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Indian and Tribal Law


Todd & Weld is deeply committed to tribal sovereignty and the recognition of tribal rights.  We represent tribal interests in federal, state, and tribal courts concerning a diverse range of issues, including tribal sovereignty, gaming interests, and internal tribal governance matters.

The firm has the great privilege of representing the federally recognized Mashpee Wampanoag Indian Tribe, and its officials, committees, and members.  Several Todd & Weld lawyers were the first to be sworn into the Tribal Bar to handle matters heard in the Mashpee Wampanoag Tribal Court.  We have advised the Tribal Council, officers, and government committees on drafting and adopting laws, resolutions, and legal documents, and in implementing Tribal law and legal policy. 

As the Tribe has pursued its rights to build a destination resort casino in Massachusetts, the firm, including Founding Partner Howard M. Cooper, worked with the Mashpee Wampanoag and its members in negotiating with the Commonwealth of Massachusetts, representing the Tribe before the Massachusetts Gaming Commission, and communicating with the Department of the Interior concerning the Tribe's federal efforts to obtain trust land. 

The firm represented a tribal member in a lawsuit against a municipality seeking to enforce his ancient aboriginal rights as a Native American under the federal Supremacy Clause to fish and shellfish free from local interference.  We have counseled the Tribe in various state court matters related to torts and other claims.