Those preserving Alaska Native cultures and enhancing their communities are represented by Schwabe.
Led by Alaska-based attorneys who have combined decades of experience serving as in-house and outside general counsel for Alaska Native Corporations. Our team understands Alaska Native Corporations and the unique legal issues they face.
Experience and Understanding of ANCSA and ANILCA
Our experience is deeply rooted in Alaska. We assist Alaska Native Corporations as they work to positively impact their communities by advising Alaska Native Corporations and their subsidiaries on issues arising under the Alaska Native Claims Settlement Act (“ANCSA”) and the Alaska National Interest Lands Conservation Act (“ANILCA”).
A Go-To For Government Contracting
Schwabe’s team has extensive experience working with Alaska Native Corporations on all aspects of federal and state government contracting. This includes advising Alaska Native Corporations on Small Business Administration programs such as the 8(a) Program, HUBZone opportunities, and All Small Mentor-Protégé agreements. Schwabe’s work includes representing Alaska Native Corporations in size and procurement protests, conducting compliance training, and assisting in strategic planning regarding the SBA’s 8(a) and HUBZone programs.
Mergers & Acquisitions
Schwabe represents Alaska Native Corporations in their mergers and acquisitions, on both the sell and buy side, including acquisitions of government contractors. Schwabe has the experience and depth of bench to provide comprehensive support to Alaska Native Corporations seeking to buy or sell businesses, including assistance in due diligence, negotiations, tax matters, and post-closing integration and corporate restructuring.
ANCSA Settlement Trusts
Schwabe lawyers have been at the forefront in developing and leveraging ANCSA Settlement Trusts to provide favorable tax advantages to Alaska Native Corporations and their shareholders while also preserving traditional land and resources for future generations. We understand how Settlement Trusts work and have a wealth of knowledge and experience forming trusts that advance Alaska Native Corporations’ needs and interests.
Employment and Labor Relations
We have a robust employment law group that assists Alaska Native Corporations on employment matters, including executive employment contracts and compensation, union labor issues and collective bargaining, wage and hour and Service Contract Act issues, and intellectual property and confidentiality agreements. Schwabe assists Alaska Native Corporations in protecting their valuable intellectual property and business information from misappropriation by former employees and provides advice on labor relations and human resource issues.
We regularly advise Alaska Native Corporation Board of Directors regarding their duties and obligations, strategic planning, and other corporate governance matters. We work with Alaska Native Corporations on entity formation and corporate restructuring by identifying the optimal corporate structure for their current and future needs. We assist Alaska Native Corporations on shareholder issues, including annual meetings and proxy solicitations, transfers of shares through gifts or inheritance, and responding to shareholder complaints or requests for information.
We assist Alaska Native Corporations and their Boards of Directors who are considering descendent enrollment, including advising on the legal requirements for descendent enrollment, the potential impacts and benefits of descendent enrollment, and the nuts and bolts of approving and implementing a plan for descendent enrollment. We work with the Board of Directors to see that they are fully informed about the process and, once approved by the Board, work with the corporation on the process for obtaining shareholder approval and implementation of descendent enrollment.
Collaborating with experienced lawyers throughout the firm, we assist Alaska Native Corporations with corporate transactions, business planning, contract negotiations, and government affairs issues. The firm’s diverse legal resources and relationships allow us to work on numerous fronts to advance our clients’ legal and business interests, shape future legislation and policy, and resolve disputes between tribes and federal and state governments.
ANC, SBA & Government Contracting Resources
A convenient list of resources regarding Alaska Native Corporations, Small Business Administration, and Government Contracting legal matters.
- Represented several ANCs on the creation of a new Alaska Native Claims Settlement Act (ANCSA) settlement trust and substantive amendments to an existing ANCSA settlement trust.
- Assisted in development and promotion of legislation beneficial to ANCs, including the ANC Settlement Trust tax legislation passed in 2017.
- Represented an ANC Village Corporation in defending its U.S.C. § 14(c) procedure and conveyances.
- Represented multiple ANCs regarding improper proxy solicitations for annual election of directors by shareholders.
- Advising ANCs with respect to all aspects of annual shareholder meetings.
- Providing guidance on the intricacies of the SBA 8(a) Business Development Program.
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