The Indian Gaming Regulatory Act secures the right of tribal governments to engage in gaming. This Firm provided legislative advocacy during the drafting of the IGRA and has an extensive background in IGRA implementation. Since IGRA's enactment, the Firm has helped tribal governments navigate the complex issues surrounding gaming so they can achieve their economic development goals.

CONTACT:
Jerry Straus, Joe Webster, Hans Walker, Jr., Michael Roy,
William Norman, Jr., Lee K. Shannon

Achievements and Actions

• Negotiated the first public financing of an Indian casino, the Mohegan Sun Casino

• Drafted per capita distribution plan for tribal gaming revenues for several tribes

• Filed comments on behalf of several clients on all proposed regulations regarding IGRA, including Secretarial on Procedures and Class II gaming definitions

• Obtained NIGC advisory opinion that Tab Force pulltab device is a valid Class II game, the first NIGC approved Class II aid for pulltabs

• Subsequently obtained favorable NIGC advisory opinions on Class II electronic bingo games (SDG Mystery Bingo and Rocket Games Fastkey Bingo)

• Co-counsel in Seminole Tribe v. Florida, the first IGRA case to reach the Supreme Court and, in related litigation with the State of Florida and the United States, successfully defeating an attempt by the State to bring an enforcement action against the tribe, and successfully advocating for a process by which Tribes could obtain Class III procedures from the Secretary

• Participated in successful effort to defeat Congressional attempts to tax tribal gaming revenues

• Prevented civil enforcement of criminal gaming laws against the Menominee Tribe

Typical Assignments

• Negotiate agreements between tribes and gaming developers

• Draft tribal revenue distribution plans

• Negotiate Tribal-State gaming compacts

• Provide advice on the legality of games under the IGRA

• Facilitate trust land acquisition

• Provide legislative monitoring and advocacy

• Provide advice on sovereign immunity and jurisdiction agreements

• Draft tribal gaming codes

• Provide representation in federal courts in both affirmative suits to enforce tribal contract or other rights and in defense of suits brought by state or federal governments

• Provide advice on federal and state approvals needed for gaming-related agreements

• Assist at both state and federal levels in obtaining approval of trust land acquisition

• Facilitate negotiation of NIGC approval of agreements and tribal codes

• Provide representation before the NIGC in regulatory compliance, enforcement actions

• Assist with Interior Department document approval of contracts, land transfers, NEPA

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