Hobbs Straus LLP Brochure

washington, dc | portland, or | oklahoma city, ok | sacramento, ca

Hobbs, Straus, Dean & Walker, LLP

Making strides in Indian Country takes a special perspective.

“ We help protect tribes’ historic rights and promote economic development on their reservations.” jerry straus, Partner

Knowledge of the Past.

Wisdom for the Future.

“ There are few individuals, much less firms, that are as committed as we are personally to improving the lives of Indian people.” william norman, Partner

At Hobbs, Straus, Dean & Walker, our attorneys have been working to affect positive change in Indian Country for half a century. Long before we were formed, our founders were already deeply involved in landmark cases that would have profound impact for American Indians. These early victories won us something even more valuable — a thorough understanding of how the legal, state, and federal systems can work for Indians. Decades of experience working exclusively in this terrain have honed our instincts, informed our strategies, and allowed us to cultivate a truly dazzling array of resources and contacts.

As a result, we feel we have the best of all worlds in our firm. We offer wisdom combined with innovative ideas.

“ Vibrant Alaskan and American Indian communities contribute greatly to the cultural and political fabric that makes America the great melting pot.” geoff strommer, Partner

hobbsstraus.com

We possess a solid grasp of how things work in Indian law and Indian Country with a bold vision of how they could work. These skills in concert with our overwhelming dedication, boundless energy, and resourcefulness explain why we have become such trusted partners to our clients.

“ Changing policy for the better can really accomplish something of long-term value.” carol barbero, Partner

Practice Areas Tribal Affairs Tribal Programs & Services Indian Housing Gaming Economic Development Natural Resources Self-Determination/Self-Governance International Indigenous Rights Alaska Native Issues Oklahoma Issues Tribal Counseling & Advocacy

“ Practicing Indian law allows me to come to work each day knowing that I am making a difference in the lives of Indian people and tribal communities.” lee shannon, Partner

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Knowledge of the Past.

Wisdom for the Future.

At Hobbs, Straus, Dean & Walker, our attorneys have been working to affect positive change in Indian Country for half a century. Long before we were formed, our founders were already deeply involved in landmark cases that would have profound impact for American Indians. These early victories won us something even more valuable — a thorough understanding of how the legal, state, and federal systems can work for Indians. Decades of experience working exclusively in this terrain have honed our instincts, informed our strategies, and allowed us to cultivate a truly dazzling array of resources and contacts.

As a result, we feel we have the best of all worlds in our firm. We offer wisdom combined with innovative ideas. We possess a solid grasp of how things work in Indian law and Indian Country with a bold vision of how they could work. These skills in concert with our overwhelming dedication, boundless energy, and resourcefulness explain why we have become such trusted partners to our clients.

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placing a value on the government’s word In the early seventies, the Quinault tribe of the Pacific Northwest watched in dismay as the United States government sold off its valuable timber at under-market prices. The Quinault quickly got organized and mobilized. Their legal action made it all the way to the Supreme Court where founding partner Charles Hobbs, along with Marsha Schmidt, argued and won the precedent-setting case of United States v. Mitchell (1967-1989). The Supreme Court held that the United States must pay damages when it mismanages Indian trust property and the Quinault were awarded $27 million in compensation. This groundbreaking case set the foundation for the modern recognition of the federal trust responsibility.

At Hobbs Straus we handle litigation and consulting services on a wide variety of claims alleging government mismanagement of Indian trust assets including coal, oil and gas, tribal funds, grazing lands, and other assets. Our longevity and record of success in this arena is impressive. We’ve renegotiated coal leases, made oil and gas agreements joint ventures, and included provisions for tribal employment, training, and scholarships. We come equipped with the knowledge and resources necessary to ensure that the government adheres to the law, or pays the penalty when it does not.

Recovered Loss. Recovered Trust.

Our Results

for indian country

First successful large scale restoration of historic lands to an Indian Tribe in securing restoration of the 48,000 acre sacred Blue Lake lands for the Taos Pueblo.

1970

First contract for a tribe (the Miccosukee Tribe) to provide all Bureau of Indian Affairs services for its own members.

1970 - 1971

First legal opinion on electronically assisted Class II gaming devices for the Seminole Tribe of Florida.

1983

First case re-establishing federal recognition of the authority of the Five Tribes to maintain tribal courts in eastern Oklahoma, Muscogee (Creek) Nation v. Hodel.

1988

First successful issuance of commercial bonds to finance the construction of an Indian casino for the Mohegan Tribe of Connecticut.

