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Brian Pierson leads the firm's Indian Nations Law Practice Group. A cum laude graduate of the University of Wisconsin Law School (1983), Brian clerked for federal district judge Myron L. Gordon before entering private practice. He won ACLU-Wisconsin's Civil Libertarian of the Year for his representation of Chippewa spearfishers in a federal court lawsuit against hooligans seeking to prevent tribal members from exercising off-reservation fishing rights reserved in the treaties of 1837 and 1842. The suit resulted in a permanent injunction against interference with treaty-protecting spearfishing. Lac du Flambeau v. STA, 41 F.3d 1190 (7th Cir. 1994). Brian's broad experience representing tribes includes: Assistance to tribes and tribal housing authorities to meet the housing needs of tribal communities, including assisting tribes in leveraging federal block grants with low-income housing tax credits, Federal Home Loan Bank Affordable Housing Program grants, Rural Development Rural Rental Housing loans, loans guaranteed under Title VI of the Native American Housing Assistance and Self-Determination Act of 1996, Section 538 of the Housing Act of 1949 and Section 184 of Housing and Community Development Act of 1992. Assistance to tribes and tribal corporations in connection with economic development, including advice on formation of tribal corporations or Community Development Financial Institutions funded by the U.S. Department of the Treasury, choice of entity (LLC versus corporation or partnership; tribal charter versus federal or state charter), eligibility for state and federal tax and procurement advantages, due diligence investigation of investment opportunities, and drafting of tribal corporation and commercial codes to provide legal infrastructure that both supports economic development and enhances tribal sovereignty. Representation in connection with the acquisition and financing of property for business or governmental purposes or the expansion of existing enterprises, using taxable and tax exempt bond financing, as well as conventional bank financing. Assistance to tribes in matters of government administration, including tax advice, employment law (including the preparation of policies and handbooks and resistance to attempts by state government to apply inapplicable state laws), employee benefits, and compliance with applicable federal laws. Brian's federal court victory in Lac du Flambeau v. Zeuske, 145 F.Supp.2d (W.D. 2000) established the principle that a tribal member's residence on his or her reservation, a right of domicile pre-dating the state's formation, cannot provide a basis for the exercise of taxing authority by the State. Brian's clients include not only Indian tribes but also tribally-owned businesses and other entities that partner with tribes to improve tribal communities. He recently assisted the Federal Home Loan Bank of Des Moines adapt its down payment assistance program for Iowa Indian country and assisted the Wisconsin Housing and Economic Development Authority in adapting its first time Homebuyer program for Wisconsin Indian country. In 2004 and 2005, he served as track facilitator at conferences organized by the U.S. Department of Housing and Urban Development Office of Native American Programs and the National American Indian Housing Council (NAIHC). As "reporter" for the NAIHC's leasing work group, Brian drafted comments to the Bureau of Indian Affairs' proposed regulations governing leasing of tribal trust lands. Brian is a former board member and chairman of the State Bar's Indian Law Section. He is listed in "Who's Who in American Law" and in 2005 was named a Wisconsin Superlawyer, a designation awarded to 5% of Wisconsin lawyers, by peer selection process.
Honors
ACLU-Wisconsin's Civil Libertarian of the Year award
2005 Milwaukee Magazine "Superlawyer"
Who's Who in American Law
Publications
"Indian Nations Legal Update" August 02, 2007
"Indian Nations Legal Update" March 2007
"Indian Nations Legal Update" December 2006
"Indian Nations Legal Update" September 2006
"Indian Nations Legal Update" June 2006
"Indian Nations Legal Update" February 2006
In the News
February 26, 2007 - Brian Pierson was quoted in, "Indian casinos are subject to federal labor law" (Lawyers USA)
July 19, 2006 - Brian Pierson is quoted--and John Swimmer is mentioned--in "State Indian Law Needs on the Rise," (Wisconsin Law Journal)
Seminars & Events
Labor Relations in Indian Country - Mar 23, 2007
MAST Tribal Pension Seminar - Nov 21, 2006
Brian is a frequent speaker on Indian law topics. Recent speeches include:
Establishing a Tribal Legal Framework to Support Housing and Economic Development in Indian Country," 16th Annual Indian Land Work Group Symposium, October 26, 2006, Cabazon, California.
"Pension Protection Act of 2006 in Context of Recent Trends in Indian Law," Midwest Alliance of Sovereign Tribes, Wausau, Wisconsin September 26, 2006.
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