigation. Experienced litigator Patrick Daugherty is well-versed in representing tribes and tribally-owned businesses before tribal, state, and federal courts, and has additional expertise advising companies doing business with tribes facing civil and administrative inquiries.
Responsables de la pratique:
Andrew VanderJack; Laura Jones
Autres avocats clés:
Patrick Daugherty
Principaux clients
777 Partners
Alaska Federation of Natives
Cherokee Nation
Doyon, LTD
Huna Totem Corporation
Kiowa Nation
NANA Regional Corporation
Native American Financial Services Association
The Osage Nation
War Medicine
Principaux dossiers
- Represented the Native American Financial Services Association in numerous amicus briefs filed at the United States Supreme Court, the U.S. Courts of Appeal for the First, Third, Fourth, Sixth, and Ninth Circuits, and in U.S. District Court litigation in Virginia, Montana, and Kansas.
- Represented the Cherokee Nation in its breach of trust action against the United States seeking an accounting and appropriate restitution from the United States of the Cherokee Nation’s assets held in trust by the United States.
- Assisted NANA Corporation with a range of federal government affairs services including outreach to Congress and to federal agencies on matters relating to mineral resource development, broadband deployment in the Northwest Arctic region, and federal funding related matters.