Team

Andrew Adams III

Member

Andrew Adams III is a citizen of the Muscogee (Creek) Nation and member of the TvlahasseWvkokaye Ceremonial Grounds. Andrew has experience in the areas of federal Indian law, tribal constitutional law, tribal governance, litigation, gaming law, complex financial transactions, tax issues related to Tribal governments and individual tribal members, business law, employment law, treaty hunting, fishing, and gathering law, and government relations.

Andrew currently serves as Justice of the Muscogee (Creek) Nation Supreme Courtand Justice on the Gun Lake Tribal Supreme Court. Andrew currently serves as a Board Member for the Minnesota American Indian Bar Association, and previously served on the Board for the Federal Bar Association Indian Law Section and State Bar of Wisconsin Indian Law Section. Andrew has regularly lectured on Indian-law issues at seminars and conferences nationally. Additionally, Andrew is a qualified neutral under Rule 114 of the General Rules of Practice for Minnesota.

When Andrew is not at the office, he enjoys spending time with his children, visiting with family & friends, golf, being outside, coaching youth sports, hunting, traveling, playing flag football, watching football, stomp dances, pow wows, chilling on a beach, and running on a treadmill & outside.

 

Bar Admissions:

  • Minnesota
  • Oklahoma
  • Wisconsin
  • U.S. Supreme Court
  • 1st Circuit Court of Appeals
  • 6th Circuit Court of Appeals
  • 7th Circuit Court of Appeals
  • U.S. District Court for the District of Columbia
  • U.S. District Court for the Eastern District of Michigan
  • U.S. District Court for the Western District of Michigan
  • U.S. District Court for District of Minnesota
  • U.S. District Court for the Eastern District of Oklahoma
  • U.S. District Court for the Northern District of Oklahoma
  • U.S. District Court for the Western District of Oklahoma
  • U.S. District Court for the Western District of Wisconsin
  • Ho-Chunk Nation
  • Lac Courte Oreilles Band of Lake Superior Chippewa
  • Lac du Flambeau Band of Lake Superior Chippewa
  • Lower Sioux Indian Community
  • Muscogee (Creek) Nation
  • Saginaw Chippewa Indian Tribe of Michigan
  • St. Croix Chippewa Indians of Wisconsin
  • Stockbridge-Munsee Community

Education:

  • J.D., University of Wisconsin, 2006
  • M.A., University of Michigan, 1999
  • B.A., University of Michigan, 1996.

Honors and Awards:

  • Best Lawyers (2015-present)
  • Minnesota Super Lawyers (2020-2024)
  • Rising Star, Minnesota Super Lawyers (2015-2016)
  • Ranked by Chambers, 2019-2024

 

