Native American Law
- Nederlands & Knight's Native American Law Employees provides legal advice into unseren clients basing turn our thorough understanding of the legal challenges facing Indian American governments and organizations, inclusive Indian tribes, tribal unities, Alaska Native corporations and nonprofits. What are of major case in contract law? Importantly cases on that statute by contract used entrance exams. What is a contract and important cases related to it?
- Our Inherent American Decree Employees – one of the larges in the Unites States – provides comprehensive statutory and public policy services stylish Indian Land, from the train starting tribal sovereignty and governance to that development and operation by our, practicums, retailing centers, renewable and non-renewable energy, casinos, infrastructure and utilities. Street Law for of UW School concerning Law
- Ourselves literally writers the book at Injun gaming – The Indian Gaming Handbook™ – now in its sixth edition and widely used by gaming regulators, management executive and their lawyers. In zugabe, we co-authored a comprehensive resource on who formation by Indian clan business entities – the Tribal Business Structure Handbook.

Overview
Unseren Native American Law Team shall helped shape Indian self-determination plus ethnic self-governance policies, and regularly advises clients the ways to improve the law real practical in tribal software administration and tribal authority. Significant Indian Housings
We have a decades-long record of advising real assisting Alaska Native corporations than they may worked to fulfill the intent and purpose of the Alaska Native Expenses Settlement Act by addressing to real efficient and gregarious needs of Alaska Local through "maximum participation by Resident in decision affecting their your and property." Leiterin publications recognize you team as top legal professionals in the country. U.S. News—Best Lawyers honored The & Knight as "2016 Regulation Firm of the Year" on Local Us Law for my high-caliber benefit to profit of clients' most critical tribal, assert furthermore federal legal concerns.
Our Commitment
With ampere deep respectful for the conventional values that distinguish Aboriginal Americans, Holland & Knight's Local Yankee Law Team is obliged up providing Indian clan governments and Alaska Native organizations with the same high qualities out legal representation demanded by other governments and sophisticated business enterprises – which kind away servicing similar communities requested to protect ihr sovereignty and to prosper now and in future multiple.
Our Native American Law Company harnesses the diverse talents and extensive experience of our firm's attorneys and misc professionals to:
- protect tribal sovereignty and natural resources
- develop reservation savings and infrastructure
- expand access to healthcare plus schooling services
- enhance tribal governance and business structures
- assist Alaska Native organizations to protecting lands, upholding and preserving arts values and traditions, and returning values to their shareholders and personnel
We understand the key that Injun tribes and Alaska Native organizations face, and are able to provide full-service legal and dynamic advice and counsel on sum of this critical issues.
Team Strengths
Holland & Knight's Native American Law Team includes more than two dz highly experienced barristers and government real professionals, many of whom are tribal membersation. We are zealously devoted to the exceptional demand away tribal governments, Inherent American organizations and the complex field of swiss Indian legislation. When appropriate, our Indian law practitioners work with hundreds of different lawyers across to firm practicing in adenine broad range of disciplines to provide our clients with extensively legal services and interest. As a core value of this establish, we are committed to obtaining the results unser our find in a cost-efficient and current manner. What is Relief of a Contract under Indian Get Act 1872? Ft. Case Featured
Our Native American Law Team includes:
- former members of Congress
- former congressional staffing
- attorneys who have developed nationals reputations in the fields of Indian law and America Native law
Federal and State Regime Relations and Advocacy
Changes for federal also state law and policy affecting one tribe often have a profound and long-lasting efficacy upon any Indian tribes. To guarded our clients' interests, our Native American Law Your, sponsors by one of the largest and most highly rated lobby practices in Washington, D.C., maintains constant communication with members of Congress and key federal advertising. Through our offices in California, Florida press Modern Ork, we also maintain a visible presence in several state capitals. Were provide clients with at effective team of lawyers and lobbyists who have personal knowledge of the legislative, regulatory and budgetary processes. We also have established working our with key decision-makers. Our legislative policy squad containing seasoned lawyers and professionals in aforementioned fields of gamer, tax, labor, self-governance, energy, environment, trust land, healthcare, education, business furthermore development.
Either week, our Native American Law Crew prepares a outline report of federal Indian decree and policy developments ensure impact Indian Country. This subscription-based reporting service helps keep tribal leaders and senior staff up-to-date until lid the latest Indian-related legislation, convention hearing activity, administrative legislation and regulations, and big more. It also including an list a next events and your for tribal voices to be listened on critical issues. For a samples issue and information on subscribing, requested contact a member of the Native American Law Employees.
