Negotiating and Drafting Dispute Resolution Provisions in Tribal Contracts
Total Credits: 1.5 CLE, 1.5 Ethics
- Average Rating:
- 44
- Categories:
- Alternative Dispute Resolution | Indian Law
- Faculty:
- Doreen Nanibaa McPaul | Harrison William Rice | Chloe Villagomez
- Format:
- Audio and Video
- Original Program Date:
- Mar 19, 2025
Description
A tribe or tribal entity typically enters into hundreds of contracts per year. Negotiating and drafting appropriate dispute resolution provisions in these contracts is an important way that tribes can protect their sovereignty and other interests.
CLE focuses on:
• Identifying and addressing waivers (or potential waivers) of sovereign immunity,
• Crafting appropriate dispute resolution processes, and
• Considering other contractual provisions for preventing and handling disputes.
The discussion will also cover things to keep in mind in drafting indemnification provisions, limitations of liability, governing law provisions, choice-of-forum provisions, and arbitration provisions.
Faculty:
Chloe Thompson Villagomez, Principal, Foster Garvey PC
Chairpersons
Doreen N. McPaul, President, Tribal In-House Counsel Association
Harrison Rice, Assistant Attorney General, Tohono O'odham Nation
Handouts
| Negotiating and Drafting Dispute Resolution Provisions in Tribal Contracts Manual (1.6 MB) | 22 Pages | Available after Purchase |
Faculty
Doreen Nanibaa McPaul Related Seminars and Products
Doreen Nanibaa McPaul is an enrolled member of the Navajo Nation. She is Kinyaa'áanii, born for Bilagáana, her maternal grandfathers are Honaghaahnii, and her paternal grandfathers are Irish. She was born and raised in Chinle, Arizona on the Navajo Reservation. She is a 1995 graduate of Princeton University and earned her Juris Doctorate in 2001 from the Arizona State University College of Law, where she also received a Certificate in Federal Indian Law and served as a staff writer for the ASU Law Journal. After law school, Ms. McPaul clerked at the Arizona Court of Appeals for the Honorable Jefferson L. Lankford (retired). She has diverse experience serving as a tribal court staff attorney, as an associate attorney at the Nordhaus Law Firm in Albuquerque, and as a visiting clinical law professor and Interim Director of the Indian Legal Clinic at ASU. Since 2008, Ms. McPaul has worked as an in-house tribal attorney for several Arizona tribes, including a 4-year appointment as the Navajo Nation Attorney General. Ms. McPaul has nearly 25 years of experience practicing Indian law, and is admitted to practice law in Arizona and New Mexico, as well as before several tribal and federal courts.
Ms. McPaul is a 2013 graduate of the State Bar’s Bar Leadership Institute and remains active in the State Bar and Indian legal community. She currently serves as the President-Elect of the State Bar of Arizona after becoming one of the first American Indians appointed to serve on the State Bar’s Board of Governors in 2018. The Supreme Court of Arizona re-appointed her to the Board in 2019 and again in 2020 and 2023. Ms. McPaul is also a founding board member and current Executive Director of the Tribal In-House Counsel Association, a national organization that provides informational networking and support measures and programming to in-house tribal attorneys and federal Indian law practitioners. She also serves on the Board to the American Indian Law Center and serves on the PLSI Judicial Clerkship Committee. Finally, Ms. McPaul serves as a Trustee for the Irish Cultural Center in Arizona.
Ms. McPaul has received several honors for her work. In 2021, she received the Presidential Distinguished Service Award for the Irish Abroad from Ireland’s President Michael D. Higgins at a ceremony at the Áras an Uachtaráin in Dublin. She was also elected to membership in The American Law Institute in 2021. Ms. McPaul received the 2020 Alumnus of the Year Award from the National Native American Law Student Association in recognition of her work, passion, dedication to serving Indian Country, and empowering native law students to dedicate their careers to serve their tribal communities. She is also the recipient of the State Bar of Arizona Indian Law Section’s 2020 Rodney B. Lewis Award of Excellence for exemplifying the honesty, integrity, courage, grace, dignity and respect of the award’s namesake. And finally, Ms. McPaul received the 2020 Cushing Academy Leadership Award for outstanding leadership, commitment to public service, and invaluable contributions to the Navajo Nation and the legal profession.
Most importantly, Ms. McPaul is a proud military spouse and mom. She is married to SFC Mark McPaul (retired) and they have three sons, two Rez dogs, and a cat.
Chloe Villagomez Related Seminars and Products
Foster Garvey PC
Chloe Thompson Villagomez is a Principal at Foster Garvey PC in Seattle. She has represented tribes and tribal entities since 2005. Before joining Foster Garvey, she served as head of the Legal Department for the Snoqualmie Indian Tribe; as Associate General Counsel of Port Madison Enterprises, the business arm of the Suquamish Tribe; and as an attorney at Olson, Allen & Rasmussen, LLC, a Minnesota law firm dedicated to representing tribes and tribal entities. Ms. Villagomez has also taught Federal Indian Law, Tribal Law, and Indian Gaming Law courses at Seattle University School of Law. Ms. Villagomez holds a law degree from the University of Minnesota Law School.
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