1995

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Opening Doors. Opening Minds. improving lives in indian country The Navajo Nation’s successful Shiprock School was in danger of closing its doors due to a crumbling campus. Rusty water, unreliable heating and cooling, no gymnasium, and impossibly small classrooms were but a few of its woes. In 2000, Hobbs Straus assisted the Navajo in obtaining $26.9 million dollars in congressional funding to construct an entirely new school. Now, Shiprock students learn in a state-of-the-art campus that boasts more than 125,000 square feet of educational space, extensive technology, and two Navajo culture classrooms. We also won the same substantial funding award for the Pinon Navajo Boarding School in Arizona.

Hobbs Straus attorneys are helping tribes turn the tide for chronically under-funded tribal schools. Moreover, we are tireless advocates for legislation that improves the operation and funding for critical social service initiatives. Our strong Washington, D.C. presence allows us to build relationships that are crucial to strengthening programs such as tribal healthcare, education, child welfare, housing, and community building. By addressing these social needs that continue to plague Indian tribes, we assist tribes in ending a devastating cycle of despair.

First successful large scale restoration of historic lands to an Indian Tribe in securing restoration of the 48,000 acre sacred Blue Lake lands for the Taos Pueblo.

1970

First contract for a tribe (the Miccosukee Tribe) to provide all Bureau of Indian Affairs services for its own members.

1970 - 1971

First modern recognition of the government’s liability for breach of trust by the Supreme Court in United States v. Mitchell for the Indians of the Quinault Reservation.

1983

First legal opinion on electronically assisted Class II gaming devices for the Seminole Tribe of Florida.

1983

First case re-establishing federal recognition of the authority of the Five Tribes to maintain tribal courts in eastern Oklahoma, Muscogee (Creek) Nation v. Hodel.

1988

First successful issuance of commercial bonds to finance the construction of an Indian casino for the Mohegan Tribe of Connecticut.

1995

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accelerating economic development for tribes In Oklahoma, like so many states, tribes that were once on the brink of extinction have made economic comebacks due to Indian gaming. Oklahoma tribes have an added advantage thanks to the Oklahoma Model Tribal-State Gaming Compact.

This landmark legislation created a climate of legal certainty, allowing tribes to raise hundreds of millions of dollars to finance new gaming facilities and related infrastructure, and create thousands of new jobs in the process. As lead negotiators, Hobbs Straus attorneys were involved at every juncture of the legislation process, bringing together tribes, the state of Oklahoma, horsemen, and educators to develop this historic agreement.

From the earliest days of Indian gaming, we’ve been on the scene helping draft the Indian Gaming Regulatory Act (IGRA), assisting with the first issuance of a bond to finance an Indian casino (the Mohegan Sun), and successfully arguing Seminole Tribe of Florida v. State of Florida, the first IGRA case to reach the Supreme Court Our vision of tribal economic development doesn’t begin and end with gaming. Our recent work includes using New Markets Tax Credits to finance a Tribal Health Clinic and RV Park. From analyzing prospective business ventures outside Indian Country to bringing outside investors in, we help tribes to proactively seek new avenues toward economic prosperity.

Economic Growth. Community Growth.

First successful large scale restoration of historic lands to an Indian Tribe in securing restoration of the 48,000 acre sacred Blue Lake lands for the Taos Pueblo.

1970

First contract for a tribe (the Miccosukee Tribe) to provide all Bureau of Indian Affairs services for its own members.

1970 - 1971

First modern recognition of the government’s liability for breach of trust by the Supreme Court in United States v. Mitchell for the Indians of the Quinault Reservation.

1983

First legal opinion on electronically assisted Class II gaming devices for the Seminole Tribe of Florida.

1983

First case re-establishing federal recognition of the authority of the Five Tribes to maintain tribal courts in eastern Oklahoma, Muscogee (Creek) Nation v. Hodel.

1988

First successful issuance of commercial bonds to finance the construction of an Indian casino for the Mohegan Tribe of Connecticut.

1995

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Sage Advice. Sage Decisions.

PROVIDING TRIBES WITH ONGOING SUPPORT In 1999, the Comanche Nation of Oklahoma reached a major turning point in its growth and development, facing key decisions, many of which had legal ramifications that went beyond their scope of expertise. For over ten years, we

PROPOSED PHOTO WOULD BE A SHOOT ON THE COMANCHE RESERVATION WITH WILLIAM NORMAN AND A COMANCHE TRIBAL LEADER. WAITING TO HEAR BACK FROM CLIENT ABOUT THE FEASIBILITY OF THIS SHOT.

have worked side by side with Comanche decision-makers to help them navigate through a variety of legal, political, and business issues. On any given week, we may be helping the Tribe vet business opportunities, strategize about an upcoming shareholders meeting, or help formulate policy for a Gaming Commission meeting. As the Comanche Nation infrastructure has expanded, so has our role within it.

