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INDIAN LAW - PRACTICE AREAS |
| Supreme Court Litigation On behalf of tribal clients we have briefed and argued on the merits eight cases before the United States Supreme Court, relating to treaty fishing and hunting rights, state taxation, mineral rights and tribal jurisdiction. Other Litigation We have represented tribal and other Native clients in complex litigation in federal, state and tribal courts regarding issues such as: tribal governmental authority and jurisdiction, sovereign immunity, taxation, breach of trust, natural resource development, water rights, protection of cultural properties, repatriation of human remains, and environmental protection. Environmental Protection and Control We have assisted tribal clients with environmental protection
programs to control air pollution, water pollution, oil spills
and hazardous waste. We have also represented tribes to challenge
and mitigate adverse environmental impacts of projects on and
near their reservations. We have assisted tribal clients in legislative matters before Congress and state legislatures, leading to the enactment of laws to benefit those clients. Our work has included preparation of testimony before legislative committees and drafting and lobbying for proposed legislation. We are registered lobbyists under the Federal Lobbying Act. Water Rights We have represented tribal clients in multiple water rights
adjudications and negotiations, prepared tribal water
codes, and advised trial water regulatory agencies. We have
negotiated, drafted and shepherded through Congress a bill
which settles the water rights claims of a tribal client. We have negotiated and drafted documents for highly complex
economic development projects and commercial transactions,
including powerplants, cement plants and other industrial projects,
and have prepared taxation ordinances and economic enterprise
charters. We advise tribes on business opportunities with an
emphasis on the legal advantages to doing business on reservations.
We have formed a variety of tribally-controlled business organizations. The firm has substantial expertise with respect to tribal mineral development, including conceiving, negotiating and drafting leading-edge development agreements. Oil and Gas The firm has been involved in the negotiation of tribal oil and gas agreements and has provided tax and business advice on such transactions. We have also succeeded in recovering large amounts in tribal taxes and royalties under those agreements. Cultural Resources The firm has provided services to preserve tribes’ rights to protect cultural resources and sites, and to enforce rights under the Native American Graves Protection and Repatriation Act and similar laws. Breach of Trust The firm has special expertise in cases brought against the United States for breach of fiduciary duty for mismanagement of tribal trust resources and funds. We have successfully negotiated multimillion dollar settlements in this area. Tribal Government The firm has provided a wide range of legal services to our tribal clients pertaining to their governmental and municipal functions. We have drafted tribal constitutions, codes and ordinances, including law and order codes, zoning and land use ordinances, fish and game regulations, water codes, environmental control regulations, and employment rights ordinances. We regularly advise tribes regarding the implementation of such laws. Preferences in Contracting and Employment The firm has developed tribal ordinances and contractual arrangements for Native American preferences in government contracting and in nearby industrial subcontracting and employment. We have assisted in gaining SBA minority small business classification and preferences under the Indian Self-Determination Act and other federal legislation. Employment Matters The firm has helped tribes prepare and implement employment handbooks and policies, and has defended them against claims brought by employees, including claims for unpaid wages, breach of employment contract, wrongful discharge and discrimination. Tax and Probate Matters The firm has special expertise regarding taxation of Native
American organizations and individuals. We have negotiated
tax agreements with major corporations that provided large
economic returns to our Native American clients. We have represented
individual Native American clients in federal and state tax
disputes. We are experienced in Indian probate matters
before Interior probate judges and federal administrative agencies. |