Law Seminars International Presents: New legal issues for tribes in

Tribal Rights, Sovereignty and Economic Development
Update on legal and policy developments



October 18 & 19, 2012
Embassy Suites Las Vegas in Las Vegas, NV

Who Should Attend

Attorneys, tribal representatives, industry executives and governmental officials

Why You Should Attend

Throughout Indian Country, there are significant legal issues impacting tribal rights and sovereignty. Many of these issues are addressed by tribal leaders attending the National Congress of American Indians' Annual Convention, set to take place this year from October 21-26 in Sacramento, California. To help tribal leaders, and their attorneys, get ready for their NCAI discussions, this conference will offer in-depth looks at a number of hot topics, including the settlement of trust fund management lawsuits, taxation, tribal water rights, and federal responsibilities for funding tribal contracts in the wake of Salazar v. Ramah Navajo Chapter.

The conference will also place significant focus on tribal energy and environmental matters, including the interplay with recent federal efforts to regulate Indian Country. The conference will address federal efforts, via the National Labor Relations Board, to intervene in tribal matters. Lastly, the conference will address tribal e-commerce, including both internet gaming and consumer lending. Federal leaders, leading private practitioners, and tribal leaders and attorneys will provide the latest insights on this variety of current topics with significant tribal sovereignty implications.

Don't miss this excellent updated overview on today's legal and policy developments, along with practical strategies and tips to assist attorneys, tribal representatives, agency officials and consultants navigate these latest issues, and to be ready to engage in informed policy discussions at NCAI.

~ Program Co-Chairs: Diandra Benally, Esq. of Fort McDowell Yavapai Nation and Jennifer H. Weddle, Esq. of Greenberg Traurig, LLP

What You Will Learn



Agenda

Thursday, October 18, 2012

8:30 am

Introduction and Overview

Diandra Benally, Esq., Program Co-Chair, Assistant General Counsel
Fort McDowell Yavapai Nation / Fountain Hills, AZ

Jennifer H. Weddle, Esq., Program Co-Chair
Greenberg Traurig, LLP / Denver, CO

 
8:45 am

Settlement of Trust Fund Mismanagement Lawsuits Against the Federal Government

Tribal perspective: Lessons from recent settlements and implications for next steps

Michael O. Finley, Vice Chairman
Confederated Tribes of the Colville Reservation / Nespelem, WA

Keith M. Harper, Esq.
Kilpatrick Townsend & Stockton LLP / Washington, DC

Melody McCoy, Esq., Staff Attorney
Native American Rights Fund / Boulder, CO

 
10:30 am

Break

 
10:45 am

Taxes: Application of the General Welfare Exclusion to Benefits Provided under Indian Tribal Government Programs

Overview of current federal, tribal and state taxation authority on Indian reservations; IRS and Treasury Department's new guidance on allocating Tribal Economic Development Bonds

Philip M. Baker-Shenk, Esq.
Holland & Knight LLP / Washington, DC

Practical tips for tribes; update on the IRS's recent process for developing guidance for tribes

Michael P. O'Connell, Esq.
Stoel Rives LLP / Seattle, WA

 
12:00 pm

Lunch (on your own)

 
1:15 pm

New Developments in Establishing Tribal Water Rights

Overview of tribal water law: Reserved water rights and the quantification process; settlements under the Omnibus Public Lands Management Act

Jennifer H. Weddle, Esq., Program Co-Chair
Greenberg Traurig, LLP / Denver, CO

Navajo-Hopi Little Colorado River Water Rights Settlement: Lessons learned in crafting a water rights settlement

Stanley M. Pollack, Esq., Assistant Attorney General, Water Rights Unit
Navajo Nation Department of Justice / Window Rock, AZ

 
2:45 pm

Break

 
3:00 pm

Tribal vs. Federal Environmental Regulations

An interactive panel on EPA air and water quality regulations; cultural resource preservation; tribal environmental enforcement; trends in civil penalty structures and tribal authority to impose criminal penalties

