economic development – Page 27

The goal of this conference is to explore the issues surrounding the development of Tribal Digital Sovereignty and e-commerce in Indian Country. Experts will examine the shifting political, legal and tax landscape in Indian Country, explore modern business models including: tribal operation of technology and data centers, online lending, online sports betting, blockchain technology and crypto currencies. We will also review jurisdictional and regulatory complexities and address the necessity of fostering open dialogue with federal and state counterparts, and the possible implications to tribal sovereignty, and the ongoing need for tribes to finance and build infrastructures that facilitate economic growth on their reservations while complying with appropriate federal guidelines. Attorneys, scholars, financiers, tax, technology and gaming experts along with innovative tribal leaders will share strategies and practical implementations of diverse business models of current and future e-commerce and infrastructure enterprises to bridge the digital divide.

Who should attend: Tribal leaders, tribal government council members, lawyers practicing in Indian Country on and off the reservation, economic planning and development experts, media developers, business, finance and technology specialists, virtual casino managers & executives, online vendors and entrepreneurs, regulatory experts, scholars and students of Indian law.

Agenda & registration at: http://events.asucollegeoflaw.com/ilp-wiringtherez/

Early Rate ends on Jan. 4, 2019

Regular Rate ends Jan. 25, 2019

Non-Profit & Government Rate available

Please join us in sunny Phoenix in January! Registration is open.

Student Scholarship on the Allergan/Mohawk Case

November 13, 2018Matthew L.M. Fletcher

Seth W. R. Brickey has published “Rent-A-Tribe: Using Tribal Immunity to Shield Patents from Administrative Review” in the Washington Law Review.

Here is the abstract:

In 2017, Allergan Pharmaceuticals entered into an agreement with the Saint Regis Mohawk Tribe (SRMT). Allergan agreed to assign several patents to SRMT and to pay an initial sum of $13.75 million and annual royalties of approximately $15 million. SRMT, in exchange, licensed the rights to use the patents back to Allergan and agreed not to waive its tribal immunity in any administrative proceeding challenging the patents. Two outcomes were expected as a result of this Allergan-Mohawk agreement. First, Allergan would retain the rights to manufacture and market a highly profitable drug while insulating the underlying patents from an unforgiving administrative inter partes review (IPR). Second, SRMT would embark on a new business venture of collecting and relicensing patents from third parties, effectively “renting out” its sovereign immunity. The response from lawmakers, the judiciary, the executive branch, and the public at large was acrimonious. The agreement was branded in public forums as a “sham” and the Patent Trial and Appeal Board held the patents assigned to SRMT were not shielded by tribal immunity. This Comment argues the Allergan-Mohawk agreement is a legally effective means of avoiding IPR. Absent an express waiver of tribal immunity by Congress or the tribe itself, a tribe may not be subject to a private claim. This rule extends to IPR proceedings which closely parallel private suits. Therefore, contracts like the Allergan-Mohawk agreement effectively shield patents from IPR.

Oral Argument Transcript in Cougar Den Case

October 31, 2018Matthew L.M. Fletcher

Here.

Briefs and other materials here.

New piece on the cultural and social effects of tribal extractive development

October 24, 2018Ann Tweedy

Carla Fredericks, Kate Finn, Erica Gajda, and Jesse Heibel have published “Responsible Resource Development: A Strategic Plan to Consider Social and Cultural Impacts of Tribal Extractive Industry Development” in Harvard Journal of Law & Gender Online. Here.

New Scholarship on Tribal Bankruptcy

October 3, 2018October 3, 2018Matthew L.M. Fletcher

Laura Coordes has posted “Beyond the Bankruptcy Code: A New Statutory Bankruptcy Regime for Tribal Debtors,” forthcoming in the Bankruptcy Developments Journal, on SSRN.

Here is the abstract:

Native American tribes and tribal businesses play an important role in U.S. commerce, but many of these entities are effectively prohibited from filing for bankruptcy relief when financial distress occurs. This Article demonstrates how and why the Bankruptcy Code is a poor fit for these “tribal debtors” and suggests that Congress enact a new statutory regime to provide structured debt relief for these entities rather than modify the Bankruptcy Code.

Although this proposal is novel with respect to tribal debtors, Congress has looked beyond the Bankruptcy Code to provide debt relief when use of the Code would be inapt on two other recent occasions: the passage of the Dodd-Frank Act and PROMESA. Using tribal debtors as an example, this Article investigates whether and how this practice might continue and what it might mean for the bankruptcy system writ large.