Steven Paul McSloy
Partner
Steven McSloy is a Partner in the Indian Law and Tribal
Representations practice. He advises clients on Native American
law, gaming, corporate finance, capital markets and joint
ventures.
Steve's experience includes serving as the General Counsel for
the Oneida Indian Nation of New York and its Turning Stone Casino
Resort and teaching American Indian Law at Columbia, NYU, Fordham,
Cardozo, St. John's and Syracuse Law Schools. He has represented
Indian Nations pro bono in submitting amicus
briefs to the United States Supreme Court, and for over 20 years
has been involved in many of the largest and most complex financing
transactions in Indian Country.
Steve has written eight law review articles defending Native
sovereignty and several opinion pieces in Indian Country
Today, and is the author of "Lending in Indian Country", a
chapter in the multi-volume treatise Asset Based Financing. He has
been ranked in the first tier of lawyers practicing Native American
law by Chambers USA for every year since ranking began.
Steve was graduated from Harvard Law School cum laude
in 1988, and before that was graduated magna cum laude
from NYU. He has lectured on American Indian Law at numerous
conferences and bar association meetings as well as at Yale,
Harvard, University of Pennsylvania and Columbia law schools.
Immediately prior to joining SNR Denton, Steve was Co-Chair of
the Native American practice group in Hughes Hubbard’s New York
office. Steve began his career at Cravath, Swaine & Moore,
where he worked as a corporate lawyer for nearly a decade. He also
served three times as a Teaching Fellow for the Harvard Law School
Program on Negotiation.
During the financial crisis in 2008-09, Steve served as Deputy
Chief Liquidating Officer for Lehman Brothers Inc., the
broker/dealer arm of Lehman Brothers, which was in liquidation
under the Securities Investor Protection Act.
Representative Experience
- Navajo Nation: Represented Keybank in a $60 million Build
America Bond transaction, the first large scale loan to be governed
solely by tribal law and tribal courts. This transaction was
awarded the "Deal of the Year" award in 2010 by the Native American
Finance Officers Association.
- Agua Caliente Band of Cahuilla Indians: Represented the
investment bank in $230,000,000 offering of investment grade notes
underwritten by JP Morgan used to construct a new hotel and other
amenities.
- Poarch Band of Creek Indians: Represented Merrill Lynch in a
$160,000,000 syndicated bank loan to build a destination resort
casino complex in Alabama.
- Navajo Nation: Representation of the Nation in its first
venture into gaming, including six planned casinos in two
states.
- Snoqualmie Indian Tribe: Represented a hedge fund in a
$85,500,000 unique bridge loan financing to allow the tribe to
purchase land and place it into trust for a casino project near
Seattle.
- Morongo Band of Mission Indians: Representation of the Band in
mergers and acquisition, finance, tax and real estate investment
matters.
- Agua Caliente Band of Cahuilla Indians: Represented the
investment bank in a $170,000,000 follow-on issuances of investment
grade notes, including consent solicitation of holders of
previously issued tax-exempt bonds.
- Oneida Indian Nation of New York. $160,000,000 high yield bond
offering by the Nation for expansion purposes.
- Dry Creek Rancheria and its River Rock Entertainment Authority:
Represented Merrill Lynch in a $58,500,000 in a series of
tax-exempt and taxable issuances of debt for expansion and
infrastructure improvements.
- Represented JP Morgan Securities in connection with a $60
million letter of credit backed variable rate debt offering by an
Arizona Tribe for gaming equipment and capital
expenditures.
- Tribal Joint Venture: Representation of a tribal entity formed
to pursue off-reservation gaming opportunities.
- Keybank: $17,000,000 bank credit facility for a Northeast
Indian nation.
- Tribal Hedge Fund: Research and analysis for the development of
a hedge fund to be owned and operated by an Indian
nation.
- Northern California Tribe: Representing the investment bank in
a $350,000,000 proposed high yield bond offering to construct a
casino and resort facility.
- Northeast Indian Nation: $40,000,000 secured credit facility to
provide liquidity for Tribe facing challenges by the state and
federal governments.
- Las Vegas Gaming Company: Negotiation of a proposed management
contract with an Indian nation.
- Northeast Indian Nation: Representation in corporate
restructuring and governance reform matters.
- Oneida Indian Nation of New York: Representation in its
40+year-old land claim cases against New York State.
- Represented Calyon in connection with a $230 million senior
secured credit facility for the Tulalip Tribes of Washington, a
$1.2 billion revolving credit facility for the Mohegan Tribal
Gaming Authority, a $700 million senior secured term loan to the
Seminole Tribe of Florida and a $900 million senior secured
revolving loan to Wynn Las Vegas LLC.
- Represented CIBC World Markets in connection with a $200
million term loan and $20 million revolving loan for the
acquisition of the Reno Hilton Hotel & Casino by Grand Sierra
Resorts.
- Mining company: Negotiation of a minerals lease of Indian lands
from an Indian tribe and related federal permits.
- Bond Insurer: Representation in connection with $140,000,000
high yield bond offering by an Indian nation.