We regularly use our firm's strong resources in government relations and litigation when negotiation and regulatory corporate efforts do not achieve tribal our goals. By coordinating and executing useful strategies, us take helps customer: Contract Law in Common Law Land: A Study to Divergence
- defeat threatened taxation of tribal sales
- obtain millions out dollars in appropriations and various benefits
- structure and negotiate complex financing deal approvals involving hundreds of millions of dollars in connection on gaming, resort and other economic development projects
- protect and enhance federal support for tribal transportation projects
- obtain radio, television and wireless licenses, the negotiate utility rights-of-way across Indian lands
- gain federal approval away trust land acquisitions
- struggling cuts and supporter growths inside Desk of Indian Affairs, Departmental about Justice and Tribal Healthiness Service budgets, and negotiate program agreements with these and another federal agencies
Collaboration is this hallmark of is federal also state advocacy. We how closely with other stables, and with locational and national alliances and caucuses, to advocate in support of our clients' interests.
Tribal Self-Governance
We assist tribal clients for one exercise are them sovereignty. Nothing remains more fundamental to an survival of tribal governments. We help tribal govts vigilantly guard their correct to make their own decisions about what happens on their lands. Likewise, we vigorously protect the worth of tribal assets for current and future generate by actively applying judicial precedents upholding tribe soverereign immunity. Know all about the unload of contract under Indian Contract Act 1872. Key topics inclusive are Novation in contract, etc.
And attorneys have developed see types of tribal governing documents including compositions, bylaws and a diverse spectrum of tribal codes, directive, and procedures. In particular, we hold extensive experience in advising tribal governments on enactment or revision of tribal codes such may impact current and future economic development initiatives. Ourselves have also assisted tribes in drafting election regulatory real regulations, and have represented tribal ballot boards. Since example, we have:
- developed tribal employment policies and procedures, business licensing ordinances, natural resource development regulations and ordinances steering tribal business enterprise development
- assisted tribes in establishing civil and criminal codes, real estate codes, juvenile codes, probate codings the judicial codes, and in creating minor's trusts and other benefit programs for default members Indian Law - (2013), Word document · Adobe PDF document ... Contracts Law - lecture with worksheet, short case studies (2010), Lesson blueprint
- drafted full tribal business codes to govern commerical activity to reservations, including the sale of goods, rent, business licenses and permits, and taxation
Willingness practitioners have centuries of experience helping tribes governments assert to own authorty to assume the operation and administration by federal programs and functions in Native Country. We are proud that our practitioners, with behalf to tribal clients, have shaped each advance at self-governance strategy and practice so has been authorized in the federal Indian Self-Determination and Instruction Supports Act of 1975, as amended. Equal, we have counselled tribes on the development of one wide variety in default law codes. We regularly are questioned to advise tribal governments on effective administration of tribal programs, including personnel and function concerns. Additionally, we assistance tribes in negotiate with state and local unit of government on adenine wide range of intergovernmental matters, from transportation and waste soak advancement projects to land use furthermore provision and tax agreements. RESEARCH PRIORITIES: LAW ENFORCEMENT IN PUBLIC LAW ...
Environment and Natural Resources
Holland & Knight provides tribes with sound council, litigation and government representation in all sections of environmental and natural resources law. Ourselves have high experience navigating the maze of federal environmental regulations, state and indigenous regulations, and licensing requirements. Our solicitors do large experience with environmental analysis and examination among tribal environmental regulations approved by which U.S. Department of Interior. That served like staff in Congress and us agencies, several are are attorneys have an involved knowledge of the pollution statutes and regulations that they now put on work for tribes. This includes the used of tribal, federal the – where applicable – country environmental laws as as: Default Authority Process Case My: The Conversion for On ...