As Tribal Counselors, we are equal parts legal advisor, political advisor, sounding board, and devil’s advocate, presenting our clients with a clear view of the landscape they may face in realizing their plans. Taking a proactive hands-on approach, we log hundreds of miles, nights and weekends, attending critical tribal meetings in order to perform our role well. And, as their tribal “ears and eyes” in Washington, we can access high-level legislators early in the process to keep our clients informed about affairs and decisions that may impact their own plans.

First successful large scale restoration of historic lands to an Indian Tribe in securing restoration of the 48,000 acre sacred Blue Lake lands for the Taos Pueblo.

1970

First contract for a tribe (the Miccosukee Tribe) to provide all Bureau of Indian Affairs services for its own members.

1970 - 1971

First modern recognition of the government’s liability for breach of trust by the Supreme Court in United States v. Mitchell for the Indians of the Quinault Reservation.

1983

First legal opinion on electronically assisted Class II gaming devices for the Seminole Tribe of Florida.

1983

First case re-establishing federal recognition of the authority of the Five Tribes to maintain tribal courts in eastern Oklahoma, Muscogee (Creek) Nation v. Hodel.

1988

First successful issuance of commercial bonds to finance the construction of an Indian casino for the Mohegan Tribe of Connecticut.

1995

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the lawful protection of tribal resources When large corporate landowners threatened to flood tribal lands and degrade the water quality on Seminole land, the Tribe knew they had to act quickly to legally protect their precious water supply. Hobbs Straus assisted the Seminole Tribe of Florida in negotiating the landmark 1987 water rights compact with the State of Florida. The compact secured federal water rights for the Tribe and marked the first time that federally protected Indian water rights were confirmed in an Eastern state.

Without control over the natural resources they own, tribes are kept from reaping the benefit of economic opportunities in their own backyard. Whether by negotiation, litigation, legislation, regulation, or advocacy, Hobbs Straus uses all possible legal channels to protect and restore the vital environmental and cultural rights of our clients.

To that end, we have a thorough command of environmental safety, energy, and cultural preservation issues. Our attorneys, some of the nation’s foremost practitioners in these fields, have extensive experience working in federal environmental law, natural resources law, and cultural and historic preservation law. We are proud of the fact that for decades, our firm has fought extensively and successfully to preserve the rich cultural and natural resources tribes possess.

Safe Water. Safe Future.

First successful large scale restoration of historic lands to an Indian Tribe in securing restoration of the 48,000 acre sacred Blue Lake lands for the Taos Pueblo.

1970

First contract for a tribe (the Miccosukee Tribe) to provide all Bureau of Indian Affairs services for its own members.

1970 - 1971

First modern recognition of the government’s liability for breach of trust by the Supreme Court in United States v. Mitchell for the Indians of the Quinault Reservation.

1983

First legal opinion on electronically assisted Class II gaming devices for the Seminole Tribe of Florida.

1983

First case re-establishing federal recognition of the authority of the Five Tribes to maintain tribal courts in eastern Oklahoma, Muscogee (Creek) Nation v. Hodel.

1988

First successful issuance of commercial bonds to finance the construction of an Indian casino for the Mohegan Tribe of Connecticut.

1995

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Tribal Control. Tribal Strength. forging modern indian nations In 1970, while deep in negotiations with the Bureau of Indian Affairs (BIA), Chairman Buffalo Tiger of the Miccosukee Tribe of Florida made a simple request. He felt that his Tribe would be more effective at directing their own services and proposed that the BIA contract with them rather than outside employees. For the next few years, the tenacious Miccosukee struggled to wrest control over their own tribal programs from the BIA and Department of the Interior. Before Hobbs Straus even existed, founding partner Bobo Dean took on the Miccosukee fight and represented the Tribe in negotiating this historic contract. The Miccosukee ruling helped pave the way for the important Indian Self-Determination and Education Assistance Act.

Helping tribes expand control over their own services is a cornerstone of our work. In Alaska, we represented tribal health organizations in negotiating the Alaska Tribal Health Compact under which all health services for Alaska Natives are managed by tribes. Additionally, in 2008, we won a major victory for the Susanville Indian Rancheria guaranteeing them the right to make their own decisions on health service co-pays. We strongly believe that assisting tribes in taking charge of their own programs is a key step toward helping them realize their sovereign rights.

First successful large scale restoration of historic lands to an Indian Tribe in securing restoration of the 48,000 acre sacred Blue Lake lands for the Taos Pueblo.

1970

First contract for a tribe (the Miccosukee Tribe) to provide all Bureau of Indian Affairs services for its own members.

