Indigenous Peoples, Commercial Law & Contracts

SCC Rules Roadblock an Abuse of Process Where Legal Remedies Not Exercised

by Laura Gill, E. Bruce Mellett | Bennett Jones LLP on 5/17/2013

Last week, the Supreme Court of Canada released its decision in Behn v. Moulton Contracting Ltd., 2013 SCC 26. The case sets out some important principles that may be relevant for those who engage in operations in areas where...more

Changes to First Nations Consultation in Alberta

by Wally Braul, Kelly Bray, David Macaulay, Shawn Munro, Cassia Prentice | Bennett Jones LLP on 5/13/2013

On April 2, 2013, Alberta released a draft of The Government of Alberta's Policy on Consultation with First Nations on Land and Natural Resource Management, 2013 (the "Draft Policy"). The Government's deadline for comments on...more

12 Things You Should Know About Private Adoptions In Utah

by Kirton McConkie PC on 5/2/2013

12 THINGS YOU SHOULD CONSIDER IN PRIVATE/INDEPENDENT UTAH ADOPTIONS: 1. Finding a birth mother: Paid facilitators are illegal in Utah. Only licensed agencies may be paid for matching services under Utah law. Even...more

Mining report: PDAC's appeal to B.C.-based mining firms

by Lawson Lundell LLP on 4/30/2013

March saw the annual migration of B.C.-based mining companies to Toronto for the Prospectors and Developers Association of Canada (PDAC) conference and trade show, the world's leading mining convention. The event, now in...more

Gaming Legal News - April 24, 2013 • Volume 6, Number 11

by Patrick Sullivan, Dennis J. Whittlesey | Dickinson Wright on 4/26/2013

In This Issue: - THE MASSACHUSETTS MUDDLE: WHAT DOES IT MEAN FOR THE MASHPEE WAMPANOAG? The Mashpee Wampanoag casino project planned for the town of Taunton in southeastern Massachusetts received a major...more

Minefield for the Unwary: Cautiously Optimistic Outlook on Online Gaming Expansion in the United States

by Harsh Parikh, Heidi McNeil Staudenmaier | Snell & Wilmer L.L.P. on 4/19/2013

Gaming operations in the United States have traditionally been supply-side driven. Sheldon Andelson, CEO and Chairman of Las Vegas Sands Corp., recently analogized the industry to the movie Field of Dreams: If you build it,...more

The Alaska Constitution and Alaska Oil and Gas Projects

by Lisa Doehl | Davis Wright Tremaine LLP on 4/10/2013

In the March 29th decision of Sullivan v. Resisting Environmental Destruction on Indigenous Lands (REDOIL), the Supreme Court of Alaska held that the Alaska Constitution requires only one “best interest finding” (that an oil...more

Gaming Legal News - March 27, 2013 • Volume 6, Number 8

by Patrick Sullivan, Dennis J. Whittlesey | Dickinson Wright on 3/29/2013

In This Issue: - NEGOTIATING DISPUTE RESOLUTION WITH INDIAN TRIBES: DON’T DO IT ALONE: Indian tribes enjoy sovereign immunity from civil suits arising from contractual relationships, even if the contracts are...more

Internet Gaming on Indian Lands

by Jennifer Carleton | Brownstein Hyatt Farber Schreck on 3/7/2013

Originally published in Casino Enterprise Management magazine – March 2013. With no federal Internet gaming bill on the horizon, state legislatures are again focused on whether and to what extent Internet gaming will...more

California Reintroduces Bill to Legalize Sports Betting

by Dan W. Goldfine, Harsh Parikh, Heidi McNeil Staudenmaier | Snell & Wilmer L.L.P. on 2/8/2013

For the second year in a row, the California State Legislature will consider Senate Bill 190 to legalize sports betting within the state. Last year’s Senate Bill 1390 passed in the California State Senate, but stalled in...more

Gaming Legal News - January 24, 2013 • Volume 6, Number 3

by Patrick Sullivan, Dennis J. Whittlesey | Dickinson Wright on 2/1/2013

In This Issue: - INDIAN COUNTRY AND OBAMA’S CHOICE FOR SECRETARY OF THE INTERIOR: In March, Ken Salazar will leave his well-appointed office at the helm of the Department of the Interior and return to Colorado,...more

Mineral Claims And The Duty To Consult In Yukon

by Brian Abraham | Dentons on 1/24/2013

On December 27, 2012, the Yukon Court of Appeal handed down its decision in Ross River Dena Council v Government of Yukon, 2012 YKCA 14. The decision related to an appeal of Mr. Justice Veale’s decision regarding the claim of...more

