No other national large firm can boast both a full-service American Indian law practice and a nationally renowned Supreme Court & Appellate practice. Our practitioners collaborate closely to offer clients the benefit of the combined knowledge and experience of these highly esteemed practices.

Our American Indian Law & Policy practice provides legal and strategic advice to American Indian tribal governments and other entities that share a commitment to tribal political empowerment, sovereignty and economic development. Our lawyers and consultants design legal strategies, defend tribal rights and formulate public policy recommendations that make it possible for our tribal clients to accomplish their business, legal and political goals.

We are well situated to blend the depth of our American Indian experience with our firm’s appellate experience, top-flight advocacy skills and hands-on approach to litigation.

Listed by Chambers and The Legal 500 as a leader in the field, our appellate practice was recently ranked by Corporate Counsel as one of the top three appellate practices nationwide and by Law360 as a Practice of the Year. A mainstay on The National Law Journal’s Appellate Hot List, Akin is also recognized nationally in Tier 1 in the U.S. News & World Report and Best Lawyers’ sixth annual joint ranking of America’s Best Law Firms.

Our industry-leading appellate practice has extensive experience in areas of key concern to American Indians. Whatever the issue—the protection of treaty rights, gaming eligibility determinations, water rights litigation, settlement negotiations, sovereignty issues, environmental issues, treaty rights violations, Indian Child Welfare Act issues, natural resource damage claims and the management of tribal lands, to name a few—we can assist tribes in effectively protecting their rights.

Our Team

Our appellate practice is nationally recognized as comprising “experienced practitioners with a wealth of expertise at state, federal and Supreme Court levels,” demonstrating “considerable strengths in Native American law” (Chambers USA 2020).

Leading that appellate charge is Pratik Shah, who has argued 18 cases before the U.S. Supreme Court and dozens more in federal courts of appeals across the country. Elected into the American Academy of Appellate Lawyers, Pratik is ranked among the country’s top appellate litigators by a number of leading publications. He has been noted as “practicing before the highest court in the land on some of the most groundbreaking cases of the 21st century” (Washington Business Journal) and recognized as “incredibly intelligent with a total command of appellate issues” (Chambers USA).

Pratik recently prevailed in the U.S. Supreme Court on behalf of the Match-E-Be-Nash-She-Wish Band of Pottawatomi Indians (“Gun Lake Tribe”) after developing an innovative approach focused on separation-of-powers and sovereign immunity that carried the tribe to victory (and which garnered a profile in a “How They Won It” feature).

Pratik has also successfully handled numerous federal court appeals on behalf of Indian tribes (including three consecutive 9th Circuit victories and a recent but rare en banc grant in the 1st Circuit). In addition, during his tenure as an Assistant to the Solicitor General in the U.S. Department of Justice prior to joining Akin, Pratik received the Environment and Natural Resources Division’s “Special Commendation” for his work on American Indian cases.

The team of appellate lawyers joining Pratik is composed of former clerks from the Supreme Court and federal courts of appeals. In addition to serving as primary drafter in the recent Supreme Court victory for the Gun Lake Tribe, partner James Tysse has represented and counseled tribes in litigation—often developing high-stakes trial strategy with an eye towards appeal. Appellate partner Julius Chen has successfully briefed and argued appeals and counseled tribes on critical issues like the Indian Child Welfare Act.

This deep bench—working hand-in-glove with Akin’s American Indian law experts and litigators—ensures that every case we handle is fortified by a wealth of on-the-ground experience and a critical understanding of how to frame appeals for successful resolution in favor of our tribal clients.

Representative Matters

Our experience representing American Indian tribes in Supreme Court and appellate matters includes the following:

  • Succeeded as lead counsel for the tribe in an important tribal rights and separation-of-powers case (Patchak v. Zinke).
  • Successfully secured an en banc petition on behalf of the tribe in Settlement Acts dispute over reservation boundaries and fishing rights (Penobscot Nation v. Mills). Ongoing representation of the Seneca Nation in a dispute over the state’s use of the New York Thruway through reservation lands (Seneca Nation v. Cuomo, et al.).
  • Successfully represented tribal intervenors in a defense of the Indian Child Welfare Act (Carol Coghlan Carter, et al., Plaintiffs, v. Kevin Washburn, et al.).
  • On behalf of a tribe, successfully defended a Montana Supreme Court victory relating to a water compact against multiple certiorari petitions (Crow Allottees v. United States).
  • On behalf of a tribe, successfully appealed for the tribe’s water rights under a federal consent decree (United States v. Gila Valley Irrigation District).
  • Successfully secured a vacatur of adverse trial judgment for lack of Article III jurisdiction and dismissal of claim for implied easement over the tribe’s reservation (Lyon v. Gila River Indian Community).
  • Successfully represented tribal intervenor in defending an Environmental Protection Agency rule against various statutory and constitutional challenges (Yazzie/The Hopi Tribe v. EPA, Nos. 14-73100, 14-73101, 14-73102, 14-73055 (9th Cir. 2017)).

Supreme Court & Appellate: Indian Tribes Insights

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