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Keeping Tribal Business Partners Close – And Their Lawyers Closer, Ryan D. Dreveskracht
Keeping Tribal Business Partners Close – And Their Lawyers Closer, Ryan D. Dreveskracht
Ryan Dreveskracht
Tribes, in appropriate instances, should ensure that their non-Indian business partners have engaged attorneys that are familiar with the fundamental principles of Indian law. Although this strategy may seem counterintuitive, a tribal party should pause during the deal to consider the old adage that “bad facts make for bad law,” while also accepting that commercial disputes are inevitable, especially in modern economic times. The tribal party should also pause to consider that it is increasingly appropriate to litigate these disputes on the merits, rather than bank on seeking a quick dismissal on Indian jurisdictional grounds – a dismissal that will …