Galanda Broadman Named Amongst Washington Puget Sound Region's "Best Lawyers in the Business"

Seattle Business Magazine has honored Galanda Broadman, PLLC, in its listing of "the Puget Sound Region's Best Lawyers for 2013," in both the arenas of Gaming Law and Native American Law. The firm was selected as some of the "best lawyers in the business" in the State of Washington by Galanda Broadman's peers, and is the only American Indian-owned law firm to receive these honors. This honor follows several other recent honors for Galanda Broadman and its lawyers. In November 2012, Galanda Broadman received a prestigious Tier 1 ranking in the 2013 Edition of U.S. News - Best Lawyers “Best Law Firms,” in the arena of Native American Law. In addition, firm co-founder Gabe Galanda was then named to The Best Lawyers in America in the practice areas of both Gaming Law and Native American Law, for the seventh straight year. Gabe was named a "Difference Maker" by the American Bar Association in November as well. Also, last month Lawyers of Color listed the firm in its Big Book of the Best Boutiques, an exclusive list of the top minority law firms in each state.

"This honor gives us great pride. We work our very hardest for our tribal clients and to receive recognition from them and from our peers feels awesome," said Gabe in a recent Indian Country Today interview. "We are privileged to be entrusted to represent tribal governments and Indian people, frequently during very critical times. It is the opportunities that our tribal clients have given us, and the results we have been able to obtain for them, and the underlying teamwork with our clients and each other that resulted in this honor. We feel as grateful to our tribal clients for those opportunities as we feel honored by this accolade."

Galanda Broadman, PLLC, “An Indian Country Law Firm,” is dedicated to advancing tribal legal rights and Indian business interests. The firm, which is headquartered in Seattle, Washington and also has offices in Bend, Oregon, represents tribal governments, businesses and members in critical litigation, business and regulatory matters, especially in matters of Indian Treaty rights, tribal sovereignty and taxation.

Gabe is an enrolled member of the Round Valley Indian Tribes of California. He currently sits on the National Native American Bar Association (NNABA) Board of Directors, chairing the group’s “Include Indian Law on State Bar Exams” Initiative, and co-chairing its “Increase Natives and Tribal Court Judges in the Judiciary” Initiative. Gabe is a past President of the Northwest Indian Bar Association and past Chair of the Washington State Bar Association (WSBA) Indian Law Section.

Anthony is the immediate past Chair of the WSBA Administrative Law Section, and author of “Administrative Law in Washington Indian Country.”  In September 2012, Anthony was specially honored for his outstanding service as Chair of the Administrative Law Section.  He is a former Trustee of the WSBA Indian Law Section, and also serves as Editor-in-Chief of the Section’s Indian Law Newsletter. Anthony has been named a Rising Star by Washington Law & Politics-Super Lawyers magazine.

Ryan Dreveskracht is a firm associate. Prior to joining Galanda Broadman he was a law clerk to the Honorable Kathleen Kay, in the U.S. District Court for the Western District of Louisiana. Ryan has published ten journal and law review articles in 2011-12 alone, on issues like tribal renewable energy, and has served as the Managing Editor for the National Lawyer’s Guild Review since 2010.

Tribal Energy Lawyer-Scholar Ryan Dreveskracht Publishes Tribal Solar Power Article

Ryan Dreveskracht has published his latest law review article on the topic of tribal renewable energy "Economic Development, Native Nations, and Solar Projects," in The American Journal of Economics and Sociology. It is available for free download here.

This article examines the issues surrounding sustainable eco- nomic development in American Indian country via the implementation of solar energy projects. The second section addresses Native American economic development, generally, focusing on practical sovereignty, capable institutions, and cultural match. The third section discusses solar energy projects: the benefits of solar energy when compared to other types of energy production; the ways that these projects will benefit Indian country specifically; and the rationale behind implementing solar energy projects as a means to sustainable economic development in Indian country. The fourth section will briefly discuss the question: Given the advantages of solar energy that the article advocates, why is the uptake in Indian country not already prolific?

In November 2012, he published "Alternative Energy in American Indian Country: Catering to Both Sides of the Coin," in the latest edition of Energy Law Journal.

