Samuel Kohn
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Samuel Kohn

Partner

    San Francisco
    415.907.8705
    Denver
    303.825.6380
    Washington, DC
    202.955.5600

    Samuel Kohn is a member of the Apsáalooke Nation (Crow Tribe of Montana) and has nearly 15 years of experience helping Indian Tribes and Alaska Natives to interpret and advance their unique legal status and political relationships with the United States.  Sam represents Indian Tribes, Alaska Natives, and tribal consortia in matters of self-governance and self-determination, matters related to Indian lands and related compliance, and other engagement with the United States, all while bearing in mind the unique challenges that tribes should consider when trying to obtain the best possible long-term outcomes.

    Sam served previously as Senior Counselor to the Assistant Secretary – Indian Affairs of the Department of the Interior. In this role, he supported the Assistant Secretary’s relationship with all Indian Tribes and Alaska Natives.  Sam advised the Assistant Secretary on implementation of the Indian Self-Determination Education and Assistance Act, including Public Law 102-477, negotiation of collaborative stewardship agreements, protection of cultural and historic resources, Indian arts and crafts, fee-to-trust and right of way issues, Indian water right settlements, gaming matters, and roads and transportation matters.

    In addition to his work in Indian law, Sam has managed nearly all stages of litigation. He has taken or defended depositions, briefed and argued motions, and won appeals, in the U.S. Court of Appeals for the Ninth Circuit, D.C. Circuit, and California Court of Appeal.

    Prior to joining the firm, Sam served as a law clerk in the United States District Court for the District of Montana and the Montana Supreme Court.  Sam also worked at an international firm as a member of their Native American Law and Policy, Federal Regulatory and Compliance, and litigation practice groups.  He also has worked as Assistant Regional Counsel in the Office of General Counsel in the United States Department of Health and Human Services. Sam also supported Senator Max Baucus (D-MT) as part of his staff on the United States Senate Committee on Finance.

    Sam is a sought-after lawyer for tribes, tribal governments and businesses and individuals navigating complex and interconnected legal, political, and policy challenges.

    Representative Experience

    • Before joining the firm, part of team undertaking Notice and Comment rulemaking at the United States Department of the Interior, Bureau of Indian Affairs, under the leadership of Secretary Deb Haaland and Assistant Secretary Bryan Newland.
    • Before joining the firm, part of team negotiating collaborative stewardship agreements with Indian Tribes on behalf of the United States Department of the Interior.
    • Before joining the firm, part of teams addressing self-determination and self-governance issues arising under the Indian Self-Determination Education and Assistance Act at both the United States Department of the Interior and the United States Department of Health and Human Services.
    • Before joining the firm, part of team that received favorable appellate decision including the first published interpretation of Section 110(f) of the National Historic Preservation Act, which requires an agency to minimize harm to any National Historic Landmark “directly and adversely affected by a project.” The decision clarified that “direct” effects can be visual effects, and that proposed projects need not physically alter a National Historic Landmark for Section 110(f) to apply. National Parks Conservation Association v. Semonite, 916 F. 3d 1075 (D.C. Cir. 2019).
    • Before joining the firm, part of team that obtained $6,000,000 payment from defendants on eve of three-week jury trial in case prosecuting trade secrets misappropriation and related claims for technology company against direct competitor and former executives.
    • Before joining the firm, part of team that filed amicus brief before District Court and 5th Circuit Court of Appeals on behalf of nearly 500 tribes and over 60 tribal organizations in support of the constitutionality of the Indian Child Welfare Act in Haaland v. Brackeen.
    • Before joining the firm, lead counsel in defense of Tribal Court judge sued in individual capacity for presiding over Tribal Court action. Yielded first explicit statement that Tribal Court judges were entitled to judicial immunity in 9th Circuit. LaForge v. Gets Down, No. 17-CV-48-BLG-BMM, 2019 WL 2762896 (D. Mont. July 2, 2019).
    • Before joining the firm, represented tribal clients in both gaming and non-gaming fee-to-trust acquisitions, resulting in the restoration of over 1,000 acres to tribal trust status in California and other states.

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