Native American Gaming Law
Overview
The Native American gaming and hospitality industry continues to expand as new technologies reshape the customer experience and online gaming, and sports wagering grow across additional jurisdictions.
This growth creates new opportunities for gaming and economic development on tribal lands, along with legal and regulatory challenges unique to Indian gaming operations. With extensive experience in Native American gaming law, tribal rights, and the economic and cultural issues affecting Indigenous peoples, Dickinson Wright represents clients in gaming matters throughout the United States and Canada.
Our Team
Our Native American Gaming Law practice includes transactional lawyers, litigators, compliance advisors, lobbyists, engineers, and other professionals with decades of experience in the gaming and hospitality industry. Together, they provide broad experience and practical insight into the issues our clients face.
Members of our team have drafted and helped enact key gaming legislation, including laws streamlining gaming equipment testing and expanding gaming enterprise districts. Dickinson Wright is ranked by Chambers USA® for Gaming Law and is regularly listed in the leading bands for Gaming & Licensing by Chambers Canada® and Chambers Global®.
Our Services
Our Native American gaming attorneys represent tribal casinos, gaming regulatory agencies, vendors, and suppliers in all phases of tribal gaming, including:
Native American Development & Operations
- Negotiating leases for commercial developments on Native American reservations
- Negotiating tribal-state gaming compacts and tribal-municipal casino development agreements
- Assisting casino developers with gaming licenses, constitutional amendments, and gaming legislation
The growing emphasis on social and interactive experiences at casino resorts has increased interest in esports. Gaming authorities are now evaluating potential wagering opportunities associated with these events, creating a need for regulations that protect both operators and customers. Our lawyers have conducted 50-state reviews of esports and social gaming offerings. Depending on the jurisdiction, contests and promotions that may not initially appear to involve gaming can contain wagering elements that violate state or federal law. We help clients evaluate those risks, understand applicable regulations, and structure compliant offerings.
Regulatory Compliance
Our Native American gaming clients rely on us to represent their interests before tribal, state, provincial, and federal agencies. We advise on anti-money laundering requirements, gaming devices, testing and metering systems, wagering systems, liquor licensing, and other industry-specific regulations. Our work includes:
- Assisting with suitability applications, licensing, permitting, and qualification requirements
- Advising on the interpretation and application of federal, state, tribal, and provincial gaming laws and regulations
- Representing clients in regulatory hearings and proceedings before the National Indian Gaming Commission and other regulatory bodies
- Helping gaming equipment manufacturers comply with licensing and jurisdiction-specific requirements governing products, games, and technologies
- Advising on patent, trademark, and copyright protection
Tribal Economic Development
We represent clients in tribal economic development transactions involving gaming, energy, water resources, and other commercial opportunities. Our work includes:
- Negotiating and documenting tribal casino financing
- Securing federal and state approvals
- Advocating for tribal interests and protecting tribal sovereignty
- Developing, procuring, and protecting energy resources
- Acquiring and managing water resources and protecting Indian water rights
- Negotiating agreements with developers and vendors
- Advising on state and federal tax matters affecting Indian tribes, individuals, and lands
Litigation & Dispute Resolution
When disputes cannot be resolved through negotiation, our litigators represent clients in matters ranging from individual disputes to complex multidistrict and multiparty litigation. We focus on practical strategies that protect client interests while managing costs and resources.
We also appear before legislative bodies on behalf of gaming clients and work with legislative and executive officials to secure required approvals and maintain regulatory compliance. Our lawyers represent clients in administrative proceedings and tribal, state, and federal courts in gaming patron, labor, intellectual property, environmental, and related disputes.
Related Practice Areas
We work closely with lawyers across the firm to address related legal and business matters, including:
Representative Matters
- Negotiated tribal-state gaming compacts and tribal-municipal casino development agreements, represented tribal interests nationwide, and advised developers and vendors on contracting with sovereign tribal nations.
- Successfully defended a tribal gaming enterprise in tribal court in litigation brought by former casino executives.
- Secured federal and state approvals required for Native American gaming, including land-to-trust applications, gaming determinations, tribal ordinances, compact negotiations, agreements with city and county governments, and National Indian Gaming Commission approval of financing, development, and management agreements.
- Secured gaming licenses for vendors and suppliers serving tribal casinos.
- Advised tribes on casino financing, including negotiations, opinion letters, and tribal ordinances and resolutions required to complete financing.
- Advised tribes, developers, and manufacturers on drafting and enforcing contracts.
- Drafted legislative amendments and advised First Nations on changes to gaming legislation enacted by the government of Ontario.
- Represented applicants before the Nevada State Contractors Board and regional planning and zoning boards responsible for infrastructure evaluations, variances, and use permits for high-impact projects.