Ryan Dreveskracht is an Associate at Galanda Broadman PLLC, of Seattle, an American Indian majority-owned law firm. His practice focuses on representing businesses and tribal governments in public affairs, energy, gaming, taxation, and general economic development. He can be reached at 206.909.3842 or ryan@galandabroadman.com.

Fiscal Cliff Bill Affords Indian Country Tax Relief, Suprisingly

As Indianz.com reports, the "fiscal cliff" bill includes several provisions that are designed to stimulate employment and economic opportunities in Indian Country. The Indian Employment Tax Credit, which encourages businesses to hire tribal members and their spouses, expired in December 2011 but is now retroactivated to 2012 and extended until the end of 2013.

The Accelerated Depreciation Incentive, which helps businesses locate on Indian lands, also expired in December 2011 but also received a two-year extension, until the end of 2013.

A production credit for coal facilities that were placed in service in Indian Country before 2009 was also extended until January 2014.

The New Market Tax Credit Program was extended through the end of 2013, with $3.5 billion in tax credits allocated for each year.

At the original request of the U.S. Department of the Interior’s Office of Indian Energy and Economic Development, Gabe Galanda has written a paper that explains the interplay of all of these and other tax advantages in Indian Country, titled, "The Business Case for Private Investment and Development in Indian Country." It is available here.

Gabriel "Gabe" Galanda is a partner at Galanda Broadman PLLC, of Seattle, an American Indian owned law firm.  He is an enrolled member of the Round Valley Indian Tribes of Covelo, California.  Gabe assists tribal governments and businesses in all matters of tribal economic development and diversification, including entity formation and related tax strategy. He also helps tribes and tribal businesses and joint ventures withstand attack from federal, state and local government. Gabe can be reached at 206.691.3631 or gabe@galandabroadman.com.

Streaming Podcast: Gabe Galanda Offers Indian Gaming Forecast Via 113th Congress

Today, Gabe Galanda spoke on the CEM Audio Edge's Gaming Law News live show, regarding gaming issues from a tribal perspective and what the 113th Congress might or might not do to address and resolve these issues. The show gathers attorneys, policymakers and commentators to discuss crucial legislation affecting state and federal jurisdictions around the world. A few excerpts:

As a tribal advocate, I do not believe that tribal i-gaming should be regulated by states. First and foremost, to the extent tribal i-gaming is confined to Indian Country, as a matter of tribal sovereignty, states should have no role in its regulation. That said, I do generally agree that for sake of integrity of game play, dual regulation makes sense; meaning tribal and federal regulation, as we have with Class II Indian gaming.

States should also not play a regulatory role in i-gaming because unlike the situation in 1988, where generally speaking tribes did not have the regulatory experience that states like Nevada and New Jersey had then and as such, tribes needed help in gaming regulation, today tribes are very sophisticated in gaming regulation. In fact, tribal regulators have proven themselves more sophisticated than state regulators in many instances.

Moreover, states will use any Congressionally delegated regulatory role to extort taxes or revenue-sharing from i-gaming tribes, which is patently acceptable.

Based on Congress’s pace to date, it’s a safe bet that we’re heading toward state-by-state regulation of Internet gaming – tribes will have to fit into the cracks that such regulations create. . . . It will be a tribe by tribe process, in which tribes attempt to comply with both the requirements of IGRA and their compacts.

A vote on the [Akaka Carcieri fix] bill did not happen in 2012. U.S. Senators from Rhode Island and Northern California have done everything in their power to stymie a Carcieri fix, and successfully so as of yet. As long as they continue to do so, a Carcieri fix may not even get a vote in 2013.

The result of this [Patchak] decision is that a party claiming harm to property nearby proposed trust land has standing under the APA to bring a lawsuit. This creates considerable risk for casino developers because the statute of limitations under the APA is considerably longer than that of the QTA – creating much more time that a party has to challenge the DOI's trust transaction.

Two days after the fiscal cliff debacle, I would note that the Congress delivered some unexpected good news to Indian Country, in the form of tax relief. Although not gaming specific – of course Indian gaming is per se tax exempt – Congress passed a number of tax fixes that are advantageous to tribal governments engaged in economic development or diversification efforts.

