Doing Business with Indian Tribes and Tribal Enterprises

Native American Tribes and Nations are self-governing sovereigns that exist simultaneously within the United States, yet separate and apart from many Federal and State laws and institutions. This three-part course explores the unique legal and political status of the fastest-growing segment of the U.S. population - American Indians and Alaska Natives - and the 574 Federally recognized Tribes, Nations, Pueblos, and Rancherias to which many belong.

Part 3 of this 3 part course, "Doing Business with Indian Tribes and Tribal Enterprises," focuses on the growing importance of Tribes, and Tribally owned and operated commercial entities, to the United States economy. Roughly 100 million acres of land is controlled by Tribes, including several of the most natural resource-intensive portions of our country, and Native Nations are increasingly vital to the development of large-scale renewable energy generation and infrastructure. Tribally-owned gaming and resort properties produced nearly $28 billion in revenue in 2020 alone despite the COVID-19 pandemic. As with Federal and State Governments, Indian Tribes and their enterprises enjoy broad sovereign immunity protections, including when conducting business outside their Tribal homelands. Part III covers many of the nuts-and-bolts of engaging commercially with Tribes and Tribal entities, including how to negotiate enforceable contracts and other agreements; tips for financing Tribal transactions; addressing Tribal Employment Rights Ordinances (TERO) and other employment preferences for Tribal employees and contractors; Tribal civil regulatory and adjudicative jurisdiction; Tribal taxation; and ethical guidelines for promoting long-term business relationships.

Learning Objectives:

1. Learn about Tribes' and Tribal entities' inherent sovereign immunity as governments; how that immunity from suit may be waived as negotiated by the parties to a given commercial transaction; and how to obtain enforceable agreements with viable dispute resolution provisions
2. Gain perspective on Tribes' ability to regulate labor and employment and the scope of selected Federal laws impacting Tribal businesses
3. Learn more about Tribes' civil regulatory and adjudicative jurisdiction over non-Indians, as defined by the US Supreme Court, and implications for corporate structuring, taxation, and other issues
4. Get practical tips for negotiating effectively and ethically with Tribes and Tribally-owned entities, and for complying with all applicable legal and regulatory requirements once business deals are successfully completed