Legal Needs of Indian Tribes

As tribes continue to develop economic opportunity both on and off-reservation, business and commercial transactions associated with this effort become more complex.

Within the tribal context, the firm:

• Advises tribes and their entities on economic diversification, commercial operations, and business expansion.
• Structures and negotiates the sale of corporate interests.
• Identifies and develops financing vehicles for tribal projects and businesses.
• Drafts and reviews management and operating agreements.
• Provides a full range of services in documenting, negotiating, and structuring loans.
• Forms federally, state, and tribally chartered corporations, and other business entities.
• Forms joint ventures.
• Advises on insurance needs.
• Negotiates construction contracts for tribal development projects.

Roen Law regularly monitors and advises clients on developments and trends in Indian gaming, to include state negotiations, revenue sharing, the scope and definition of Class II and Class III gaming and Indian lands, federal oversight, internet gaming, and trust land acquisition and use.

The firm also:

• Negotiates and drafts gaming compacts and amendments to compacts.
• Drafts financing, operating, and construction contracts for casino projects, both on and off-reservation.
• Guides tribes and contractors through the management-contract-approval process;
• Obtains NIGC declination letters.
• Advises tribal gaming enterprises on licensing and enforcement matters.
• Drafts and revises tribal gaming ordinances and tribal gaming enterprise ordinances.
• Assists tribes with requests for “Indian lands” opinions under Section 20 of IGRA.
• Advises tribes on applicable tax exemptions.
• Drafts tribal internal-control regulations.
• Assists tribes in drafting, revising, and securing federal approval of gaming-revenue-allocation plans.
• Advises tribes on internet-gaming initiatives.

Roen Law works aggressively and tenaciously to advocate its clients’ legal positions to resolve disputes. The firm knows from experience, however, that the most comprehensive and cost effective dispute resolutions are often secured at the bargaining table, not the courthouse. Keeping that in mind, the firm works closely with its clients to analyze settlement strategies throughout all stages of litigation.

Roen Law has experience representing clients in tribal, federal, and state judicial and administrative forums, and sometimes in multiple forums at once.

Roen Law has broad experience in representing tribes and their entities in labor and employment matters, to include the development of tribal employment laws, procedures, and policies. The firm has prepared employee handbooks, Tribal Employment Rights Ordinances (“TEROs”), grievance procedures, drug testing policies, sexual harassment policies, and relevant training materials.

Roen Law also has extensive experience in the application of federal employment laws such as the Americans with Disabilities Act (“ADA”) and the Occupational Safety and Health Act (“OSHA”), and other federal labor laws and their impact on tribes and tribal organizations. The firm has established a successful record in employment matters in tribal courts and state courts, as well as with state and federal regulatory agencies.

Good tribal governance and strong laws go hand in hand. As a tribe grows and a community’s needs change, it is necessary to review tribal codes, ordinances, regulations, and procedures to ensure they meet the tribe’s needs. Roen Law is experienced in drafting, reviewing, and revising all types of tribal governing documents, including constitutions and bylaws.

The firm:

• Assists tribes in the drafting and administration of judicial codes, probate codes, civil and criminal codes, juvenile codes, and a variety of other laws.
• Develops trust and other benefit programs for tribal minors and adults.
• Assists tribes in negotiating and administering self-determination contracts.
• Develops tribal employment policies and procedures.
• Assists tribes in implementing business-licensing ordinances, natural resource regulations, zoning and building codes, ordinances governing tribal-business-enterprise development, and tribal membership.

Roen Law represents tribal schools and tribal school boards in all areas of the law, including student rights, employment, special education, the application of the Tribally Controlled Schools Act (“TCSA”) and other applicable federal laws, dealing with the Bureau of Indian Education (“BIE”) and other federal and state agencies, and litigation. The firm helps clients avoid liability through sound advice, the analysis and development of effective school policies, and training for school boards and administrators.

Roen Law works with tribally-controlled schools to ensure safe learning environments for Indian children, to include helping tribes seek adequate federal funding for the maintenance and repair of school buildings, as well as to push for the replacement of seriously deteriorated schools.