Looking further into 2013, it is impossible to predict how the anemically bipartisan Congress will behave relative to i-gaming in general, or any matter of Indian gaming, be it TOGA or a Carcieri-fix. Generally speaking, I do not predict good things to come Indian Country via the 113th Congress. Any legalized inter-state i-gaming will somehow erode tribal sovereignty. . . . As such, the status quo, at least on i-gaming, might not be such a bad thing.

Gabriel "Gabe" Galanda is a partner at Galanda Broadman PLLC, of Seattle, an American Indian owned law firm.  He is an enrolled member of the Round Valley Indian Tribes of Covelo, California.  Gabe assists tribal governments and businesses in all matters of tribal economic development and diversification, including entity formation and related tax strategy. He also helps tribes and tribal businesses and joint ventures withstand attack from federal, state and local government. Gabe can be reached at 206.691.3631 or gabe@galandabroadman.com.

Chrystal Byrd Joins Galanda Broadman's Indian Law Team

We are proud to announce that Yakama Member Chrystal Byrd has joined Galanda Broadman, PLLC, as a paralegal. Chrystal received her Bachelors of Science Degree in Criminal Justice, with a specialization in Forensic Science, from Seattle University, and her Paralegal Certificate from Seattle Central Community College. Chrystal previously worked as a Indian Child Welfare Case Manager for the Tulalip Tribes; a Gang Intervention Counselor for the Muckleshoot Indian Tribe; a Corrections Officer for the Washington State Department Corrections at the McNeil Island Correction Center; a Case Management Assistant at Seattle Municipal Court; and an intern at the Yakama Nation Prosecutor’s Office. She will be applying to law school this fall.

Galanda Broadman, PLLC, “An Indian Country Law Firm,” is dedicated to advancing tribal legal rights and Indian business interests. The firm, which is headquartered in Seattle, Washington and also has offices in Bend, Oregon, represents tribal governments, businesses and members in critical litigation, business and regulatory matters, especially in matters of Indian Treaty rights, tribal sovereignty and taxation.

A Look Back: Internet Gaming and "Indian Lands"

Anthony Broadman's materials from the 10th Annual Northwest Gaming Law Summit held last week in Seattle are available.  With the scrapping this week of the Reid-Kyl Internet poker bill, the outlook for online gaming in general, and tribal online gaming specifically, is as cloudy as ever.  These materials examine the approach taken by the NIGC and courts in the early 2000's when Tribes first began exploring regulated online gaming.  The regulatory scheme now in place as a result of these cases will have to be addressed in any federal legislation regarding Internet gaming.

Congress, Protect Native Women NOW

The Violence Against Women Act (“VAWA”) and its protections for Native American women must be immediately sent to President Obama’s desk for signature.  For sake of protecting all American women, including the First American women, the matter should not be delayed another day.  The VAWA Reauthorization must be passed by Congress NOW. Thirty-five years ago, in Oliphant v. Suquamish Indian Tribe (1978), the Supreme Court stripped tribal governments of the power to prosecute non-Indians who enter Indian Country and commit violence against Indian women.  A criminal jurisdictional void has existed in tribal communities ever since.  Last April, the Senate passed S. 1925, a VAWA Reauthorization bill that would finally restore tribal criminal jurisdiction over the perpetrators of these attacks.  The bill was passed with bipartisan support.

In May, however, the Republican-controlled House introduced its version of the VAWA, H.R. 4970, which omitted the Senate’s tribal provisions.  On May 16, the House passed H.R. 4970, without including the tribal jurisdiction provisions.  The bill passed strictly on party lines.

Since then, the VAWA reauthorization has lingered.  And, apparently, it is not due to partisan politics at this time.  This year’s elections saw women voters re-elect Barack Obama for a second term, send more women than ever before to Congress, and deliver a powerful message to the GOP that they need to do a better job of appealing to women.

On December 3rd, as a result of that American female mandate, Republican House Members Darrell Issa, Tom Cole, Mike Simpson, John Kline and Patrick McHenry changed their position on tribal jurisdiction over non-Indian abusers in Indian Country; they introduced H.R. 6625, a bill that includes the tribal jurisdiction provision, provided that a defendant can remove the case to federal court if he believes his rights have been violated by a tribal government.

On December 6th, Senate Judiciary Chairman Patrick Leahy confirmed that all issues have been resolved to get the VAWA reauthorization bill passed, except for the tribal jurisdiction provision.  On December 11, ten House Republicans broke ranks to sign a letter urging House Speaker John Boehner and House Majority Leader Eric Cantor to take up and pass a bill including the provisions of S. 1925.

