Fredericks Peebles & Morgan LLP Attorneys


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SACRAMENTO OFFICE 1001 Second Street Sacramento, CA 95814 Phone 916-441-2700 Fax 916-441-2067 OMAHA OFFICE 3610 North 163rd Plaza Omaha, NE 68116 Phone 402-333-4053 Fax: 402-333-4761 SIOUX FALLS OFFICE 3817 Slaten Park Drive Sioux Falls, SD 57103 Phone 605-338-9147 Fax 605-339-1769 COLORADO OFFICE 1900 Plaza Drive Louisville, CO 80027 Phone 303-673-9600 Fax: 303-673-9155 NORTH DAKOTA OFFICE 3730 29th Ave. Mandan, ND 58554 Phone: 303-673-9600 Fax: 701-663-5103 MICHIGAN OFFICE 2848 Setterbo Road Peshawbestown, MI 49682 Phone: 231-631-8558

CONLY J. SCHULTE – Partner
Omaha, Nebraska
phone: 402.333.4053
fax: 402.333.4761
email: email me

Mr. Schulte joined the firm in 1995 and became a partner in 2000.

PRACTICE AREAS: Trial and appellate advocacy; tribal government; tribal sovereignty and self-determination; taxation; reservation economic development; land into trust; natural resources; gaming law; environmental and cultural preservation; employment; civil rights; governmental negotiations; administrative law; contracts; tribal acknowledgment and recognition.

ADMISSIONS: Nebraska; U.S. Supreme Court; U.S. Courts of Appeals for the Sixth, Seventh, Eighth,Ninth, Tenth and the District of Columbia Circuits; U.S. Court of Federal Claims; U.S. District Courts for the District of Columbia, Western District of Michigan, District of Nebraska and Eastern District of Wisconsin; Winnebago Tribal Court; Santee Sioux Nation Tribal Court; Shoshone Tribal Court; and Arapahoe Tribal Court. Mr. Schulte has been admitted pro hac vice to practice in cases in federal district courts located in Arizona, California, Colorado, Connecticut, Massachusetts, New York, and Washington states.

EDUCATION: Creighton University (J.D., Cum Laude 1993); Board of Editors, Creighton Law Review; University of Nebraska at Lincoln (B.A., 1990).

LEGAL EXPERIENCE: Adjunct Faculty Co-Instructor, Creighton University School of Law (2000); Judicial Law Clerk to the Hon. John F. Irwin, Nebraska Court of Appeals (1993-1995).

LEGAL AUTHORSHIP: Working to Preserve Tribal Sovereignty and Prepare for Pending Changes, Inside the Minds, Emerging Issues in Tribal State Relations (Aspatore, 2010 Edition); Co-Author, The Use of Internet Communication Facilities and the Indian Gaming Regulatory Act, 2 Gaming Law Review 473 (1998).

REPRESENTATIVE CASES: Michigan Gambling Opposition v. Kempthorne, 525 F.3d 23 (D. C. Cir. 2008); Wyandotte Nation v. Sebelius, 443 F.3d 1247 (10th Cir. 2006); Wyandotte Nation v. National Indian Gaming Com'n, 437 F.Supp.2d 1193 (D. Kan. 2006); United States v. Santee Sioux Tribe of Nebraska, 324 F.3d 607 (8th Cir 2003); Lac Vieux Desert Band Of Lake Superior Chippewa Indians v. Michigan Gaming Control Bd., 276 F.3d 876 (6th Cir. 2002); Match-E-Be-Nash-She-Wish Band of Pottawatomi. Indians v. Kean-Argovitz Resorts–Michigan, LLC, 249 F.Supp.2d 901 (W.D.Mich. 2003); Wampanoag Tribe of Gayhead (Aquinnah) v. Massachusetts Commission Against Discrimination, 63 F.Supp.2d 119, (D. Mass. 1999).

TEACHING POSITIONS: Adjunct Faculty Co-Instructor, Creighton University School of Law, Fall 2000.

ASSOCIATIONS: Nebraska State Bar Association; American Bar Association; Special Member, Native American Bar Association.

Mr. Schulte has extensive experience serving as lead litigation counsel for American Indian tribes in judicial and administrative forums on a wide variety of issues, including Indian Gaming Regulatory Act litigation, federal fee-to-trust land transactions, tribal exemptions from state regulatory laws, breach of federal trust obligations, federal Tort Claims Act litigation, federal recognition of tribal status, tribal taxing jurisdiction, NEPA litigation, Endangered Species Act litigation, contract disputes, and constitutional rights litigation.

Mr. Schulte has been lead counsel in major litigation over tribal Class II gaming, where he earned victories over the U.S. Department of Justice that enables tribes to utilize video Class II gaming devices as a means of economic development. Mr. Schulte also served as lead counsel in litigation against the City of Detroit over violations of tribal constitutional rights involving bids for casino development contracts. This litigation resulted in a settlement of over $94 million on behalf of his tribal client. Mr. Schulte has also been extensively involved in the negotiation of tribal-state gaming compacts, has served as a co-instructor for a law school course on federal Indian law and has spoken at seminars on various legal issues affecting Indian Country.