Jennifer H. Weddle, Esq., Program Co-Chair, Moderator
Greenberg Traurig, LLP / Denver, CO

Jeremy J. Patterson, Esq.
Fredericks Peebles & Morgan LLP / Louisville, CO

Mason D. Morisset, Esq.
Morisset, Schlosser, Jozwiak & Somerville / Seattle, WA

Alice E. Walker, Esq.
McElroy, Meyer, Walker & Condon, P.C. / Boulder, CO

 
4:30 pm

Continue the Exchange of Ideas: Reception for Faculty and Attendees

Sponsored by Greenberg Traurig, LLP

 

Friday, October 19, 2012

8:30 am

Tribal Development of Energy Resources: New Opportunities and Challenges

Federal policy update

Tracey A. LeBeau, Esq., Director, Office of Indian Energy Policy and Programs
U.S. Department of Energy / Washington, DC

Project development: Opportunities and regulatory challenges to operating in Indian Country

Thomas H. Shipps, Esq.
Maynes, Bradford, Shipps and Sheftel, LLP / Durango, CO

 
9:45 am

Break

 
10:00 am

Update on Key Tribal Federal Legislative Developments

United States Senate Leadership
Washington, DC

 
10:30 am

Tribal Enterprise Operations: National Labor Relations Board (NLRB) Jurisdiction

Update on general NLRB policy and enforcement activities

Frederick C. Miner, Esq.
Littler Mendelson P.C. / Phoenix, AZ

Lessons from recent NLRB cases involving tribal operations: Tips for structuring tribal operations to minimize enforcement and compliance problems

Lloyd B. Miller, Esq.
Sonosky, Chambers, Sachse, Endreson & Perry, LLP / Anchorage, AK

 
11:45 am

Lunch (on your own)

 
1:00 pm

What's Next After Key U.S. Supreme Court Decisions Affecting Tribal Economic Issues

Salazar v. Ramah Navajo Chapter: Federal government obligation to pay in full each tribe's contract; costs incurred by a contractor under the Indian Self-Determination and Education Assistance Act; Match-E-Be-Nash-She-Wish Band of Pottawatomi v Patchak

Lloyd B. Miller, Esq.
Sonosky, Chambers, Sachse, Endreson & Perry, LLP / Anchorage, AK

 
1:45 pm

Break

 
2:00 pm

The Next Frontier: Online Gambling

Delaware's new statute; legalization in other states; potential impact on casino operations; online consumer finance products

Robert A. Rosette, Esq.
Rosette, LLP / Chandler, AZ

Karrie S. Wichtman, Esq.
Rosette, LLP / Mattawan, MI

 
3:15 pm

Evaluations and Adjourn

 


Tuition

Regular tuition for this program is $895 with a group rate of $670 each for two or more registrants from the same firm. For government employees, we offer a special rate of $595. For tribes, we offer half price, which is $447.50. For students and people in their job for less than a year, our rate is $447.50. All rates include admission to all seminar sessions, food and beverages at breaks, and all course materials. Make checks payable to Law Seminars International.

Cancellation & Substitution

You may substitute another person at any time. We will refund tuition, less a $50 cancellation fee, if we receive your cancellation by 5:00 p.m. on Friday, October 12, 2012. After that time, we will credit your tuition toward attendance at another program or the purchase of a Homestudy. There is a $25 cancellation fee for Course Materials orders and $50 for Homestudy orders.

Continuing Education Credits

Live credits: This program qualifies for 11 NV CLE; 11 AK CLE; 11 AZ CLE; 11.25 CA MCLE; 13.5 CO CLE; 11 WA CLE credits. Upon request, we will apply for, or help you apply for, CLE credits in other states and other types of credits.



