Next Generation Partners

Native American law in United States

Dentons

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.

Practice head(s):

Heather Sibbison


Other key lawyers:

Suzanne Schaeffer; Samuel Daughety


Key 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


Work highlights


  • 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.

Practice head(s):

Seth Waxman


Other key lawyers:

Tom Strickland; Christopher Babbitt; Daniel Volchok


Testimonials

‘Vast experience in federal Indian law litigation’

Key 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.


Practice head(s):

Donald R. Pongrace


Other key lawyers:

Jason Hauter; Katie Brossy


Key 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


Work highlights


  • 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.

Practice head(s):

Lance Boldrey; Jason Hanselman


Other key lawyers:

Courtney Kissel; Erin Sedmak


Key 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


Work highlights


  • 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. Also in Portland, 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.

Practice head(s):

Townsend Hyatt


Other key lawyers:

David Lin; Richard Chirls


Key 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


Work highlights


  • 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.

Practice head(s):

Brendan Johnson; Timothy Purdon


Other key lawyers:

Tim Billion; Casey Matthiesen


Testimonials

‘Excellent listening skills; excellent communication skills; fair billing.’

‘The lawyers really care about the client.’

Key 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


Work highlights


  • 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.

Practice head(s):

Andrew VanderJack; Laura Jones


Other key lawyers:

Patrick Daugherty


Key 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


Work highlights


  • 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.