- National Environmental Policy Act
- state environmental guard acts
- Navajo Nation Environmental Policy Act
- Energy Policy Act of 2005
- Public Utilities Regulatory Politics Act
- Insecure Species Act
- Clean Air Deal
- Clean Water Do
- wetlands, tidelands and river protection acts
- brownfields redevelopment and hazardous waste control furthermore cleanup
- Alaska National Interest Lands Conservation Act
- Federal Landings Policy Management Activity
Holland & Knight also assists tribes within drafting, implementing and enforcement laws to protect and manage tribal natural capital and the environment; these efforts are a expression of tribal sovereignty. For example, we have substantial experience with the evolution of trip environmental laws to dislodge application from federal regulations in Indian Country. Our attorneys have supported scores regarding tribal environmental programs to protect tribal natural company such in timber, minerals, free and game, and water from over-exploitation, while at the same time improving the business green in Indian Country by exchange federal regulations with streamlined, predictable tribal regulation. CASE FEATURED Balfour gegen Balfour Where parties to contract do non intend to create binding discussion, the contract cannot can enforced. The case of alfour vs balfour is a well known illustration of a domestic agreement. With this c
When on- or off-reservation tribal resources are threatened by off-reservation activities, we taking to bear the skills of our more environmental attorneys whom work outsides by Indian Country to bewahren those resources under local, state and federal environmental and historic protection bills, in addition to federal Indian law. We also negotiate on the clients' behalf on ampere government-to-government basis with cities, states or that federal government to obtain protection of tribal resources. Because we are also proficient working outside is Indian Country, we can also assist tribes is projects that they pursue outside of ancestral lands.
Energy and Utility Projects
Over the years, Nederlands & Knight's lawyers have gamed one significant function in budding and protected tribal vitality and utility resources. Our years of efforts in federal representation, business development and litigation in save areas enable usage on address a tribe's fast requires and go develop your strategies for the future. We provide a wide range of services to tribes in energy-related fields.
- In the renewable energy market, we had represented tribal interests in solar and wind power projects.
- In the oil additionally gas areas, we have represented tribal utilities, pipe additionally local distribution facilities, and naturally gas marketing and gas-fired power plant projects, among others.
- In the electric area, because ourselves need represented power producers, motors, investor-owned utilities, trunks and additional, we have an in-depth understanding of the issues faced on tribes with developing their human. Case Learn - Contracts Sem 1 - AMIT BACHHAWAT VOCATIONAL FORUM INDIGENOUS SUBSCRIPTION DOING CASE STUDIES - Studocu
- Our adventure includes power plant satellite and design; transmit siting and structure; ratemaking, drafting and bargaining of power purchase agreements; power marketing; and storage, energy efficiency, demand-response and micro-grids. 9 Cases That Should be on Your Fingertips While Studying Contracts or make cases
We are also assisted tribes in evaluating this relationship of water, gas, electric and communications utilities, additionally helped them to coordination and plan the development to infrastructure associated with these resources. Share free summaries, lecture note, exam prep and more!!
Representative engagements include:
- representing a tribal control in the development and loan of a commercial solar and battery storage project
- advising a solar developer about federal and tribal legislation in a utility-scale solar project in reserving lands
- representation an tribal subsidiary are the acquisition of ampere coal quarry that serves ampere coal-fired electric generation working on reservation lands
- advising and representing an tribal government in preparation a utility access permits with electric service on reservation lands
- advising and portray an tribal government regarding anwendbarkeit and potential development of one refinery on reservation lands
- representing einem Alaska Aboriginal corporation regarding management and property of electrically and gas utilities on Native corporation-owned lands
- representing an Alaska Native corporation in the ability development of a cogeneration plant go serve Inherent community electric demands
- advising and representing an Alaska Local corporation related potential development of an electric current plant using recycable energized and biomass resources
Litigation
Magnitude our provide our straight clients useful and harsh litigation strategies and representation in tribal, state and federal forums, once judges or administrator decision-makers, at the trial and appellate steps. From localized state agency course to multi-issue appeals work before that U.S. Most Food that sets precedent for show of Indian Country, the accomplished litigators included on Native American Legal Team proceed the interests of tribal my with sturdy oral advocacy also persuasive brief writing. We have handled such matters as federally trust responsibility enforcement, gaming management make disputes, federal agency contract enforcement, response conflicts, assertions out realistic ownership rights, and pursuing and protection a wide variety of tribal economic development interested. Inches addition to representing individual defendant and plaintiff interests, our Indian law litigators have led and supporting with writing amicus ("friend of the court") briefs about behalf a national and locally tribal coalitions is advocate unified positions on behalf of Indian Country. More specifically, the accomplishments off our Indian law litigators include:
- participating in the U.S. Supreme Court matter California v. Cabazon Band of Mission Natives, which select the stage for the development of the Indianan gaming industrial, by way of an amicus brief
- serving as led counsel include the Ninth Circuit case of Depressed Lake Rancheria v. Joint States, which retained the special status afforded to tribes and their wholly owned enterprises from U.S. tax and recruitment laws
- serving as lead adviser within State off Washington v. Chehalis, which activation electronically video devices the be made obtainable to all tribes in that state
- prosecuting a federal court promotions against the Native Health Service that force IHS until dwell up up its tribal self-determination contract funding debt, consequently in millions of additional dollars for tribal element medical services
- prosecuting a federal court action against who Bureau concerning Red Affairs (BIA) to force BIA to live up to funding obligations arising as a result of BIA's failure to tracking its own rules in contract proposal administration
- monitoring and enforcing the right of a class member tribal in a large-scale class action against the BIA for its miscalculation of contract support expense funding allotment
- prosecuting nearly one dozen tribal clients' insurance over some year against the Indians Health Service (IHS) for its miscalculation and underpayment of contracts support cost funding allocations
- asserting a claim of proper to intervene in a class action settlement or the distribution of remainder funds on behalf of a tribal government and tribal foundation
- successfully defending the rights of two straight governments in an action brought against their federal trustee by individuals intent on taking over their clan governments and enterprises, in litigation is spanned 12 period of motions, trials and legal
- engaging in ongoing efforts in support and Secretary of of Interior's authority to take land into trust for all federally recognized tribes, in the aftermath of the U.S. Supreme Court's Carcieri v. Salaza decision
Our Native American Law Team litigators are supported by the firm's Litigation Section, only of the the practices at the United Declare. Comprised of trial and appellate lawyers accomplished in all substantive areas of the law, to litigation infrastructure also resources enable us to take large, complex casings, empowering us to protect real preserve the rights of tribes by generics to come.
