Free Consultation: 405-698-3125
Header Background

Sovereignty Is Not Negotiable.

Tribal nations existed before the Constitution. The inherent powers they retained deserve vigorous legal defense against every attempt—legislative, judicial, or contractual—to diminish them.

Protect Your Sovereignty

Defending Tribal Powers

From sovereign immunity litigation to contract structuring, we help tribes maintain the legal protections that self-governance requires. Our practice is built on deep respect for tribal nationhood and practical experience defending it.

Sovereign Immunity Defense

When tribes are sued, we move to dismiss based on sovereign immunity. We've successfully defended tribes against claims that would have exposed governmental assets to judgment.

Contract Structuring

Commercial agreements can either protect or erode sovereignty. We draft and review contracts to ensure limited immunity waivers, tribal forum clauses, and tribal law provisions.

Jurisdictional Analysis

Post-McGirt Oklahoma has unique jurisdictional complexity. We analyze whether state, federal, or tribal courts have jurisdiction—and litigate to establish the right forum.

Tribal Court Representation

We practice in tribal courts and understand how tribal legal systems operate. When disputes belong in tribal court, we represent clients effectively within that framework.

Enterprise Structuring

How tribal businesses are organized affects whether they share the tribe's immunity. We help structure enterprises to balance commercial objectives with sovereignty protection.

Regulatory Defense

When states or federal agencies overreach, we push back. Tribal self-governance includes the power to regulate activities on tribal land without outside interference.

The Foundation of Self-Governance

Sovereign immunity isn't a technicality or a loophole. It's a recognition that tribes are governments—with all the powers and protections that status implies. Every contract signed, every lawsuit defended, and every regulatory dispute resolved either strengthens or weakens that foundation.

We approach sovereignty work with the understanding that what happens in one case affects tribal legal positions everywhere. Our goal isn't just to win individual matters—it's to help build a body of law that recognizes and respects tribal nationhood.

All Tribal Law ServicesRead: Sovereign Immunity Explained →
Inherent Sovereignty
Pre-Constitutional
Powers Retained

Frequently Asked Questions

Tribal sovereign immunity is the legal principle that Indian tribes, as sovereign nations, cannot be sued without their consent. This immunity derives from the inherent sovereignty that tribes possessed before European contact and that has never been extinguished. It protects tribes from lawsuits in federal, state, and tribal courts unless the tribe has explicitly waived immunity.
Yes. Tribes can voluntarily waive their sovereign immunity through contracts, compacts, resolutions, or tribal law. However, waivers must be express and unequivocal—courts will not infer a waiver from ambiguous language. Well-drafted waivers are limited in scope, specifying the claims covered, the forum, and any caps on damages.
It depends on how the business is structured. Entities that function as 'arms of the tribe'—closely tied to tribal government, serving governmental purposes—generally share the tribe's immunity. Separately incorporated entities with greater independence may not. The determination is fact-intensive and varies by jurisdiction.
State authority on tribal land is limited. Under the 'Bracker balancing test,' courts weigh federal and tribal interests against state interests to determine whether state regulation is preempted. In most cases, core governmental and commercial activities by tribes on their own land are beyond state regulatory authority.
Jurisdictional questions in Indian country are complex and depend on the type of case (civil, criminal, regulatory), the parties involved (Indian, non-Indian), and the nature of the land. Federal law, particularly McGirt v. Oklahoma, has significantly impacted these determinations in Oklahoma. Proper jurisdictional analysis is essential before litigation.
Federal courts have exclusive jurisdiction over many Indian law matters under 28 U.S.C. § 1362 and other federal statutes. The Tenth Circuit has developed substantial case law on tribal sovereignty, and we regularly practice in federal court on sovereignty-related matters.

Defend Your Nation's Sovereignty.

Whether facing litigation, structuring deals, or addressing jurisdictional disputes, we're ready to help protect your tribe's inherent powers.

Schedule a Consultation