Ben Fenner is a partner at Patterson Real Bird & Rasmussen LLP with more than 15 years of experience representing tribal governments and entities in matters involving tribal sovereignty, economic development, taxation, and self-determination. A skilled litigator and negotiator, Ben has successfully authored and argued dispositive motions and appeals before federal, tribal, and state courts, including the D.C. Circuit Court of Appeals.
Ben’s practice focuses on complex litigation involving tribal treaty rights, tribal regulatory and tax jurisdiction, and Indian Self-Determination and Education Assistance Act (ISDA) contracts relating to health care, education, and justice services. He played a key role in precedent-setting litigation establishing the federal government’s treaty-based duty to fund tribal law enforcement and has secured more than $10 million in negotiated settlements for tribal clients in Contract Support Cost disputes with the Indian Health Service and Bureau of Indian Affairs.
In addition to litigation, Ben advises tribal clients on infrastructure financing, corporate governance, intellectual property, regulatory compliance, and inter-tribal commerce initiatives. He has also presented nationally on Clean Water Act implementation in Indian Country and tribal gaming development.
Ben was selected for inclusion in The Best Lawyers in America® (2023–2025) for Native American Law and is widely recognized for advancing tribal self-determination and strengthening tribal economies through innovative legal strategies.