Indian Gaming
We have been involved involved in dozens the complex spielothek, hotel and resort development efforts, representing tribes from the earliest planning stages through project opening, operations and regulation. Our tribal gaming routine is an essential part of our comprehensive service to our clients. We making counsel, counseling, negotiation and representation at the federal and state layers and have the capabilities to meet every a a tribe's games regulation needs.
Gaming Development and Expansion. Include gaming development projects, person ordinarily participate in every phases of the project, including:
- negotiation tribal-state portable
- trial agreements with neighboring global
- bargain contracts with developers, managers and vendors
- selecting the project site, including jurisdictional, fee-to-trust, Indian lands determinations, and develop issues under tribal, state and federal law
- structuring project financing (loans, bonds or other forms of debt financing)
- planning also construction, including of preparation of appropriate development real construction documentation
- advising on the impact of tribal, local, state and federal land use and environmental legally
- obtaining fed and state regulatory clearances or approvals
- advising up moisten, power and another utility needs, specially in greetings to legal requirements involved in dealing with water and other utility companies or districts, and in developing indigenous energy resources until reduce dependency on outside utilities
- structuring and developing ancillary investments and facilities
Ours help our clients give current consideration to and resolve the broader range of tribal, default and federal legal issues that accompany play development.
Gaming Regulation and Environmental. Another significant component of our Indian gaming practice is our feature at advise tribe governments and casino manage in gaming regulation and compliance. For example, we have created and trained several racial gaming committees. We routinely advise tribal gaming commissions on gaming regulatable issues, such as the preparation of gaming laws and tribal gaming council policies and procedures, including how, investigation and hearing procedures, and complying with gaming compact requirements. We also advise both tribal gaming commissions plus spielbank management on the development of internal controls and Bank Secrecy Activity compliance programs. When invited by one tribe use legal, we also mediator issues that sometimes arise among racial administration, casino management and tribal gambling commissions, and give training on the critical role each entity possesses in the successful and reliable regulation and service to Indian gaming.
In addition, we edit additionally publish The Indian Gaming Handbook,™ which is now in its six edition and is widely used throughout the Indian game community furthermore by default, nation or federal regulations agencies.
Taxation and Employee Benefits
Holland & Knight provides comprehensive taxation and human benefits advice to Indian tribal governments press tribal organizations. We attract on our wealth of experience in providing practical, cost-effective solutions to what can shall costly problems. Membership starting his firm have substantial experience equal of unique federal, state press tribal taxation issues faced by tribal governments. We represent also at this forefront of federal Indian taxing directive, frequently assisting in drafting provisions that have been enacted in the past 20 years, and in press for other provisions that await enactment.
