Native American

"Bringing Wall Street to Indian Country"

Our Native American practice is a national leader in the financing and development of gaming, resort, hotel, entertainment and other projects for American Indian nations.  Based in Los Angeles and New York City, our attorneys have represented Indian nations and enterprises, financial institutions, retail companies and others in some of the largest and most complex transactions in Indian Country, including:

• Agua Caliente Band of Cahuilla Indians.  $230,000,000 offering of investment grade notes underwritten by JP Morgan, to be used to construct a new hotel and other amenities.
• Poarch Band of Creek Indians.  $160,000,000 syndicated bank loan to build a destination resort casino complex in Alabama, syndicate led by Merrill Lynch.
• Navajo Nation.  Representation of the Nation in its first venture into gaming, including six planned casinos in two states.
• Snoqualmie Indian Tribe.  $85,500,000 unique bridge loan financing by two hedge funds to allow the tribe to purchase land and place it into trust for a casino project near Seattle.
• Morongo Band of Mission Indians.  Representation of the Band in mergers and acquisition, finance, tax and real estate investment matters.
• Agua Caliente Band of Cahuilla Indians.  $170,000,000 follow-on issuances of investment grade notes, including consent solicitation of holders of previously issued tax-exempt bonds.
• Oneida Indian Nation of New York.  $160,000,000 high yield bond offering by the Nation for expansion purposes.
• Dry Creek Rancheria and its River Rock Entertainment Authority. $58,500,000 in a series of tax-exempt and taxable issuances of debt for expansion and infrastructure improvements.
• Tribal Joint Venture. Representation of a tribal entity formed to pursue off-reservation gaming opportunities.
• Northeast Indian Nation.  $17,000,000 bank credit facility for a Northeast Indian nation.
• Tribal Hedge Fund.  Research and analysis for the development of a hedge fund to be owned and operated by an Indian nation.
• Northern California Tribe.  $350,000,000 proposed high yield bond offering to construct a casino and resort facility.
• Northeast Indian Nation.  $40,000,000 secured credit facility to provide liquidity for Tribe facing challenges by the state and federal governments.
• Las Vegas Gaming Company. Negotiation of a proposed management contract with an Indian nation.
• Northeast Indian Nation.   Representation in corporate restructuring and governance reform matters.
• Oneida Indian Nation of New York.  Continued representation in its nearly 40-year-old land claim cases against New York State.
• Calyon Corporate and Investment Bank. Syndicated bank loans to, among others, the Mohegan Tribal Gaming Authority, the Seminole Tribe of Florida and the Tulalip Tribes of Washington.
• Mining company.  Negotiation of a minerals lease of Indian lands from an Indian tribe and related federal permits.
• Bond Insurer.  Representation in connection with $140,000,000 high yield bond offering by an Indian nation.
• Insurance Company.  Representation in researching and developing captive insurance companies on Indian land.
• Accounting Firm.  Representation in negotiation of engagements with Indian nations.
• Gaming Technology Joint Venture.  Representation of an Indian nation in negotiations involving a gaming technology joint venture.
• Chumash Casino and Resort Enterprise.  $150,000,000 issuance of high yield bonds for the Santa Ynez Band of Mission Indians, the first such transaction by a California Indian tribe.
• River Rock Entertainment Authority.  $200,000,000 issuance of high yield bonds by an instrumentality of the Dry Creek Rancheria Band of Pomo Indians.
• Oneida Indian Nation of New York.  $310,000,000 combined high yield, tax-exempt and secured bank loan facility to finance a major expansion of Turning Stone Casino Resort.
• Native American Casino.  $16,000,000 purchase of video gaming terminals and related licensed intellectual property.
• Oneida Indian Nation of New York.  $20,000,000 and $25,500,000 issuances of Tax Exempt Variable Rate Demand Bonds to finance eligible resort expansion projects.
• Upstream Point Molate.  $500 million project to convert a San Francisco Bay naval base into an urban Indian gaming facility and resort complex in partnership Harrah's Entertainment, Inc. and the Guidiville Band of Pomo Indians.
• Native American Entrepreneur.  Representation in negotiations with financial sources and Indian nations in pursuit of leveraged buyout, wind power, Section 8(a) and other opportunities for Indian nations.
• Investment and Commercial Banks.  Representation of lenders and placement agents in secured loans, private placements, planned high yield and tax exempt issuances and other pending matters with respect to Indian nations in Arizona, California, Connecticut, Florida, New Mexico, New York, Oklahoma and Washington.

