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Tribes Should Beware of Dissent in High Court Ruling, Lawyers Say

Native American tribes shouldn’t celebrate too heartily after a victory at the U.S. Supreme Court by the Bay Mills Indian Community, Oklahoma lawyers said. Tribal lawyers Michael McBride III with Crowe & Dunlevy and...more

Federal Court Limits Tribe’s, Secretary’s Options When States Balk at Gaming Compact

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

Second Federal Circuit Court Refuses To Enforce Arbitration By South Dakota Tribe

Using a different analysis, but reaching the same result as a recent decision from the Seventh Circuit, the Eleventh Circuit agreed that a defendant could not compel arbitration of consumer claims before the Cheyenne River...more

Eleventh Circuit Refuses To Compel Arbitration In Dispute Between Loan Servicer and Borrower

On October 2, the Eleventh Circuit affirmed a district court’s decision refusing to compel arbitration sought by a servicer in a dispute with a borrower over the terms of a loan agreement. Inetianbor v. Cashcall, Inc. No....more

Negotiating with a Tribe or Tribal Entity: Practical Tips for Franchisors

Indian gaming has exploded in the more than twenty-five years since Congress passed the Indian Gaming Regulatory Act (IGRA). According to the 2014 Casino City’s Indian Gaming Industry Report, Indian tribes received $28.1...more

Seventh Circuit Finds Tribal Arbitration Is Unreasonable and Unconscionable

In a victory for advocates who worry that the odds are impossibly stacked against consumers in some arbitral fora, the Seventh Circuit found that a class of borrowers did not have to proceed with arbitration conducted by the...more

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

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

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