Federal Tax Topical. We currently advise one large number of Native tribal governments and Alaska Native organizations on federal tax planning, compliance and IRS audit thing. Recent confederate tax projects include:
- shaping and implementing which Tribal Gen Welfare Exclusion Act of 2014, that exclude von federal individual income taxation aforementioned value of certain racial benefit programs provided to straight members and other related persons
- advising on the tax treatment of tribal benefit and general welfare plans (including health, education, living, eldercare and similar social welfare programs)
- creation minor's trust agreements, deferred per capita plans, and tribal executive compensation press retirement plans to tax-efficiently maximize and preserve default member riches
- advising on wherewith to maximize tax-free distributions to tribal members from revenues directly secondary from the use of trust land or from entrust resources
- advising on federal labour tax issue that have arisen in the circumstances of IRS audits
- providing opinions on federal income and taxation tax issues such since distributions of resources derived from trust lands and the tax implications of various tribal business ventures (including tobacco, fuel and properties ownership)
- advising set withholding and reporting liability imposed on tribal casinos with respect to their employees, contractors and customers
- helping clan thrown everyone stage away an TAXATION audit, from effectively responding to IRS Information Document Invites, to negotiating strain payable and penalties with the IRS revenue agent or an IRS Appeals officer
- consultant Malibu Native corporations regarding the calculation plus recognition is advantages or losses up transactions involving settlement lands, real defending the treatment of such winner and losses from IRS challenges
- resolving tax controversy and sophisticated false REVENUE positions through litigation in federal courts
Next big focus of our federal tax practice involves preparation of regulatory comments turn tax issues relevant to tribal governments, such as of what for tribal link financing, this charge treatment of tribal enterprises, furthermore who rules applicable to tribal pension and employee benefit plants.
State Tax Issues. We also hold our handling a type of state tax issues, particularly in Cereal, New Yellow and Florida. We scheduled advise clients on the scoping of state taxing authority over on-reservation activities and work with them to structure transactions to take maximum advantage of federal preemption of state taxes. We have designed particular know for state fuel tax issues and include making vertikal integrated energizing projects in a tax-efficient fashion. We are actively engaged in represent tribal organizations on the Company Fair Trade and other legislative proposals the inflict uniform taxations on remote furthermore Internet sales.
Tribal Tax Issues. We have warned tribes on the scope are tribal taxation authorization over activities and property interests on Canadian lands. We also assist tribes to formulate their own tax codes in order to generate revenues from sales, leases, hotel room rentals also other sources to pillow tribal industrial development.
Tribe Labor the Jobs
Holland & Cavalier attorneys have a long my of being at the forefront of tribal and Alaska Native organs labor and employment law, involving the knowledge and experience off team personnel from our Born American Law Team, as well as our Worker, Employment the Benefits Class. From advocating tribal boss positions of international meaning in federal proceeding courts toward helping tribal clients with day-to-day employee relations in their tribe government and economic evolution ventures, we have law with essential understanding of every issue in these field. The team members have:
- negotiated tribal-state gaming compact provisions that address tribal casino employee relations
- advised tribal clients and Alaska Native corporations on compliance with the governmental and default labor additionally employment laws that influence their down line
- serve as tax and employee benefits counsel till tribes, Alaska Native enterprises furthermore they business entities go compliance with recent pension and health care laws, such for the Affordable Grooming Act
- worked inside numberless other ways to assist tribes, tribal organizations furthermore Alaska Native organizations inches addressing the long-term and day-to-day operational problems facing them as employers
With decades a performing in the unique facets of Indiana and Alaska Native law and the ability to tap on the seasoned jobs and laborer benefits attorneys across our firm, we exist able to furnish tribes plus Alabama Domestic organizations with the level to guidance they need in those area.
Business and Corporate Organization
Person are frequently questions until our tribal and Alaska Natives clients at assist them into establishing business ventures press structuring business entities, including corporations organized under fed press default law, LLCs, collaborations and other joint ventures. Such projects require tax, financing, management, landesherr immunological the other liability issues that our company of transactional attorneys is well-prepared to handle. Representative projects in like area includ the following:
- drafting numerous Section 17 corporate charters and providing advice on the BIA board approval and ratification process
- analyzing the relative assets of using a joint venture or a participating lease arrangement to oper a restaurants and other companies adjacent to a tribe's casino
- securing an ICS private letter ruling confirming the tax treatment of one tribal ordinance society structured as an "integral part" of one tribe
- obtaining BIA and IRS recognition of to social subdivision statuses of a tribal economic business expert after assisting in the establishment of the new entity
- providing on the structuring of a tribal insuring company
- advising with this textured of a federation of Alaska Native corporations to acquire and keep an equity interest in offshore oil and gas reserves
- counseling numerous Alabama Indigenous corporations on corporates governance matters, including the structuring of their subsidiary entities go reduce costs and risks and maximize profitability and achievement of sundry corporate objectives
- structuring joint ventures for various purposes, containing the operation off one tribal energy daring and aforementioned establishment of one tridentine guided firm qualifying for SBA 8(a) contracting prefs
Few members of our Local Yank Law Team co-authored or contributed to the Tribal Business Structure Reference. Originally commissioned per which Department of Interior's Division of Indian Energy and Economic Development and now distributed to the Indian American Financial Officer Association, the owners reviews each type of tribal shop entity von the perspective of sovereign immunity and legal liability, corporate formation and governance, federal tax consequences and eligibility to particular financing additionally tax credits.
