Today's native nations are balancing pressing regulatory issues with maintaining tribal sovereignty. Our attorneys, who've represented Tribal governments for decades, deeply understand this challenge and how to support the distinct needs of Indian Tribal nations.
We provide experience-backed advice on economic development incentives, real estate, Indian Gaming, and general business operations. We also represent tribal government and enterprise clients in licensing matters, financial land transactions, and litigation.
Partner Stephen Hart leads our multidisciplinary group representing Indian Tribal nations. He is a nationally recognized Tribal Law attorney and former personal legal advisor to Arizona Governor Jane Hull. Working with Governor Hull, Hart successfully negotiated Tribal-state gaming compacts with 22 Tribal governments across the state.
Modern Legal Support for Indian Tribal Nations
Multi-tribe Compact Negotiations
Our attorneys regularly conduct complex, long-term negotiations between multiple Tribes to secure new Tribal-state gaming compacts. With our experience, we can renegotiate and amend compacts to help you meet economic development goals, achieve revenue sharing, and gain approval through the state legislatures and the U.S. Department of the Interior.
Gaming and Regulatory Compliance
In addition to our work with Tribal-state compacts, we advise on policy and licensing matters, help Tribal clients develop gaming ordinances and regulations, and negotiate and extend casino management agreements. Our attorneys have helped Indian Tribes address various gaming issues impacting Arizona, California, and New Mexico casinos.
Government Relations
As Indian Law attorneys, we write and help pass impactful state and federal legislation supporting Tribal nations. In doing so, our lawyers frequently interact with the United Senate Indian Affairs Committee, the Bureau of Indian Affairs, the National Indian Gaming Commission, and members of Congress and their staff.
Major Project Development
We assist with all the legal aspects of developing multimillion-dollar Tribal casinos and resorts, from obtaining community and political support to successfully acquiring land, securing it into trust, negotiating easements for infrastructure, and final construction.
Financing Transactions
Our Tribal Law attorneys are comfortable representing clients in all financing transactions, from REIT sales of Tribal land interests to Tribal Economic Development (TED) Bonds. We have served as trustee's counsel for Tribal bond workouts and borrower's counsel for Tribal debt refinancings.
Representative Experience
Wrote legislation for a California-based Tribe, strategized and drafted amendments to effect compromise, and moved bills forward. During the 2019 California legislative session, we wrote legislation affecting the penal code and the Tribe’s ability to enforce state criminal laws, including organized labor, the sheriff’s office, and other law enforcement officials and tribes. We also prepared letters and advocated for audits of state agencies concerning their use of Tribal funds. These activities were important in establishing the Tribe’s role in California vis-à-vis state government and the Tribe’s ability to pursue and enforce its own legislation. Additionally, we serve as borrower’s counsel to the Tribe on financing matters, loan compliance matters, and insurance matters
Managed compact negotiations for a Tribe's gaming enterprise since the first quarter of 2017, negotiating with state governments and around 14 other Tribes to conclude new gaming compacts. Previously, our lawyers successfully concluded compact negotiations between the Tribe and the state of New Mexico
Supported a Tribe’s purchase of approximately 14 acres of land for $5.2 million for development of a new project and preparing to take land into trust. We went through an extensive due diligence process, including requisite environmental work, in anticipation of requesting a federal Indian lands determination, as this site should qualify as the settlement of a land claim.
Represented an investment advisory firm in high-stakes licensing matters in connection with issues raised under the Indian Gaming Regulatory Act. When our client applied for licensure in connection with management contracts held by three Tribal gaming entities, we successfully interfaced with the gaming agencies and commissions as well as the Arizona Department of Gaming, the California Bureau of Gambling Control, and the National Indian Gaming Commission
Served as borrower's counsel in a combined $280 million refinancing of taxable debt, tax-exempt debt, and a new issuance of taxable and tax-exempt monies. In addition to taxable debt, the financing included a significant portion of tax-exempt Tribal Economic Development (TED) Bonds. This transaction was one of only a few to use recent IRS guidance on refunding TED Bonds, providing the Tribe with significant interest savings.
Provided legal support for the development of a large Tribal casino in California. Our work involved:
Working with the Tribe to develop its business relationships with the developer and management contractor; specifically, negotiating a management contract and a development agreement amendment, and obtaining approval of both documents from the National Indian Gaming Commission
Developing a legal infrastructure in the form of a gaming ordinance and gaming regulations and proposing a potential change to the gaming compact with the state of California.
Negotiating a Memorandum of Agreement with the local government for the provision of fire and emergency medical services
Beginning the critical work of financing by negotiating loan documents and establishing the due diligence necessary to support the funding of the project
Served as counsel to an Arizona-based Tribe with respect to negotiating and extending a casino management agreement and hotel management agreement with an international casino operator and management company. Our lawyers advised on tax matters, employer control, and Indian Gaming matters during the negotiation and finalization of management agreements. We also assisted in negotiating with federal agencies in anticipation of their necessary approvals of the casino management agreement, and ultimately helped win approval of the same
Advised a major bank with respect to Indian Law matters, tribal law matters, trust indenture matters, trustee liability issues, and negotiating $200 million in outstanding bonds that are currently in default
Represented a Tribe in the administration and sale of California Carbon Offsets (CCO) from its forest carbon credit projects, which were issued pursuant to California law These projects included a significant portion of all CCOs issued in California. We worked with the Tribe to negotiate and document the Emission Rights Purchase Agreement (ERPA) that governed the sale of certain CCOs to a large purchaser, as well as other matters. We currently provide advice related to CCO compliance and transactional matters regarding the sale and distribution of CCOs.
Provided Indian Law counsel to a developer and contractor in the sale of a REIT of sub-leasehold interests in a parcel owned by allotted landowners within a Tribe. The $67 million transaction achieved both parties’ goals in a manner consistent with the Tribe’s long-term development plans.
Served as trustee's counsel to a major bank in a long-term workout and renegotiation of taxable Tribal bonds issued by a California-based Tribe
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