CFPB highlights collaboration with tribal governments

by Alan S. Kaplinsky | Ballard Spahr LLP on 1/3/2013

A recent CFPB blog post warning Native Americans receiving payments from the settlement in Cobell v. Salazar that they could be targeted by scammers also highlights the CFPB’s collaboration with tribal governments....more

Gaming Legal News - December 20, 2012 • Volume 5, Number 28

by Ryan M. Shannon, Patrick Sullivan, Dennis J. Whittlesey | Dickinson Wright on 12/24/2012

In This Issue: - Indian Gaming Issues To Watch In 2013 - Will The Ex Parte Young Doctrine Swallow Tribal Sovereign Immunity Whole? - Detroit Casinos’ November Revenues Decrease From Save Month Last Year: Michigan...more

The Department of the Interior Issues New Rules Regulating the Leasing of Tribal Lands

by Christopher P. Colyer, Craig R. McPike, Mark D. Ohre, Heidi McNeil Staudenmaier, James M. Susa, Joyce K. Wright | Snell & Wilmer L.L.P. on 12/10/2012

New regulations enacted by the U.S. Department of the Interior (DOI) applicable to tribal leases will have far reaching impacts on businesses, particularly renewable energy projects, utilizing tribal lands....more

Droit Autochtone – Ententes récentes entre le gouvernement du Québec et les peuples autochtones

by Heenan Blaikie LLP on 11/1/2012

Septembre 2012 — Une entente importante a été signée au cours de l’été entre le Gouvernement du Québec et les Cris relativement à la gouvernance du territoire de la Baie-James. ENTENTE SUR LA GOUVERNANCE DU TERRITOIRE...more

Doing Business with First Nations (presentation)

by Dentons on 10/16/2012

In this presentation, Stephen Lloyd discusses about the factors to take into consideration when doing Business with First Nations. ...more

US iGaming expansion

by Snell & Wilmer L.L.P. on 10/1/2012

Originally published in World Online Gambling Law Report - September 2012. IGaming Update - More than twenty five years ago, gaming in the United States faced a conundrum as Indian Tribes and States debated the legality...more

Gaming Legal News - September 27, 2012 • Volume 5, Number 20

by Dickinson Wright on 10/1/2012

In This Issue: - AT LONG LAST, TRIBAL i-GAMING IS ON! (WELL, SORT OF….) by Dennis J. Whittlesey: Over the past several years, a major topic of discussion at virtually every gaming conference in the United States...more

Tribal Gaming Enterprise Held Ineligible to File for Chapter 11

by Cadwalader - Financial Restructuring on 9/25/2012

Since the passage of the Indian Gaming Regulatory Act in 1988, casinos owned by Native American tribes have proliferated across tribal lands and have generated billions of dollars in revenue annually. While casinos such as...more

Aboriginal Law - Recent agreements between the Government of Quebec and Aboriginal People:

by Heenan Blaikie LLP on 9/21/2012

September 2012 — An important agreement between the Government of Quebec and the Crees was signed over the course of the summer regarding the governance of the James Bay Territory. AGREEMENT ON GOVERNANCE IN THE EEYOU...more

The Revised Equator Principles Call on Companies to Seek Free, Prior, and Informed Consent. Next up: Governments?

by Foley Hoag LLP - Corporate Social... on 9/10/2012

The new draft Equator Principles reflect and build upon the IFC Performance Standards’ requirement that companies obtain the free, prior, and informed consent ("FPIC") of indigenous peoples for development projects. This...more

Gaming Legal News - August 23, 2012 • Volume 5, Number 19

by Dickinson Wright on 8/29/2012

In This Issue: - TRIBAL CASINO BANKRUPTCIES – THE TRAIN IS LEAVING THE STATION by Dennis J. Whittlesey: There long has been a legal debate as to whether businesses owned and operated by Indian tribes could either...more

Gaming Legal News - July 25, 2012 • Volume 5, Number 18

by Dickinson Wright on 7/27/2012

In This Issue: - THE CARCIERI CHALLENGE: PROVING “UNDER FEDERAL JURISDICTION [AS OF 1934]” by Dennis J. Whittlesey: The June 18 Supreme Court ruling in Match-E-Be-Nash-She-Wish Band (“Gun Lake Band”) v. Patchak...more

Gaming Legal News - June 29 2012 • Volume 5, Number 16: The Gun Lake Decision: What Does It Mean For Indian Gaming?

by Dickinson Wright on 7/2/2012

By this time, everyone with an interest in gaming, is aware of last week’s U.S. Supreme Court decision rendered in the case of Match-EBe-Nash-She-Wish Band of Pottawatomi Indians v. Patchak. The Tribe is commonly known as the...more

Home

Legal News

Find a Lawyer

Browse Subjects

Subscribe

Pro Services

For Reporters

Indigenous Peoples › Commercial Law & Contracts