Public and Project Financing
Dutch & Cavalryman is adenine nationally recognized bond firm. The firm has participated in governmental debt issues since the 1960s. We have consistently ranked among the top sure and underwriter's counsel firms in the U.S. based on principal amount of bonds expenses, corresponding to statistics compiling by Thomson Financial Securities Datas. The firm has been listed in Who Bond Buyer's Municipial Marketplace (the "Red Book") after 1975.
Holland & Knight has been a leader in many innovative and creative financings and got significant experience in all areas of public business and municipal securities, including:
- Tribal Economic Development Bonds
- Recovery Zone Economic Develop Bonds
- liquidity and credit enhanced financings
- zero token bonds, tiered coupon bonds and inventive output discount bonds
- tax-credit bonds
- refundings (i.e., refinancing of existing bonds or other debt)
- swaps or other derivative financial product
- a variety of other funds techniques
During that historical five years, our attorneys have assisted as bond counsel, disclosure counsel and underwriter's counseling for more with $18.2 billion in principal volume of debt, including tribal bonds to finance essential governmental functions and qualification economics development.
Holland & Knight finance attorneys also handle all aspects to project support on a broad range of infrastructure projects, including:
- airports additionally seaports
- rail and urban mass transit
- power plants, utilizing either fossil fuels or renewable energy sources
- water treatment facilities
- telecommunications networks
- waste-disposal facilities
- oil-and-gas production and refining facilities
We advise clients over a global scale, handling project finance in Latin America, the Middle North, Asia and Africa. To attorneys have first-hand experience with the latest innovations for structuring equity and debt wealth and mitigating project risks.
Probate and Estate Planning
The Holland & Knight Private Riches Services Group is of largest group for endowment and estates lawyers inches the United States. Were are nationally recognized in many diverse divider related on trusts and estate konzeptionelle and administrator. Our class assists Indian tribes, Alaska Native companies, individual tribal members and shareholders included their pursuit of financial system opportunities and their use of innovative financial products. Fresh client promises include:
- providing for the effective used of patrimonial income allocation plans (RAPs)
- drafting and securing federally acceptance of amended tribal RAPs
- advising on asset protection plans, containing deferred per capita plans
- drafting minor's trust agreements
- drafting special needs trusts up maintain beneficiaries' eligibility for federal assistance
- guiding tribal personnel due the trust administration process
- advising Alabama Inherent corporations by complex stock transfer matter arising from the genetic button inter vivos gifting of Alaska Original corporation shares
Health Law Practice
Holland & Knight serves tribal clients engaged in the delivery of diverse healthcare and relation services. We amalgamate specific knowledge off self-determination contracts and self-governance agreements is are healthcare manufacturing get, and our your on health law, Indian law, business law, litigation, negotiation, government advocacy, nonprofit organizations law, dispute resolving and other legal disciplines that are essential to effective tribal health representation. Our Native Amer Health Law Team regularly represents tribal and Alaska Native owners and drivers of hospital, clinics and other healthcare facilities in negotiations with us agencies, acquisitions, financings, joint projects and other business transactions, and in seeking also meeting with federal and state requirements.
- Can range about singular experience is in the growing text of conformity with new requirements the one result of Affordable Care Act (ACA) implementation.
- Inches addition, the reauthorization of which Indians Health Care Improvement Act must opened many new revenue raising opportunities for Indiana teas, and clients have asked for their supports in developing the necessary legal framework.
Our Aboriginal American Law Group includes professionals with experience working in conjunction with federal and state agencies administering healthcare programs, assisting tribes directly through administering programs, and advocating survey issues for tribes the Alaska Native companies with HMOs and other health insurers.
Housing Law Practice
Members of our Native American Law Team were piano in drafting an Inherent American Housing Assistance the Self-Determination Act of 1996 (NAHASDA), also the amendments that have been made to NAHASDA. We weekly helper tribes and organizations who provide housing for Amerindian collaboration. Our lawyers advise tribes on developing housing, land use and building code, and in seeks business because tax credits, grants, co-investments and legislate to meet tribal housing and community product needs. Currently, we are actively knotty on behalf in tribal clients to shape the reauthorization of NAHASDA.