Andrew’s Indian law experience includes

  • Lead counsel and negotiator for Wisconsin tribe in successfully obtaining an amendment to their gaming compact with the State of Wisconsin to allow for class III retail and mobile/internet sports betting across the Tribe’s entire treaty defined reservation.
  • Jacobs v. Creapeau and Stockbridge-Munsee Police Department (EDWI, case no 2:24-cv-00212-WCG).  Lead counsel in case before Eastern District of Wisconsin federal court where Tribe prevailed in motion to dismiss case based on sovereign immunity.
  • Lac du Flambeau Band of Lake Superior Chippewa Indians et al. v. Coughlin (U.S., case no. 22-227).  Lead federal Indian law counsel on briefs before U.S. Supreme Court in case dealing with the question of whether the Bankruptcy Code unequivocally abrogates tribal sovereign immunity.
  • Mestek v. Lac Courte Oreilles Community Health Center, No. 22-2077 (7th Cir., 2023).  Argued Tribe’s case before the Seventh Circuit that lower court correctly dismissed case since sovereign immunity bars False Claims Act lawsuit.
  • Pollard et. al. v. Johnson et al., No. 3:23-cv-135 (W.D. Wisconsin 2023).  Representing all Lac du Flambeau Tribal Council Members in lawsuit brought by individual landowners over expired roadway easements on the Lac du Flambeau Indian Reservation.
  • Mestek v. Lac Courte Oreilles Community Health Center, No. 21-cv-5412-wmc, 2022 WL 1568881 (W.D. Wisconsin 2022).  Secured dismissal of False Claims Act suit against tribally-owned health clinic and officials on sovereign immunitygrounds.
  • St. Croix Chippewa Indians v. Stuart Bearheart; Carmen Bugg; Duane Emery; Elmer Emery; Lawrence Larsen; Leva Oustigoff; Crystal Peterson; Jeff Taylor;  and Kate Wolfe Taylor, No. 20-CV-200-211 (St. Croix Tribal Court, (2020 – present).  Representing tribal government in civil actions seeking restitution for the misapplication of casino & tribal funds by past elected officials and employees.
  • Coughlin v. Lac du Flambeau Band of Lake Superior Chippewa Indians et al., 33 F.4th 600 (1st Cir., 2022).  Argued Tribe’s case before First Circuit that bankruptcy court correctly dismissed case upon holding that the Bankruptcy Act does not abrogate tribal sovereign immunity.
  • Represent Tribal government in negotiations with multiple internet gaming vendors for implementation of online casino & sports book under recent Michigan laws.
  • Successful representation of multiple Tribal governments in compact amendment and MOU negotiations with the State of Wisconsin.
  • Fitzgerald v. Wildcat, et al., No. 3:20CV00044 (W.D. Virginia 2020 – present).  Representing tribal official in civil action under the Racketeering Influenced and Corrupt Organizations Act and state usury laws.
  • In re Coughlin, No. 19-14142-FJB, 2020 WL 6140388 (Bank. D. Mass. 2020 – 2021). Successfully urged federal bankruptcy court to dismiss claim for violation of the automatic stay in a bankruptcy proceeding, arguing that the Bankruptcy Code does not abrogate tribal sovereign immunity.
  • Miller v. Stockbridge-Munsee Community, Case No. 2017-AA-0004 (Stockbridge-Munsee Tribal Court 2017-2021).  Defending the Tribe in alleged wrongful termination action brought by ex-casino employee.
  • Jones v. Wildcat et al., No. 19-CV-2493-JS (E.D. Penn. 2019 – 2021). Representing tribal official in civil action under the Racketeering Influenced and Corrupt Organizations Act and state usury laws.
  • Lac Courte Oreilles Band of Lake Superior Chippewa Indians, Lac du Flambeau Band of Lake Superior Chippewa Indians, Red Cliff Band of Lake Superior Chippewa Indians, Bad River Band of Lake Superior Chippewa Indians v. Governor Evers et al. (W.D. Wisc., Case No. 18-CV-0992; 2018 – present). Representing the tribes in action to stop the unlawful taxation of fee lands owned by the tribes and individual tribal members within the exterior boundaries of their respective reservations as protected by the 1854 Treaty with the Chippewa.
  • Lac du Flambeau Band of Lake Superior Chippewa Indians v. McKesson Corporation et al. (W.D. Wisc. Case No. 18-cv-00228; 2018 – present). Indian law and local counsel to Tribe’s lawsuit against major pharmaceutical manufacturers and distributors of opioid-based products which have had a disparate & negative impact on Tribe’s Reservation and Tribal Members.
  • Lac Courte Oreilles Band of Lake Superior Chippewa Indians v. McKesson Corporation et al. (W.D. Wisc. Case No. 18-cv-00286; 2018- present).  Indian law and local counsel to Tribe’s efforts to keep lawsuit in State court against major pharmaceutical manufacturers and distributors of opioid-based efforts to remove to federal court.
  • Lac Courte Oreilles Band of Lake Superior Chippewa Indians v. McKesson Corporation et al. (Sawyer County Circuit Court Case No. 2018CV000040;  2018 – present).  Indian law and local counsel to Tribe’s lawsuit against major pharmaceutical manufacturers and distributors of opioid-based products which have had a disparate & negative impact on Tribe’s Reservation and Tribal Members.
  • Little Traverse Bay Bands of Odawa Indians v. Snyder (W.D. Mich. 2015 – 2019). Representing the Tribe in suit for recognition of treaty-defined reservation boundaries.
  • Bruguier v. Lac du Flambeau Band of Lake Superior Chippewa Indians. Secured dismissal of Title VII suit against tribe on immunity, applicability, and administrative-exhaustion grounds. 2017 WL 684230 (W.D. Wis. Feb. 21, 2017).
  • Harris v. Lake of the Torches Resort & Casino. Represented the tribal corporation in successfully arguing for vacatur of judgment against tribal casino because the casino was immune from suit, and in protecting the sovereign-immunity win on appeal. Vacatur affirmed at 2015 WL 1014778 (Wis. Ct. App. March 10, 2015).
  • Saginaw Chippewa Indian Tribe of Michigan v. Coastal Wine Merchants (Opposition No. 91210751, USPTO Trademark Trial and Appeal Board, 2013).  Represented Tribe in successful opposition and termination of corporation’s applied for mark that infringed on Tribe’s registered mark.
  • Saginaw Chippewa Indian Tribe of Michigan v. Hebei Red Eagle Industrial and Trade Co. Ltd.  (Cancellation No. 92057445, USPTO Trademark Trial and Appeal Board, 2013).  Represented Tribe in successful termination of Chinese corporation’s mark that infringed on Tribe’s registered mark.
  • Saginaw Chippewa Indian Tribe of Michigan v. UAW (NLRB).  Representing Tribe in administrative action challenging the NLRB’s application of the National Labor Relations Act to tribe’s casino.
  • Saginaw Chippewa Indian Tribe of Michigan v. National Labor Relations Board (Federal District Court, Eastern District of Michigan, 2011).  Represented Tribe in suit challenging the NLRB’s application of the National Labor Relations Act to tribe’s casino.
  • St. Croix Casino – Danbury. Represented Tribe in $60M DOI guaranteed financing, construction, federal and state regulatory compliance, and all other legal issues related to building and opening new casino. (2010)
  • St. Croix Chippewa Indians of Wisconsin v. Kempthorne et al. (United States District Court, District of Columbia, 2008).  Represented Tribe in dispute with the federal government over changes made to regulations governing the application and approval process for tribal off-reservation casinos.