We represented the investment bankers in connection with the first high yield debt offering by four California Indian tribes for the development of gaming and gaming related facilities, and we continue to be in the forefront of financing for Indian gaming and related activities throughout Indian Country.

The attorneys in our Native American practice include the former General Counsel of the Oneida Indian Nation of New York, the co-chair of our firm's Capital Markets group and the head of our California Real Estate practice.  We draw on the firm's long-standing expertise in gaming, hospitality, retail, real estate and finance matters to provide complete representation in all aspects of tribal economic development, from initial construction to expansion financing.  Our real estate and development work in Indian Country includes:

• LiveNation/HOB. Represented LiveNation in negotiation of long term lease with Mohegan Sun Hotel/Casino for a House of Blues night club and Foundation Room private club to anchor the new hotel tower expansion at Mohegan Sun.
• Real Estate Developer.  Development of a planned $700,000,000 phased gaming and entertainment destination in an environmentally sensitive area, in partnership with an Indian nation, and negotiation of development and management agreements.
• Nautica.  Development of retail space at the Viejas Outlet Center on the Viejas Indian reservation in Southern California, including negotiations with the Bureau of Indian Affairs.
• Ann Taylor, The Gap and Sportsac.  Representation of three lessees of space in the Tulalip Tribe's Seattle Premium Outlets in Washington State.
• Real Estate Investor.  Investigation of Native American casino and resort opportunities and obstacles in Northern California.

In addition to our work in Indian Country, our firm has represented issuers, investment banks, developers and owners in over $10 billion in non-Indian gaming debt and equity financings and numerous hotel, retail and development projects, including:

• Hotel/Casino Developer/Operator.  $950,000,000 hotel/casino project in Las Vegas.
• Casino Company.  Joint ventures for development of a Detroit casino and a Louisiana riverboat.
• Mandalay Bay Resorts (formerly Circus Circus).  Casino restaurant and retail leases, including trademark licensing and joint ventures.
• Loews Hotels.  $570,000,000 joint venture with Universal Studios and the Rank Organization to develop and operate three themed resort hotels and related $342,000,000 credit facility.
• Hilton International.  $27,000,000 international development of co-branded, all-inclusive Caribbean resorts.
• Barclays Bank PLC.  $65,000,000 loan participation financing the Ritz Carlton Jupiter Resort and Club in Florida.

Our attorneys frequently speak at conferences and symposia concerning Indian affairs and have published numerous law review articles on Indian sovereignty and legal matters.  One of our practice leaders was a professor of Indian law at New York University School of Law, Benjamin N. Cardozo School of Law, St. John's University School of Law and Syracuse University College of Law.

In addition to large-scale finance work for investment banks and Indian clients, we have also handled various business and corporate matters for diversified tribal enterprises, including investment fund work, technology subsidiary and intellectual property work, and our Art Law practice group has extensive experience with NAGPRA.

Continuing the firm's long tradition of pro bono work, the attorneys in our Native American practice have been active as well on pro bono matters in Indian Country, writing amicus briefs in the United States Supreme Court (Long and Mattaponi) and participating in the Tribal Supreme Court Project, an initiative set up by the National Congress of American Indians and the Native American Rights Fund to coordinate Indian Country's response to dangerous cases making their way through the courts.

We believe our firm's long history and superior experience in representing corporate clients, combined with our expertise in Native American matters, makes us the natural place to turn when Indian nations or financial institutions are undertaking sophisticated transactions bridging Wall Street and Indian Country.