Vanya S. Hogen

Practice Areas

An enrolled member of the Oglala Sioux Tribe, Vanya has practiced Indian law for over 30 years, representing tribal governments and their business partners. Vanya is an experienced litigator in federal, state, and tribal courts, and has successfully served as lead counsel in multi-million-dollar litigation and arbitration matters over key aspects of the Indian Gaming Regulatory Act. She also successfully argued a Tribal treaty-rights case before the 7th Circuit for four Wisconsin tribes that precludes Wisconsin from imposing property taxes on certain tribal lands and was on the team that led the 7th Circuit to uphold the Oneida Nation’s reservation boundaries. Vanya also won an important victory in the South Dakota Supreme Court that stopped South Dakota from imposing its motor-fuel taxes on Indian reservations, and successfully argued key motions in federal treaty litigation for the Saginaw Chippewa.

In addition, Vanya maintains an active transactional practice, focusing primarily on Indian gaming, financing, and tribal economic development. She regularly assists clients with business transactions in Indian country, including advising them on appropriate business structures, guiding them through environmental and other regulatory-compliance issues, and negotiating and drafting contracts.

Vanya has worked closely with tribal governments to draft and enact tribal codes and ordinances involving a broad range of subjects, such as tribal-court systems, enrollment, family law, environmental laws, and secured transactions. She has also assisted with Secretarial elections and amending tribal constitutions.

Vanya is a frequent speaker at Indian-law seminars around the country and serves as a judge for the Shakopee Mdewakanton Sioux Community Tribal Court.

Professional Memberships

Member, Minnesota American Indian Bar Association

Publications

Cutting-Edge Issues in Sovereign Immunity, Minnesota CLE and Minnesota American Indian Bar Association, 2024

Justice on the Reservations: Tribal Judges Panel, 8th Circuit Judicial Conference, 2022

Tribal Practice – The Fundamentals of Practicing in Tribal Court, Minnesota CLE and Minnesota American Indian Bar Association, 2022

Tribal Practice: Perspectives from Tribal Judges and Practitioners, University of Minnesota Law School, April 22, 2021

Oneida Nation v. Village of Hobart, University of Wisconsin Coming Together of Peoples Conference, 2021

McGirt v. Oklahoma and Reservation-Boundary Disputes, Minnesota CLE and Minnesota American Indian Bar Association, 2020

Minnesota Tribal Courts, ABA Section of Dispute Resolution, 2019

Under Attack: Tribal Sovereign Immunity, Mitchell Hamline University Law Review Amicus Curiae Blog, May 2, 2018

Homeland Security: Reservation Boundary Disputes in the 21st Century, Minnesota CLE and Minnesota American Indian Bar Association, 2018

Lessons Learned from the Lake of the Torches Litigation: Regulatory and Litigation Background, Northwest Gaming Summit, December 2017

Constitutional Evolution in the Wake of New Federal Regulations Governing Secretarial Elections, Minnesota CLE and Minnesota American Indian Bar Association, 2016

Complex Civil Jurisdiction Issues in Tribal Court: the Teague Factors and Beyond, Minnesota CLE and Minnesota American Indian Bar Association, 2015

Overview: Taxation of Indian Tribes and Their Members by Federal, State, and Tribal Governments, Law Seminars International, 2014

Practicing in Tribal Courts, Minnesota CLE and Minnesota American Indian Bar Association, 2014

Contracting and Construction Law on Tribal Lands, Minnesota CLE, 2013

Mechanisms of Tribal Constitutional Reform, William Mitchell, 2013

The Pros and Cons of Resolving Disputes in Tribal Courts, Law Seminars International (Program Co-chair), 2013

Expert in these Jurisdictions

Minnesota

South Dakota

Supreme Court of the United States

U.S. Court of Appeals for the District of Columbia Circuit

U.S. Court of Appeals for the Federal Circuit

U.S. Court of Appeals for the Sixth Circuit

U.S. Court of Appeals for the Seventh Circuit

U.S. Court of Appeals for the Eighth Circuit

U.S. Court of Appeals for the Ninth Circuit

U.S. District Court for the Eastern District of Michigan

U.S. District Court for the District of Minnesota

U.S. District Court for the District of Nebraska

U.S. District Court for the District of South Dakota

U.S. District Court for the Eastern District of Wisconsin

U.S. District Court for the Western District of Wisconsin

Ho-Chunk Tribal Court

Mille Lacs Tribal Court

Northern Cheyenne Tribal Court

Northern Plains Intertribal Court of Appeals

Lac du Flambeau Tribal Court

Prairie Island Tribal Court

Oglala Sioux Tribal Court

Lower Sioux Community Tribal Court

Work Highlights

Lac Courte O’reilles Band of Lake Superior Chippewa, et al. v. Evers. Served as lead counsel on successful appeal over whether four tribes’ treaty rights under 1854 Treaty precluded the State of Wisconsin from imposing property taxes on lands allotted under the Treaty. (Seventh Circuit Court of Appeals, 2022).

Oneida Nation v. Village of Hobart. Served as co-counsel to the Oneida Nation in this case, in which the Seventh Circuit confirmed that the Nation’s Treaty-established reservation boundaries remained intact and that the Village of Hobart lacked jurisdiction to enforce a Village ordinance against the Nation. (Seventh Circuit Court of Appeals, 2020).

Saginaw Chippewa Indian Tribe v. Vungarala, et al. Represented Tribe in FINRA arbitration against its former investments manager and broker-dealer firm over improper commissions and unsuitable investments. Secured favorable settlement. (FINRA Arbitration 2019).

Saybrook Tax-Exempt Investors, Inc. v. Lac du Flambeau Band of Lake Superior Chippewa Indians. Co-counsel for Tribe in litigation over validity of tribal bond documents; secured ruling that various tribal finance documents were invalid under the Indian Gaming Regulatory Act. (Waukesha County, Dec. 13, 2016).

City of Duluth v. Fond du Lac Band of Chippewa. Successfully represented tribe in dispute over casino revenue-sharing agreements with City of Duluth. (Eighth Circuit Court of Appeals, 2013).

Wells Fargo v. Lake of the Torches Economic Development Corporation. Successfully urged federal court to find that tribal corporation’s bond indenture was void under the Indian Gaming Regulatory Act. (Federal District Court, Eastern District of Wisconsin, 2010 and Seventh Circuit Court of Appeals, 2011)

Saginaw Chippewa Tribe v. Granholm. Successfully represented tribe in federal-court dispute over reservation boundaries and tribal jurisdiction. (Federal District Court, Eastern District of Michigan, 2010)

Pourier v. South Dakota Dept. of Revenue. Successfully represented tribal-member-gas-station-owner challenging application of South Dakota’s motor fuel tax on the Pine Ridge reservation. (South Dakota Supreme Court, 2003 and 2004)

Education