1970 - 1971

First modern recognition of the government’s liability for breach of trust by the Supreme Court in United States v. Mitchell for the Indians of the Quinault Reservation.

1983

First legal opinion on electronically assisted Class II gaming devices for the Seminole Tribe of Florida.

1983

First case re-establishing federal recognition of the authority of the Five Tribes to maintain tribal courts in eastern Oklahoma, Muscogee (Creek) Nation v. Hodel.

1988

First successful issuance of commercial bonds to finance the construction of an Indian casino for the Mohegan Tribe of Connecticut.

1995

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We have devoted our careers to representing Indian nations and their interests. Our extensive and unique experience allows us to see the challenges Indian nations face in a way few other firms can, because we understand them in the larger context of Indian law’s past, present, and future.

An Unwavering Commitment

Our Vantage Point

Strategic Partnerships

Innovative Problem Solvers

Ongoing Support of Indian Affairs

Our guiding principles are very clear: we only serve clients who are working in the interest of Indians. We do not take on cases where a non-Indian organization is attempting to profit at the expense of Indians and we never represent one tribe against another.

Our strategic location in Washington, DC is an ongoing benefit to our clients. It allows our clients to have a window on Congressional activity as well as the Department of the Interior, and Bureau of Indian Affairs. Hobbs Straus attorneys are visible and active in the Washington community and know just about every player with a bearing on Indian Country.

We constantly monitor and are attuned to federal litigation and its impact. Our clients are kept up to date on all that happens in Washington with monthly memorandums.

While we offer a broad range of services dealing with every aspect of Indian law, we understand the wisdom of partnering with firms who can bring their specialized proficiencies to our clients. To that end, we align ourselves with powerhouse firms from other fields who share our high professional standards.

Our clients tell us they appreciate our ability to project forward and see the consequences their decisions may have. We give clients insightful counsel and a range of alternatives from which they can select the best resolution.

We are delighted to support and further Indian causes. To that end, we maintain a collection of legal documents important to Indian Country. We also provide internships to Indian schoolchildren, attend conferences, and are proud contributors to the building fund for the Indian Embassy in Washington, D.C.

A Full Service Firm With the advent of gaming, some firms seek to work solely in that practice area. At Hobbs Straus, we’re committed to serving the full spectrum of legal needs in Indian Country.

We have a long history of helping tribes deal with varied legal issues from education and healthcare to land use and tribal sovereignty.

To complement our capabilities, Hobbs Straus recently entered into a strategic alliance with K&L Gates LLP, the nationally recognized bond counsel practice. K&L Gates provides our clients with specialized insight into federal tax and securities laws, as well as experience in international derivative hedge funds, investment and public-private partnerships. Working together with our strategic partners, we can confidently provide the breadth of perspective and experience required to respond to any challenge.

Litigation can have an enormous cost — in both time and money. That’s why we actively seek opportunities for consensus, negotiation, and settlement. It may not always be in your best interest to go to court, but if we do, you will be hard pressed to find better-prepared, more driven attorneys.

What Drives Us Hobbs Straus attorneys come from different backgrounds and experiences, but we are like-minded in our dedication to assist tribes in strengthening their governments and improving the lives of their members. We maintain a supportive, collegial environment with a healthy work-life balance and a genuine respect for all members of our team. Knowing that we are addressing the most critical challenges facing today’s tribes and bringing about meaningful change is what engages and propels us each and every day.

“ The field of Indian law has been very rewarding to me— in terms of the gratification of helping people who need it, and the pleasure of solving difficult problems with talented partners of like mind.” charles hobbs, Partner

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“ For forty years I have supported the concept that Indian tribes have the right to govern themselves.”

Making strides in Indian Country takes a special perspective.

bobo dean, Partner

For decades, as modern Indian history has unfurled, Hobbs Straus has been an active participant. Our role in assisting tribes to understand, structure, demand, and achieve all that they are due is well documented.

We channel our own history, passion, and intellectual rigor into providing our clients with an utterly unique viewpoint— one that we hope continues to help our Indian clients shape their own histories for decades to come.

“ In the nearly forty years that I’ve been practicing Indian law, the legal issues affecting Indian people have not diminished and the demands on tribal government have increased.

I come to work to help tribes and their members address those issues.” kirke kickingbird, Of Counsel PHOTOGRAPHY CREDITS Inside Front Cover: Ken Blackbird (left), Donna Ferrato (right), Don Kashevaroff (bottom) Front Cover Foldout: Thatcher Cook Page 2: Don Kashevaroff

Page 5: Firstname Lastname TBD Page 9: Philip Gould Page 13: Peter Lourie Inside Back Cover: Lynn Johnson

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