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Doing Business in Canada: Aboriginal Law

ABORIGINAL LAW: Canadian law has long recognized the rights of aboriginal peoples, sometimes called First Nations, as the first occupiers of the land. With the founding of Canada in 1867 constitutional powers were...more

Supreme Court Affirms in Michigan v. Bay Mills Indian Community: Don’t Roll the Dice with Tribal Sovereign Immunity

The U.S. Supreme Court’s recent decision in Michigan v. Bay Mills Indian Community is a reminder to a broad range of entities, including energy companies, financial service providers, and state and local governments, that...more

Pojoaque’s Plan to Seek an Imposed Contract: Is Interior’s Process Consistent with IGRA?

The Pueblo of Pojoaque needs a new Class III gaming compact by June 2015 in order to continue operating its casinos which are located north of Santa Fe. However, the Pueblo objected to the financial concessions being demanded...more

Implications of the Supreme Court Decision on Aboriginal Title

On June 26, 2014, the Supreme Court of Canada delivered a unanimous decision in Tsilhqot'in Nation v British Columbia, 2014 SCC 44. The decision marks the first time that Aboriginal title has been granted – until now, the...more

Gaming Legal News - June 2014 • Volume 7, Number 10

In This Issue: - INDIAN COUNTRY AWAITS 9TH CIRCUIT’S EN BANC REHEARING IN BIG LAGOON CASE: In January, a split 9th Circuit panel shocked Indian Country with its holding in Big Lagoon Rancheria v. California that...more

Recent Supreme Court Decision Reaffirms Tribal Sovereign Immunity for Commercial Activities Conducted Off-Reservation

In 1998, the U.S. Supreme Court confirmed that, absent a waiver or Congressional action to the contrary, the doctrine of tribal sovereign immunity applies to lawsuits arising from a tribe’s commercial activities, even if they...more

Duty to Consult where Government Action Impacts a First Nation’s Economic Interests

On May 14, 2014 the British Columbia Supreme Court released its decision in Ehattesaht First Nation v British Columbia (Forests, Lands and Natural Resource Operations), 2014 BCSC 849. The case concerned an application for...more

Federal Government Initiatives Support Engagement with First Nations

On May 27, 2014, the Honourable Greg Rickford, Canada’s Minister of Natural Resources and Minister for the Federal Economic Development Initiative for Northern Ontario, announced two new measures to strengthen engagement with...more

Foley Hoag Authors Good Practice Note on Indigenous Peoples’ Rights and Free, Prior, and Informed Consent

The U.N. Global Compact recently released a Good Practice Note on Indigenous Peoples’ Rights and the Role of Free, Prior, and Informed Consent (“FPIC”) authored by Amy Lehr, an associate in Foley Hoag’s Corporate Social...more

The Hualapai Grand Canyon Disputes Continue

The Hualapai (pronounced wah-lah-pie) Tribe has about 2,300 members, 1,300 of whom live on the Tribe’s northwest Arizona reservation. The enormous reservation borders the Colorado River and includes portions of the West Rim...more

Four Casino Resort Licenses on the Table in Upstate New York – Time to Place Your Bets

As New York State prepares to issue four new gaming licenses, this alert takes a closer look at the details involved in the application requirements, bidding process, fees and approval considerations for prospective...more

California Appellate Court Holds State Regulators Lack Authority To Regulate Tribe-Affiliated Lenders

On January 21, the California Court of Appeal, Second District, held that short-term, small-dollar credit businesses owned by certain federally recognized Indian tribes are sufficiently related to their respective tribes to...more

Compact Between Mashpee Wampanoag Tribe and Gov. Deval Patrick Approved by Default

The federal Bureau of Indian Affairs allowed the 45-day review period to lapse without issuing a decision, thereby approving a compact between the Mashpee Wampanoag Tribe and Gov. Deval Patrick for a $500 million casino in...more

Tribal Sovereign Immunity Protects Payday Lenders From State Enforcement

Last year, the Commissioner of Business Oversight issued several alerts warning consumers that it has received complaints with respect to unlicensed firms offering payday (deferred deposit) loans in California. The common...more

Adoption Of Bill 70, An Act To Amend The Mining Act: Amendments Relating To Native Communities And Reactions Of Those Communities

On last December 10th, the National Assembly of Québec adopted Bill 70, An Act to amend the Mining Act (“Bill 70”). The adoption of Bill 70 came in the wake of three aborted attempts to modify Quebec’s mining regime in recent...more

Aquinnah’s Long and Winding Road to Gaming May Have Hit the Ultimate Roadblock

Just when the Wampanoag Tribe of Gay Head (Aquinnah) appeared to have finally overcome decades of legal and political problems in its quest to develop gaming, a new problem has arisen, and this one may well insure that there...more

Chaudhuri Appointed to National Indian Gaming Commission

On September 4, 2013, Jonodev Osceola Chaudhuri, an enrolled member of the Muscogee Creek Nation, was appointed to a three-year term as Associate Commissioner, and on October 28, he was designated Acting Chairman of the...more

Gaming Legal News - December 2013 • Volume 6, Number 27

In This Issue: - NORTHWEST GAMING LAW SUMMIT: The Seminar Group’s 11th annual Northwest Gaming Law Summit, which has a heavy focus on tribal gaming, is set for December 12–13 in Seattle, Washington... -...more

Gaming Legal News - November 2013 • Volume 6, Number 26

In This Issue: - CHAUDHURI APPOINTED TO NATIONAL INDIAN GAMING COMMISSION: On September 4, 2013, Jonodev Osceola Chaudhuri, an enrolled member of the Muscogee Creek Nation, was appointed to a three-year term as...more

The Illusion of Federal Jurisdiction in Tribal Contracts

Contracts with Indian tribes should specify a venue for disputes arising from those agreements. A common mistake for attorneys drafting agreements involving tribes is to assume that federal courts automatically have subject...more

CFPB files amicus brief in NY tribal payday lending case; update on CIDs issued to tribal lenders

The CFPB has filed an amicus brief in the U.S. Court of Appeals for the Second Circuit in The Otoe-Missouria Tribe of Indians et al. v. New York Department of Financial Services et al., a case stemming from New York’s...more

War Games in Wisconsin (2013 Style)

Wisconsin is home to 11 recognized Indian tribes. It is a fact that 11 tribes will not unanimously agree on all issues. It also is a fact that not all issues require unanimous agreement. However, Governor Scott Walker has...more

Gaming Legal News - October 2013 • Volume 6, Number 23

In This Issue: - WAR GAMES IN WISCONSIN (2013 STYLE): Wisconsin is home to 11 recognized Indian tribes. It is a fact that 11 tribes will not unanimously agree on all issues. It also is a fact that not all issues...more

States and Consumers Battle Tribal Payday Lenders

The tribal payday lending business finds itself facing a flurry of class action lawsuits and state crackdowns painting the lenders as loan sharks preying upon vulnerable consumers with usurious rates and fees. The tribal...more

Land Tenure Risk: Why it Matters for Companies, Investors, and Communities

Two important new reports focus on land tenure conflicts between companies and communities. In September, the Rights and Resources Initiative released a report entitled, “Global Capital, Local Concessions: A...more

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