Tribal Economic Development | Business | Finance

Innovative Financial Transactions

Drummond Woodsum has worked on well over $2.5 billion of tribal financings to date, with an additional $900 million of tribal financings expected to close before the end of 2024.  We have been involved in many of the most complex and precedent-setting transactions in Indian Country, representing both borrowers and lenders. Our lawyers have played a significant role in creating solutions to many of the issues that once prevented tribes from borrowing money and accessing capital markets and have advised numerous tribal governments and businesses on structuring and completing financings and refinancings on advantageous terms.

Commercial & Retail Business Development

Economic development is a critical piece of tribal nation-building and self-determination. Drummond Woodsum supports our Tribal Nation clients with economic development by advising on transactional matters necessary for commercial and retail business development on tribal lands, including but not limited to commercial agricultural operations, long-term outlet mall leases, cannabis enterprises, joint ventures for manufacturing, and brand licensing agreements for hotels and restaurants. We represent our tribal clients in all types of investments, corporate acquisitions and sales, joint venture agreements, and partnerships.

Gaming & Resort Management | Development

Indian gaming is a key driver for economic development in Indian County. Drummond Woodsum has been a leader in the field of Indian gaming for decades. We were involved in some of the key litigation to affirm the right of Tribal Nations to conduct gaming. We helped create and continue to represent some of Indian Country’s most successful resort casinos. We have substantial experience and expertise with all aspects of gaming resort legal work, from small tribal casinos to some of the world’s largest gaming resorts. We routinely represent our clients in front of, or in cooperation with, the Department of the Interior, the Department of Justice, and the National Indian Gaming Commission.

Alcohol & Cannabis Ventures

As state and federal laws change, many tribes see new business opportunities in growing, processing, and selling industrial hemp, medical and adult-use marijuana, and other cannabinoids. We offer an unmatched understanding of the nuanced tribal, state, and federal laws affecting this vibrant emerging market. We use a coordinated multidisciplinary approach to solve the complex regulatory, economic, and operational challenges facing our clients across the country.

We also represent tribal breweries, vineyards, and distillers, as well as beverage manufacturers, retailers, and distributors, providing unparalleled legal services to manage risk and navigate legal compliance in all areas of development, operations, acquisitions, and dispositions. We represent established, nationally known companies as well as start-ups and everything in between. Most recently, we led efforts to license and develop the Paskenta Brewery and Distillery at the Rolling Hills Casino on the Paskenta Band of Nomlaki Indian Reservation. This project included negotiation with the State of California Governor’s Office on the application of state regulations and the preemption of state and local taxation.

Structuring Tribal Businesses | Defending Tribal Sovereignty

We regularly assist tribes with evaluating and creating the legal structures — federal, state, and tribally-chartered entities and partnerships — that are commonly used for tribal business enterprises. Our experience helps us guide tribes in understanding and structuring tribal business entities to optimize various tribal governmental needs and objectives. We work with clients to select business structures intended to maximize protection for tribal assets while leveraging all corporate and tax advantages available to tribes under federal and tribal law. We can also assist with drafting LLC and Corporate Codes, and the restructuring of existing tribal corporate entities to better protect tribal assets from third parties.

8(a) Government Building & Relations

We assist Tribal Nations with the corporate structuring and establishment of tribally-owned businesses and assist in the enrollment in the SBA 8(a) program. We address concerns as they navigate the SBA’s 8(a) program application and certification process so they may take advantage of contracting benefits provided under this program. We also represent established tribally owned 8(a) program participants with respect to transactional and corporate governance matters.

Tax

We counsel on the full range of federal, state, and Indian tax law issues that arise in structuring strategic, commercial, and financial transactions. Our attorneys add significant value to these transactions by creating tax-efficient structures and providing innovative, practical solutions to the tax issues that challenge our clients, including retirement programs, deferred compensation programs, compliance amendments, 401(k) plans, elder and minor trust issues, trust amendments, general welfare exclusion issues, applications for Department of Labor and Internal Revenue Service approval, and compliance issues.

Health | Wellness

We represent tribal healthcare clinics in every critical aspect of healthcare legal services. Our multi-disciplinary group of attorneys brings practical, efficient, and business-oriented solutions to our clients’ problems. In addition, we represent non-profit organizations who provide public health services in indigenous communities. Our healthcare attorney team advises clients on federal regulatory matters, contracting issues, and employment matters, among other issues.