The U.S. Supreme Court ruled on Thursday that because Indian tribes are indisputably governments, the Bankruptcy Code unmistakably abrogates their sovereign immunity to bankruptcy court proceedings....more
6/19/2023
/ Appeals ,
Bankruptcy Code ,
Bankruptcy Court ,
Chapter 11 ,
FACTA ,
Financial Services Industry ,
Lac du Flambeau Band of Lake Superior Chippewa Indians v Coughlin ,
Native American Issues ,
SCOTUS ,
Sovereign Immunity ,
Tribal Corporations ,
Tribal Loans
The National Indian Gaming Commission (“NIGC”) issued guidance this week for tribes and tribal lenders who submit loan documents to the NIGC for a so-called “declination letter.” Bulletin No. 2021-4, “Submission of Loan...more
On July 15, 2020, the Federal Reserve Bank of Boston issued new guidance expressly permitting tribal businesses that are borrowers under the Main Street Lending Program (“MSLP”) to pay dividends to their tribal government...more
7/16/2020
/ CARES Act ,
Coronavirus/COVID-19 ,
Federal Register ,
Federal Reserve ,
Interim Rule ,
Local Ordinance ,
Main Street Lending Programs ,
New Guidance ,
Secretary of the Treasury ,
Tribal Governments ,
Tribal Loans
Tribal leaders and federal officials this week will begin the task of implementing the economic relief programs of the Coronavirus Aid, Relief and Economic Security Act (or “Act”) passed by Congress on March 27, 2020. The...more
President Trump has declared a national emergency as a result of the novel coronavirus (COVID-19) pandemic, and more than 30 States have made emergency declarations in response to COVID-19. Governors of the States of...more
3/19/2020
/ Business Closures ,
Casinos ,
Coronavirus/COVID-19 ,
Gaming Commissions ,
Health and Safety ,
Indian Gaming Regulation Act ,
Injunctive Relief ,
Public Health ,
State Attorneys General ,
State of Emergency ,
Tribal Governments
The recently released Department of Justice (“DOJ”) opinion (“DOJ Opinion”) concluding that the Wire Act prohibits both sports and non-sports related Internet betting and wagering, leaves the industry with the burning...more
A federal district court in New Mexico has issued a decision finding that the U.S. Department of the Interior’s regulations permitting the Secretary of the Interior to adopt Class III gaming procedures for a tribe lacking a...more
The U.S. Supreme Court (“Court”) issued a 5-4 decision Tuesday in a case with implications for Tribal-State relations and the resolution of disputes under the federal Indian Gaming Regulatory Act, 25 U.S.C. § 2701 et seq....more
The Office of the Solicitor of the Department of the Interior has issued a legal opinion (the “Opinion“) to the Secretary of the Interior interpreting the statutory phrase “under federal jurisdiction” in the Indian...more
On March 4, 2013, ‘SA’ NYU WA, Inc., a tribally-chartered corporation wholly owned by the Hualapai Indian Tribe, filed a Chapter 11 bankruptcy petition in the United States Bankruptcy Court, District of Arizona. This is a...more