- Insurance Company: Representation in researching and developing
captive insurance companies on Indian land.
- Accounting Firm: Representation in negotiation of engagements
with Indian nations.
- Gaming Technology Joint Venture: Representation of an Indian
nation in negotiations involving a gaming technology joint
venture.
- Oneida Indian Nation of New York: $310,000,000 combined high
yield, tax-exempt and secured bank loan facility to finance a major
expansion of Turning Stone Casino Resort.
- Native American Casino: $16,000,000 purchase of video gaming
terminals and related licensed intellectual property.
- Oneida Indian Nation of New York: $20,000,000 and $25,500,000
issuances of Tax Exempt Variable Rate Demand Bonds to finance
eligible resort expansion projects.
- Upstream Point Molate: $500 million project to convert a San
Francisco Bay naval base into an urban Indian gaming facility and
resort complex in partnership Harrah's Entertainment, Inc. and the
Guidiville Band of Pomo Indians.
- Native American Entrepreneur: Representation in negotiations
with financial sources and Indian nations in pursuit of leveraged
buyout, wind power, Section 8(a) and other opportunities for Indian
nations.
- LiveNation/HOB: Represented LiveNation in negotiation of long
term lease with Mohegan Sun Hotel/Casino for a House of Blues night
club and Foundation Room private club to anchor the new hotel tower
expansion at Mohegan Sun.
- Real Estate Developer: Development of a planned $700,000,000
phased gaming and entertainment destination in an environmentally
sensitive area, in partnership with an Indian nation, and
negotiation of development and management agreements.
- Nautica: Development of retail space at the Viejas Outlet
Center on the Viejas Indian reservation in Southern California,
including negotiations with the Bureau of Indian Affairs.
- Ann Taylor, The Gap and Sportsac: Representation of three
lessees of space in the Tulalip Tribe's Seattle Premium Outlets in
Washington State.
- Real Estate Investor: Investigation of Native American casino
and resort opportunities and obstacles in Northern
California.
- Investment and Commercial Banks: Representation of lenders and
placement agents in secured loans, private placements, high yield
and tax exempt issuances and other matters with respect to Indian
nations in Arizona, California, Connecticut, Florida, New Mexico,
New York, Oklahoma and Washington.
Honors and Awards
- Ranked in Chambers USA as one of the first
tier top lawyers in Native American law in the United States,
2006-2011
- Listed in Best Lawyers in America in the area of
Native American law, 2007-2012
Organizations
- Elected Member, International Masters of Gaming Law
- Special Member, National Native American Bar
Association
- Member, Indian Law Section, Federal Bar Association
- Member, Native American Bar Association of Washington,
DC
- Special Member, Oklahoma Indian Bar Association
- Associate Member, NCAI
- Friend, NNALSA
Publications
- "Tom
Cruise and the Indian Subprime Crisis," Indian Country
Today, March 11, 2011
- "Lending in Indian Country," Chapter 4A of Asset Based
Financing, Lexis Nexis 2011
- “Theodore
Custer Abramoff: The Worst Since Little Bighorn," Indian
Country Today, February 24, 2006
- “Send
Lawyers, Guns and Money -- Sovereignty's Hit the Fan,"
Indian Country Today, June 17, 2005
- Co-author, “What to Know Before Leasing Space on Indian Land,"
Commercial Tenant's Lease Insider, March 2005
- “After
the ‘New Buffalo:’Tribal Wealth Management," Indian Country
Today, November 5, 2004
- “’Because
the Bible Tells Me So’: Manifest Destiny and American Indians,"
Indian Country Today, September 10, 2004
- Co-author, “A
Great Nation Breaks its Word: Indians, Unions and the NLRB,"
Indian Country Today, June 25, 2004
- “Ode
to Billy Jo: The Supreme Court's Latest Look into Indian Law,"
Indian Country Today, May 17, 2004
- “A
Bird's Eye View of American Indian Law and its Future,"
Indian Country Today, September 26, 2003
- “The ‘Miner’s
Canary’: A Bird’s Eye View of American Indian Law and its
Future," 37 New England Law Review 733,
2003
- “Border Wars:
Haudenosaunee Lands and Federalism," 46 Buffalo Law Review
1041, 1998
- “’Because the
Bible Tells Me So’: Manifest Destiny and American Indians,"
9 St. Thomas Law Review 37, 1996
- Co-author with Ray Halbritter, “Empowerment
or Dependence? The Practical Value and Meaning of Native American
Sovereignty," 26 N.Y.U. Journal of International Law and
Politics 531, 1994
- “Revisiting
the ‘Courts of the Conqueror’: American Indian Claims against the
United States," 44 American University Law Review 537,
1994
- “Back to the
Future: Native American Sovereignty in the 21st Century,"
20 N.Y.U. Review of Law and Social Change 217,
1993
- “American
Indians and the Constitution: An Argument for Nationhood,"
14 American Indian Law Review 139, 1990
- Co-author, “Toward
Consent and Cooperation: Reconsidering the Political Status of
Indian Nations," 22 Harvard Civil Rights – Civil Liberties
Law Review 507, 1987
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