We deliver creative strategies and decisive practical guidance and counseling to work through sophisticated transactions and resolve complex disputes concerning economic development, sovereignty and gaming initiatives.
The laws and policies that govern American Indian tribes, tribal gaming and tribal businesses are complex and continually evolving. We use a collaborative cross-practice approach, staying abreast of legislation, lobbying efforts, energy developments and significant cases impacting Indian Nations so that we can sense ahead while working closely with clients on tactical decisions to keep the focus on the desired outcome. We are recognized by Chambers USA: America’s Leading Lawyers for Business for having a nationally-ranked Indian law practice, and because we bring a profound understanding of Indian law to a variety of clients and engagements. We represent tribes, individual tribal officers, non-tribal entities that do business with tribes and municipalities that interact with tribes on regulatory and governance issues. No matter who the client is, we can draw on two decades of experience handling some of the most sophisticated Indian law matters in the country.
Oneida Land Claim—We represented the counties and obtained summary judgment dismissing the claims (which was affirmed by the Second Circuit Court of Appeals).
Oneida Settlement Agreement—We represented the counties in a historic multi-party settlement that resolved all outstanding jurisdictional, taxing,and regulatory disputes, including land-into-trust litigation.
We represent counties and several towns (and one village) in defending against claims by the Stockbridge-Munsee Band of Mohican Indians that they have been unlawfully excluded from their reservation in central New York. The claims were dismissed on summary judgment and the Tribe has appealed that ruling to the Second Circuit.
Mishewal Wappo Restoration Claim—We represent the counties in an action seeking restoration of federal tribal recognition and the taking of lands into trust.
Taunton Daily Gazette | April 28, 2017
Rochester commercial litigation partner David Tennant is quoted in this article about the next steps in the Mashpee Wampanoag Tribe’s endeavors to build a casino in Taunton, MA.
Taunton Gazette | April 03, 2017
This article focuses on a U.S. Supreme Court decision affirming that it is in the federal government’s authority to take land into trust for another tribe. The article references a case in Massachusetts about the Mashpee Tribe’s attempt to build a casino there. Rochester commercial litigation partner David Tennant, who represents residents who are challenging the casino, is quoted.
Cape Cod Times | March 14, 2017
Rochester commercial litigation partner and co-chair of the firm’s Indian Law and Gaming team David Tennant is quoted in this article about the Justice Department’s delay in deciding whether to appeal a decision in a case regarding Mashpee Wampanoag tribal land.
Law360 | July 29, 2016
Rochester commercial litigation partner David Tennant is quoted in this article which covers four key questions attorneys for Native American tribes are leery of the high court tackling.
Law360 | April 20, 2016
Rochester partner David Tennant and Boston associate Matthew Frankel are noted as counsel representing Massachusetts residents in a case involving land the Mashpee Wampanoag Tribe has put into a trust for a $500 million casino project.
Law360 | March 23, 2016
Rochester commercial litigation partner David Tennant is quoted in this article about the U.S. Supreme Court’s decision on Tuesday granting a Nebraska tribe a win by ruling that a federal land act didn't reduce the size of its reservation.
Law360 | February 25, 2016
This feature story profiles the members of the 2016 Native American Law360 editorial advisory board, including partner David Tennant, who served on the 2015 board as well.
Law360 | October 27, 2015
Commercial Litigation partner and leader of the firm’s Indian Law & Gaming team Michael Cohen is featured in this story on the Second Circuit’s decision to toss a bid by the Shinnecock Indian Nation to overturn a NY district court's dismissal of its land reclamation claims in the Hamptons. Michael is quoted and identified as counsel for many of the appellees.
Law360 | October 08, 2015
Rochester Commercial Litigation partner David Tennant, a member of Native American Law360’s editorial board, provides third-party in this U.S. Supreme Court tribal jurisdiction article.
Law360 | June 19, 2015
Rochester partner David Tennant has been named to Law360’s 2015 Native American editorial advisory board.
Law360 | June 04, 2015
This feature story notes New York and other defendants’ request to the Second Circuit to uphold the dismissal of the Shinnecock Indian Nation’s complaint saying the appeals court’s precedent of denying such tribal land claims is well-settled. Long Island commercial litigation partner Michael Cohen is identified among the appellees’ counsel.