Federal Indian Law

We emphasize a cooperative effort with in-house or local legal counsel, program directors, and others working as a team under the close direction of Tribal leadership.

Indian Gaming

Litigation:

The firm represented the Northern Arapaho Tribe in Northern Arapaho Tribe v. Wyoming (Tenth Circuit, 2004, 2005) (State failed to negotiate a gaming compact in good faith and Tribe entitled to the “full gamut” of casino-style, Class III gaming).

The firm represented the Northern Arapaho Tribe in Seneca-Cayuga, Fort Sill Apache and Northern Arapaho Tribe and Diamond Games v. National Indian Gaming Commission (Tenth Circuit Court of Appeals) (pull tabs system a Class II game and technological “aids” to Class II games are not illegal gaming devices under the Johnson Act).

The firm appeared as amicus for the Northern Arapaho Tribe in Diamond Games v. Reno (D.C. Circuit Court) (pull tabs system a Class II game under Indian Gaming Regulatory Act).

Negotiations:

The firm represented the Northern Arapaho Tribe in its Class III gaming negotiations with Wyoming, which ultimately led to a determination that the State negotiated in bad faith.

The firm represented the Northern Arapaho Tribe in negotiations with the National Indian Gaming Commission and Department of Interior for issuance of Class III gaming procedures; as a result, the Tribe is the first and only Tribe to operate casinos without a gaming compact, without any State regulation, and without any payments to the State. The Tribe self-regulates its Class III gaming.

Regulation:

The firm offers code and regulation development and support and assistance to Tribes and Tribal Gaming Agencies, advocating for the expansion of tribal regulation of Indian gaming.

Development:

The firm offers negotiation and drafting for construction, architect, and other development contracts as well as fee-to-trust and other transaction assistance.