Publications:

Presentations

  • The Shifting Jurisdictional Landscape in Indian Country: SCOTUS’s Decision in Oklahoma v. Castro-Huerta, Minnesota State Bar Association; Saint Paul, MN (2022)
  • Expanding the Market: Moving Beyond Tribal Government Gaming; Global Gaming Expo, Las Vegas, NV (2022)
  • Treaties, Reservation Boundaries, and Territorial Power, 2021 Wisconsin Law Review Symposium, Madison, WI (2021)
  • Tribal Court Attorney Regulation: Nation- Building Concerns, 50th Annual National American Indian Court Judges Association Conference, Prior Lake, MN (2019)
  • Sports Betting in the Black & Blue Division: Tribes v. States, 8th Annual Indian Law Conference, State Bar of Wisconsin Indian Law Section, Wisconsin Dells, WI (2019)  Materials
  • Tribal Treaty Rights: Reservation Boundaries, Hunting and Fishing, and the U.S. Supreme Court, Mitchell Hamline School of Law Tribal Courts and Treaty Rights Conference, Saint Paul, MN (2018)
  • Indian Gaming Regulatory Act at 30: The Future of Lands Eligible for Gaming, Compacts and Indian Gaming, National Indian Gaming Tradeshow & Convention, Las Vegas, NV (2018)
  • Off-Reservation Fee to Trust Acquisitions: Litigation Update, Minnesota American Indian Bar Association / MINNCLE Indian Law Conference, Prior Lake, MN (2018)
  • Nuts & Bolts: Being a Tribal Appellate Justice, 49th Annual National American Indian Court Judges Association Conference, Pueblo of Isleta, NM (2018)
  • State Online Lotteries vs. Tribal Casinos, 14th Annual Northwest Gaming Law Summit, Seattle, WA (2016)
  • Regulating Attorneys in Tribal Courts Ethics Panel, Federal Bar Association Indian Law Conference, Phoenix, AZ (2016)
  • Understanding Diverse Cultures and Working with Diverse Lawyers and Clients, MINNCLE Upper Midwest Employment Law Institute, St. Paul, MN (2015)
  • Cultural Competence for Business Lawyers, MINNCLE Business Law Institute, Minneapolis, MN (2015)
  • Tribal Sports/Boxing Commissions, Tribal Boxing Regulators Conference, Hinckley, MN (2014)
  • Major Recent Cases on Tribal Sovereignty: Michigan v. Bay Mills Indian Community, Law Seminars International, Prior Lake, MN (2014)
  • Employment Law in Indian Country: A Case of Competing Sovereigns, Law Seminars International, Prior Lake, MN (2014)
  • Developing an Effective Organizational Structure and Strategic Economic Development Plan, Law Seminars International, Prior Lake, MN (2014)
  • Tribal Sports Commissions, Wisconsin Gaming Regulators Conference, Lac du Flambeau, WI (2013)
  • Tribal Gaming Regulatory Challenges, Wisconsin Gaming Regulators Conference, Lac du Flambeau, WI (2103)
  • Unions in Indian Countryand the Role of Tribal Gaming Regulators, Oklahoma Tribal Gaming Regulators Association Conference, Thackerville, OK (2013)
  • FMLA: Caselaw Update and Topics of Interest, National Native American Human Resources Association, Quapaw, OK (2013)
  • Internet Gaming, State Lotteries, & Jurisdiction, Minnesota CLE Indian Law Conference, Welch, MN (2012)
  • Digital Mapping—Internet Gaming (Moderator), Federal Bar Association Indian Law Conference, Pueblo of Pojoaque (2012)
  • Trans-Boundary Resolutions: the Saginaw Chippewa Model for Inter-Governmental Jurisdictional Agreements (Moderator), Federal Bar Association Indian Law Conference, Pueblo of Pojoaque (2012)
  • Internet Gaming and Tribal Casinos, Oklahoma Tribal Gaming Regulators Association Conference, Thackerville, OK (2011)
  • Ethical Issues Facing the In-House Attorney (Moderator), Minnesota CLE Indian Law Conference, Hinckley, MN (2011)
  • Internet Gaming and Tribal Casinos, Midwest Tribal Internet Gaming Summit, Danbury, WI (2011)
  • Internet Gambling, Indian Casinos, & Tribal Implications, Muscogee (Creek) Nation Doing Business in Indian Country, Tulsa, OK (2011)
  • Protecting Player Data, Oklahoma Indian Gaming Association Conference & Tradeshow, Tulsa, OK (2011)
  • Future of Off-Reservation Gaming, University of Wisconsin Law School, Madison, WI (2010)
  • Gaming Commission Administrative Hearings, National Tribal Gaming Commissioners/Regulators Conference, Green Bay, WI (2010)
  • Off-Reservation Gaming: Commutable Distance v. Self Sufficiency, Federal Bar Association Indian Law Conference, Pueblo of Pojoaque (2009)
  • Taxing Tribal Corporations or LLC’s (On and Off Reservations), Tax Management for Tribes, Law Seminars International, Minneapolis, MN (2009)
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