BenFenner Partner

Mr. Fenner was instrumental in obtaining a victory against the State of New York for an unlawful seizure of tribally-manufactured tobacco products. He successfully defended tribal businesses in a private lawsuit alleging false advertising and unfair competition. He served as lead council in successfully defending a tribal election board in tribal court and has worked on federal recognition.

Mr. Fenner continues to devote his practice to representing tribal interests in court and administrative proceedings in matters relating to tribal self-determination, taxation and economic development.

Mr. Fenner joined the firm as an associate in January 2007.

Practice Areas

Gaming LawTaxationReservation Economic DevelopmentTrial AdvocacyTribal Acknowledgment and RecognitionElection LawTribal Self Determination

Admissions

SCOTUS; United States Court of Appeals for the Federal Circuit; United States Court of Federal Claims; 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; Nebraska; New York; Washington, D.C.

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.

Presentations

Presenter, ″Clean Water Act Jurisdictional Issues on Tribal Lands″, Association of Clean Water Administrators.

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).

BenFenner Partner

Contact Information

Washington, DC bfenner@ndnlaw.com (202) 450-4887 (202) 450-5106