Just today, December 18, all twelve Democratic Senate women joined together to call on the women of the House Republican Conference to work with their leadership and finally pass a VAWA with tribal protections.  The letter notes that S. 1925 “is widely supported by law enforcement officials, victims’ advocate groups, and the public at large.”  Indeed, the letter goes on, “until now, this bill has been among the most broadly supported measures considered in both the House and Senate and has only become more so over time. . . . Support for the legislation’s renewal in 2000 [garnered] a 95-0 vote in the Senate, and a 371-1 vote in the House.  And an even stronger consensus emerged in 2005, with unanimous approval in the Senate, and a 415-4 vote in the House.”

The letter then reminds House Republicans of the directive set by American women voters: “In 2013 and beyond, the women of the House and Senate are primed to play an even larger role in guiding national policy and we should do so by working across party lines. . . . All women should be protected and introducing into this legislation the notion that some women subject to violence deserve to be protected while others do not is something we believe we can all agree is unacceptable.  We should not pick and choose which victims of abuse to help and which to ignore.”

Things are coming together for a VAWA reauthorization.

It appears that Rep. Cantor’s unwavering stance on the issue is all that stands in the way.  According to the Huffington Post, Vice President Joe Biden, sponsor of the original 1994 VAWA, has been in meetings with Rep. Cantor to get a deal done.  But “Cantor is refusing to accept any added protections for Native American women that would give expanded jurisdiction to tribes.”  Rep. Cantor needs to stand down.

The 112th Congress will end on January 3, 2013.  And unless the VAWA reauthorization bill is passed with the tribal provisions intact, there will be no VAWA reauthorization.  According to the White House, the President will veto any VAWA reauthorization bill that does not include protections for Indian Country domestic violence victims.

The time is now for VAWA reauthorization.  Native women cannot wait any longer.  Please tell House Republicans to urge Rep. Cantor to allow a VAWA that includes tribal protections, here.  Majority Leader Cantor can also be reached at 202.225.2815.

Ryan Dreveskracht is an Associate at Galanda Broadman PLLC, of Seattle, an American Indian majority-owned law firm. His practice focuses on representing businesses and tribal governments in public affairs, energy, gaming, taxation, and general economic development. His forthcoming work, “Congress' Treatment of The Violence Against Women Act: Adding Insult to Native Womens' Injury” will be published in the University of Miami Race and Social Justice Law Review.  He can be reached at 206.909.3842 or ryan@galandabroadman.com.

Kevin Washburn, Tracie Stevens, Ernie Stevens to Address Gaming Law Summit in Seattle

This Thursday and Friday, December 13 and 14, United States and Native Nations leaders will meet to discuss various emerging legal, regulatory, political and economic issues impacting the Indian gaming industry, at the 10^th Annual Gaming Law Summit in Seattle.

“Now in our tenth year, we are thrilled to attract some of the most influential Indian gaming authorities from Washington, DC and from Indian Country to the Summit,” said conference co-chair Gabe Galanda, an Indian lawyer and partner at Galanda Broadman in Seattle.  “We are proud that the Summit has become the most authoritative gaming law educational seminar in the country.”

This year’s lineup of speakers include:

• U.S. Department of the Interior Assistant Secretary of Indian Affairs Kevin Washburn
• National Indian Gaming Commission Chairwoman Tracie Stevens
• National Indian Gaming Association Chairman Ernie Stevens
• U.S. Department of the Interior Deputy Assistant Secretary of Indian Affairs Lawrence Roberts
• Washington Indian Gaming Association Chairman Ron Allen
• Cowlitz Tribal Council Vice Chairman Phil Harju
• Tulalip Tribal Board of Directors Secretary Glen Gobin
• San Manuel Tribal Gaming Commissioner Norm DesRosiers

  Those hot topics that will be discussed include:

• iGaming in Indian Country
• Fee-to-Trust Transactions for Gaming Development
• The U.S. Supreme Court’s recent Patchak decision
• Indian gaming commercial financing trends amidst the Great Recession

Northwest Tribal Law Firm Galanda Broadman Named to "Best Boutiques"

Lawyers of Color has honored Galanda Broadman, PLLC, with listing in its Big Book of the Best Boutiques (B4), an exclusive list of the top minority law firms in each state. This honor follows several other recent honors for Galanda Broadman and its lawyers. Last month, Galanda Broadman recently received a prestigious Tier 1 ranking in the 2013 Edition of U.S. News - Best Lawyers “Best Law Firms,” in the arena of Native American Law. In addition, firm co-founder Gabe Galanda was named to The Best Lawyers in America in the practice areas of both Gaming Law and Native American Law, for the seventh straight year. Gabe was also recently named a "Difference Maker" by the American Bar Association.