Location

The conference will be held at Embassy Suites Las Vegas at 4315 Swenson Street in Las Vegas, NV 89119. Call the hotel directly at (702) 795-2800 for reservations at the special negotiated rate of $119 and mention that you are attending a Law Seminars International conference. Rooms are on a first come, first served basis.
More about the Location
Map & Directions

If You Cannot Attend

Our complete Homestudy Course, consisting of a DVD recording and the course materials (either a binder or searchable CD), is available for $905. The course materials alone are available for $100. We will ship your Homestudy order via UPS ground within two weeks after the seminar or from the date we receive payment.
Order Homestudy



Faculty Bios

Diandra Benally, Program Co-Chair, is Assistant General Counsel at Fort McDowell Yavapai Nation and President of the Navajo Nation Bar Association.

Jennifer H. Weddle, Program Co-Chair, shareholder at Greenberg Traurig, LLP, and Co-Chair of the American Indian Law Practice Group, focuses on tribal jurisdiction and natural resources development on tribal lands.

Philip Baker-Shenk, partner in the Indian Law Practice Group at Holland & Knight LLP, provides legal and policy representation to Native American Indian Tribal governments, as well as Tribal organizations and companies doing business with Indian Tribes.

Michael O. Finley is Vice Chairman at Confederated Tribes of the Colville Reservation.

Keith M. Harper, partner at Kilpatrick Townsend & Stockton LLP focuses on litigation and Native American affairs. He was Principal Advisor and Chair of the Native American Domestic Policy Committee for the Obama campaign.
Full bio and contact info for Keith M. Harper at Kilpatrick Townsend & Stockton LLP

Tracey A. LeBeau, Director for the U.S. Department of Energy's Office of Indian Energy Policy and Programs, manages, coordinates, creates and facilitates programs and initiatives to encourage tribal energy and energy infrastructure development.

Melody McCoy, Staff Attorney at Native American Rights Fund, focuses on tribal jurisdiction, tribal education rights, tribal trust funds, and tribal intellectual property rights.

Lloyd B. Miller, partner at Sonosky, Chambers, Sachse, Endreson & Perry, LLP, represents Native American interests in trial and appellate, including Supreme Court, litigation, congressional, administrative and regulatory matters, and advises tribal interests as general and special counsel.

Frederick C. Miner is a shareholder at Littler Mendelson P.C. In collective bargaining matters, he represents management in negotiations, counsels employers concerning obligations and administration of agreements, and is an advocate in the arbitration of disputes arising out of these agreements.
Full bio and contact info for Frederick C. Miner at Littler Mendelson P.C.

Mason D. Morisset, Director at Morisset, Schlosser, Jozwiak & Somerville, is responsible for Indian treaty and water rights litigation including successful arguments before the U.S. Supreme Court, the Washington and California Supreme Courts and the FERC.

Michael P. O'Connell, partner at Stoel Rives LLP, focuses on natural resources, environmental, energy, water rights and Indian law involving project development.
Full bio and contact info for Michael P. O'Connell at Stoel Rives LLP

Jeremy J. Patterson, partner at Fredericks Peebles & Morgan LLP, focuses on tribal government representation, economic development and energy development projects.

Stanley M. Pollack, Assistant Attorney General, Water Rights Unit, Navajo Nation Department of Justice, focuses on water resources, including five general stream adjudications. He negotiated the Navajo Nation San Juan River in the New Mexico Water Rights Settlement.

Robert A. Rosette, partner at Rosette, LLP, represents Indian Tribal Governments in federal Indian law, including finance, commercial transactions, economic development, gaming and litigation. He is experienced in gaming for both brick and mortar and Internet gambling ventures.

Thomas H. Shipps, partner at Maynes, Bradford, Shipps & Sheftel, LLP, has been involved with cases in federal, state, and tribal court related to tribal jurisdiction.

Alice E. Walker, managing partner of McElroy, Meyer, Walker & Condon, P.C., represents Indian tribes in litigation and negotiation of natural resource disputes, gaming, federal tribal acknowledgement, taxation, and jurisdictional and regulatory issues.

Karrie S. Wichtman partner at Rosette, LLP, concentrates on tribal sovereignty, drafting and application of tribal codes and court rules, policy and procedure development.