Attorney Bio

Tribal Law. Tribal Solutions.

BEN

BEN FENNER
Partner

Washington, DC
P: 202.450.4887
F: 202.450.5106
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Mr. Fenner joined the firm as an associate in January 2007 and has practiced solely on behalf of tribes and tribal members since that time. He has appeared in numerous federal, tribal and state courts on a wide variety of issues, including contract disputes, unfair business practices claims, and challenges to election results. He also has experience in PL-638 contract matters and serves as regulatory compliance officer for a Tribal cigarette manufacturer/importer.

Mr. Fenner negotiated a favorable settlement for a Tribal business consortium in a breach of partnership case and won dismissal in litigation brought against a Tribe and Tribal retailers alleging federal and state false advertising and unfair business practices claims. He earned a victory for a Tribal client in the upholding of election results challenged by incumbent, outgoing council members. Mr. Fenner was instrumental in obtaining a victory for a Tribal client against the State of New York in an unlawful tobacco seizure case. He has been involved in the negotiation of tribal-state gaming compacts and gaming development agreements, has served as guest lecturer for a law school course on federal Indian law and has published widely on the topic of federal Indian law.



PRACTICE AREAS:
Trial Advocacy; Contracts; Taxation; Election Law; Gaming; Reservation Economic Development; Tribal Acknowledgment and Recognition; Tribal Sovereignty and Self-Determination; Federal-Tobacco Regulatory Compliance.

ADMISSIONS:
New York; Nebraska; United States District Court for the Northern, Southern, Eastern and Western Districts of New York; Winnebago Tribal Court; Lac Vieux Desert Band of Lake Superior Chippewa Indians Tribal Court.

EDUCATION:
Albany Law School of Union University (J.D., 2006); University of Wisconsin, Madison (B.A., 1997).

PRIOR LEGAL EXPERIENCE:
Law Clerk, Fredericks & Peebles LLP (2006); Legal Aide, Claims Bureau of the New York State Office of the Attorney General (2005-06); Judicial Clerkship, the late Honorable Vincent G. Bradley, New York State Supreme Court (2004); Legal Intern, Child Protection Unit, Connecticut Attorney General′s Office (2004); Paralegal, Alternative Dispute Resolution, Wallace Law Registry (client: Seeger Weiss LLC, Corporate Department) (1999).

REPRESENTATIVE CASES:
Gristede′s Foods, Inc. v. Unkechauge Nation, 2009 WL 4981905 (E.D.N.Y. Dec. 10, 2009); Native American Capital, LLC v. Avondale Investments, LLC, 10-CV-696 (S.D.N.Y. August 12, 2010); Williams v. Lac Vieux Desert Election Board, 10-AP-03 (Lac Vieux Desert Appellate Ct. Dec. 20, 2010); Wanatee v. Sac & Fox Tribe, C 11-44 (N.D. Iowa June 2, 2011). HCI Distribution, Inc. v. New York State Police, 36 Misc. 3d 743, 744, 948 N.Y.S.2d 542, 544 (Sup. Ct. 2012)

ASSOCIATIONS:
Federal Bar Association; New York State Bar Association; Nebraska State Bar Association; Omaha Bar Association; American Bar Association.

TEACHING POSITIONS:
Guest Lecturer, Creighton University School of Law, Spring 2010.

LEGAL AUTHORSHIP: The Uneasy Coexistence of Conservative Justice and Tribal Rights at the Supreme Court, Native American Times, March 20, 2014.; The Misrule of Law: A Recent Supreme Court Ruling Proves Once Again that Indian Country Needs a Strong Tribal Judiciary, Indian Country Today, Nov. 2, 2011, at 34.; Indian Country in Cyber Space: Bella Hess and Commerce Clause Constraints on Interstate, Mail-Order Transactions, 71 Alb. L. Rev. 401-414 (2008).; Indian Country in Cyber Space: Tribal Tax and Regulatory Jurisdiction and Online Business, 12 NO. 5 J. Internet L. 3 (2008).


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