Galanda Broadman, PLLC, “An Indian Country Law Firm,” is dedicated to advancing tribal legal rights and Indian business interests. The firm, which is headquartered in Seattle, Washington and also has offices in Bend, Oregon, represents tribal governments, businesses and members in critical litigation, business and regulatory matters, especially in matters of Indian Treaty rights, tribal sovereignty and taxation.

Gabe is an enrolled member of the Round Valley Indian Tribes of California. He currently sits on the National Native American Bar Association (NNABA) Board of Directors, chairing the group’s “Include Indian Law on State Bar Exams” Initiative, and co-chairing its “Increase Natives and Tribal Court Judges in the Judiciary” Initiative. Gabe is a past President of the Northwest Indian Bar Association and past Chair of the Washington State Bar Association (WSBA) Indian Law Section.

Anthony is the immediate past Chair of the WSBA Administrative Law Section, and author of “Administrative Law in Washington Indian Country.” He is a former Trustee of the WSBA Indian Law Section, and also serves as Editor-in-Chief of the Section’s Indian Law Newsletter. Anthony has been named a Rising Star by Washington Law & Politics-Super Lawyers magazine.

Ryan Dreveskracht is a firm associate. Prior to joining Galanda Broadman he was a law clerk to the Honorable Kathleen Kay, in the U.S. District Court for the Western District of Louisiana. Ryan has published ten journal and law review articles in 2011-12 alone, on issues like tribal renewable energy, and has served as the Managing Editor for the National Lawyer’s Guild Review since 2010.

Indian Country Lawyers Galanda Broadman Open Bend, Oregon Office

Gabriel S. Galanda and Anthony S. Broadman are excited to announce that they have opened a new Galanda Broadman, PLLC, office in Bend, Oregon. Anthony, who is licensed to practice law in Oregon, will manage the firm's new satellite office. Galanda Broadman recently received a prestigious Tier 1 ranking in the 2013 Edition of U.S. News - Best Lawyers “Best Law Firms,” in the arena of Native American Law.

Galanda Broadman, PLLC, “An Indian Country Law Firm,” is dedicated to advancing tribal legal rights and Indian business interests. The firm, which is headquartered in Seattle, Washington, represents tribal governments, businesses and members in critical litigation, business and regulatory matters, especially in matters of Indian Treaty rights, tribal sovereignty and taxation.

Gabe is an enrolled member of the Round Valley Indian Tribes of California. He currently sits on the National Native American Bar Association (NNABA) Board of Directors, chairing the group’s “Include Indian Law on State Bar Exams” Initiative, and co-chairing its “Increase Natives and Tribal Court Judges in the Judiciary” Initiative. Gabe is a past President of the Northwest Indian Bar Association and past Chair of the Washington State Bar Association (WSBA) Indian Law Section. Gabe has been named to The Best Lawyers in America in the practice areas of both Gaming Law and Native American Law, from 2007 to 2013.

Anthony is the immediate past Chair of the WSBA Administrative Law Section, and author of “Administrative Law in Washington Indian Country.” He is a former Trustee of the WSBA Indian Law Section, and also serves as Editor-in-Chief of the Section’s Indian Law Newsletter. Anthony has been named a Rising Star by Washington Law & Politics-Super Lawyers magazine.

Ryan Dreveskracht is a firm associate. Prior to joining Galanda Broadman he was a law clerk to the Honorable Kathleen Kay, in the U.S. District Court for the Western District of Louisiana. Ryan has published ten journal and law review articles in 2011-12 alone, on issues like tribal renewable energy, and has served as the Managing Editor for the National Lawyer’s Guild Review since 2010.