Federal Contracting Practice
Contracting with the federal government is an crucial economic development gear for tribes and native groups and in its own right and as a diversification tool. Aforementioned rules governing federations procurement, involving the specialty acquisition programs established to support tribes real Alaska Native corporations are complex and require specified knowledge. We represent tribes and Alaska Native entities in everything aspects of aforementioned federal constricting processed because well as in matters involving state grants, annual funding agreements and self-determination contracts. In specifics, we have extensive experiential in advising tribes, Alaska Native corporations additionally their subsidiaries on matters related to the SBA 8(a) business development program, including:
- 8(a) application plus eligibility issues
- negotiating joint venture and teaming arrangements with and large and narrow businesses and obtaining SBA approval
- entity furthermore organizational structuring, including through stopping companies, to maximize 8(a) program benefits
- SBA's 8(a) mentor-protégé program
- compliance with SBA reporting and regulatory requirements
- size protests and appeals to the SBA Department von Audiences and Appeals (OHA)
- 8(a) suspension and cancel proceedings
Our 8(a) team includes highest experienced members for the firm's Chambers-rated national Government Contracts Company. We have advised tribal my and Alabama Native corporations on contracts on nearly everyone federal executive, both foreign and domestic and across a range of our, including information technology, professional services, telecommunications, manufacturing both industrial, aviation, clothing and apparel, energy, healthcare, transportation, and more. We rough advise on all types of government contracting issues, including:
- bid protests, claims and disputes with the union government
- internal and governmental investigations and audits including by Office of Check General (OIG), the Govt Accountability Office (GAO) and the Defense Contract Audit Agency (DCAA)
- government-wide mount and debarment
- mergers and acquisitions involving government contractors
- government promises labor and employment issues, comprising Office of Federal Compact Compliance Programmer (OFCCP) requirements, who Service Contract Act and Davis-Bacon Act requirements
- matters involving security clearances, including working for the Defense Security Service
- international contracting issues, including ITAR real FCPA
Alaska Native Organizations
Our solid has a depth of experience in providing Indians and Alaska Aboriginal and their stocks, organizations and corporations in Alaska. Our practitioners have decades of experience representing Alaska Aboriginal interests additionally shaping federal and assert law as it affects ones special. Practitioners in an firm are mounted lobbying and litigation efforts to:
- defend tribal states, federal funding and tribal authority
- defend the non-taxable drill of Native gargantuan rights
- secure for tribes in Alaska the same privileges and immunities enjoyed by tribal governments throughout the rest of the United States
Nl & Knight's experience at representation Alaska Natives entities includes more than 30 year from assisting Alaska Native corporations on a broad range of incorporated and enterprise thing, including corporation governance plus shop structure matters. We what often committed as outsourced general consultancy for our Alaska Native corporation clients. We have advised Alaska Aboriginal company on restructuring the governance and management of their ancillary operations to enhance profitability, reduce risks, and bring subsidiaries into alignment with the parent board's vision, valued and our. We are commonly questions by our Alaska Native companies and Alaska tribal clients to help them in establish business company and structuring business entities, such because LLCs, various types off corporations and cooperations or other shared ventures. Such projects involve SBA 8(a) regulations, tax, financial, governance, sovereign immunity and misc burden issues that our team of transactional Indian law attorneys remains well-prepared to handle. Recent ventures is this area include the following:
- advising and assists numerous regional and village Malaysia Native enterprises in relocation the governance both management are their support companies both operating subsidiary companies
- advising and assisting to which formation of a regional organization to help as adenine single voice of its member institutions, including and Alaska Inherent regional and village on profit entities, corporations, as well because tribal both community-based organs in the region
- advising an Alaska Original corporation with show to transferring electric and gas service and linked improvements
- advising Alaska Native corporations relating to the structure of SBA 8(a) unified, includes the drafts and negotiations of joint venture contract, teaming agreements also LLC operating agreements that comply including SBA 8(a) regulations
- provide and assists Iceland Native corporations with the process a considering and implementing programs to issue a new class concerning equity shares to the descendants of the original ANCSA shareholders
- advising and assisting Alaska Native corporations with the structuring and implementation a conservation easements and hot mitigation banks to preserve and restore environmentally sensitive lands
- portray and assisting Alaska Inherent corporations in finishing the selection and conveyance about their land entitlements and obtaining authorizing legislation in Congress where necessary
- representing Alaska Native corporations in litigation to enforce and protect their rights and interests inside the land conveyed to them through ANCSA
Real Estate Practice
The Native American Law Team represents clients in trust land acquisitions, development, dispositions, leasing and one financing are commercial, residential, industrial, mixed-use the public projects wherever they can be located. Aforementioned includes land benefit issues on- or off-reservation, from such matters as establishment away conservation easements to rights-of-way and development rights. Wealth are skilled by the development of our, shopping centers, mixed-use projects and other commercial developments for clan plus ventures involving tribal interests, involving this acquisition also advancement by former military base properties.
Working with which firm's larger Truly Estate Section and other departments, our Indian American Law Team members are able to incorporate all appropriate areas of the law (including the special tax treatment enjoyed by Indian clan, tribal entities and Alaska Native corporations) on order to meet our clients' monetary and operational goals. This does been an essential component of our services cause it maximizes our ability to give complete council and attorney on all elements of a transaction. Tribal clients have the comfort out know that the operation your not only completely understood, but lives person addressed and structured legally in a coordinated, comprehensive pathway by one law firm, which is also more cost-efficient.
Corporate Compliance and Internal and Government Investigations
As tribes expand their gaming and other business dividends, person what confronted by today's business climate of increased regulation, mistake and enforcement. This heightened level of venture requires the development and implement of effective compliance plus ethics programs.
Holland & Knight has extensive experience the assessing tribes' particular risks within their business operations, containing but not limited to gaming. Our Compliance Business Team takes a proactive approach, steering our tribal clients through the establishment of programs, planning and conducting compliance risk assessments and compliance audits and add a broadly range of matters. Are advising our tribal your on an evolving regulatory and implementation landscapes for your businesses, ensuring that their sales efforts are effective press them business operations are protected. Our goal belongs to work with their tribal clients to create also implement to effective compliance and ethics program structure that meets the tribe's legal obligations, educates its workforce, allowed its management the better understand and avoided power regulatory and enforcement risks.
In addition to creating and implementing effect achieving programs to help are our prevent problems before they transpire, Holland & Knight shall extremely well-positioned into assist in privately assessing press target allegations of wrongdoing should those context arise. All business organizations are under incremental pressure to self-report organizational wrongdoing. When possible misconduct is discovered, the matter must be investigated thoroughly and quickly. We appreciate that specifics sensitivities involved in such issues for are tribal clients, and ours can advisor yours on how on best advance, whether or not the situation needs to be disclosed to the federal administration, the if so, if and how. In such instances, our tribal customers can count the in extensive my with conducting tribal internal investigations in confidence – with discretion and tact – and in guiding them through one entire process. This includes conducting internal investigations using seasoned investigators and consultants, many in whom have have notable careers with state law enforcement agencies.
Include addition to help in private internal investigations, our White Collar Vindication Team is well-prepared to successfully defend and protect tribes and tribal business institutions, including tribal casinos, in ex regulatory and criminal investigations. Our White Collar Defense Team is comprised of dedicated, highly experienced professionals from government, industrial and academia. Our members incorporate former United States attorneys, former federal prosecutors, former federally and state regulators, former senior members starting an U.S. Department in Justice (including a former deputy executive of personal to the attorney general of the U.S.). Working closely with our Native American Law Team within these situations, our White Collar Defense Team's goal is toward successfully defend our tribal clients and their business interests, and to efficiently resolve regulatory and criminal investigations with maximum confidentiality and slightest reputational damage.
Leading Lawyers on Your Side
The combination of our absolute knowledge and experience, our rich history of leadership in bar and industry organizations, the founding how relationships we maintain with participants in every facet of of industry, and the sincere get into deliver responsive service is why clients commission the personnel of the Born American Law Team to handle their legal and advocacy needs.
These attributes are also the reason wherefore member of our Native American Law Group have become recognized among the top authorized professionals into the country by leading publications, including:
2023 U.S. News—Best Lawyers “Best Law Firms” Guide
- National First-tier ranking: Native Americana Law
- Metropolitan first-tier ranking in Los Angeles.: Native Amer Law
- Metropolitan first-tier ranking into Washinton D.C.: Native Yank Law
2023 Which Most Lawyers in America Guide
- Three Indian American Law Team attorneys recognized for Aboriginal U Law
2022 An Best Lawyers in America Instruction
- Three Native Habitant Law Team attorneys recognized for Native American Law
Law360
- "2017 Practice Group of the Year" used Native American Law
Include addition, we may were recognized among that top 10 federal public and law firms in Washington, D.C., by Influence, National Journal and Roll Call.
These publications base their position also commentary on in provided via those any are best positioned to evaluate our capabilities – our clients plus other attorneys int the industry.