Online Gambling Law

Pre-Checked Boxes Do Not Constitute Valid Consent Under GDPR

October 4, 2019 by David Klein

October 4, 2019

On October 1, 2019, the Court of Justice for the European Union (“CJEU”) issued an important opinion regarding the scope of consent in the context of the General Data Protection Regulation (“GDPR”). Specifically, the Court determined that a company cannot validly obtain a user’s consent to install cookies on his/her computer device through means of pre-checked boxes. Instead, the Court ruled that for a user’s consent to be valid under the GDPR, consent must be both active and unambiguous.

Why don’t pre-checked boxes constitute valid GDPR consent? [Read More]

California Fair Pay to Play Act and College Athlete Marketing

October 2, 2019 by David Klein

October 2, 2019

For as long as the National Collegiate Athletic Association (“NCAA”) and universities have made money on college sports, people have debated whether college athletes should be compensated for their contributions to this lucrative revenue source. On September 30, 2019, the State of California made its position clear on the issue when Governor Gavin Newsom signed into law Senate Bill 206, the Fair Pay to Play Act (the “Law”). The Law opens up many college athlete marketing revenue streams and sets the stage for a possible showdown with the NCAA over the constitutionality of the Law.

How does the Law make way for college athlete marketing?

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Illinois Enacts Sports Gambling Law

July 10, 2019 by David Klein

July 10, 2019

At the end of June, Illinois Governor J.B. Pritzker signed into law a massive gaming initiative, which includes legalized sports gambling. While the sports gambling law’s passage does not mean that wagers on sporting events can be accepted right away, it does represent a major legal change in one of the country’s most populous states.

What are some of the key components of Illinois’ sports gambling law?

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Sports Gambling Law: Court Strikes Down DOJ Wire Act Opinion

June 7, 2019 by David Klein

June 7, 2019

In a significant development in the world of sports gambling law, the United States District Court for the District of New Hampshire has ruled against the Department of Justice (“DOJ”), striking down its recent opinion concerning the Wire Act’s application beyond sports betting.

Why did the Court strike down the Wire Act Opinion letter?

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New York Sports Betting Coming This Spring

March 25, 2019 by David Klein

March 25, 2019

The New York State Gaming Commission has formally published sports betting rules and regulations to allow a limited number of upstate casinos to accept wagers on sporting events. This follows a publication earlier in the year of proposed New York sports betting regulations, and is largely consistent with those prior proposals.

What does the Commission’s publication mean for New York sports betting?

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OddsShark.com Bitten by New Jersey Gambling Marketing Laws

February 20, 2019 by David Klein

February 20, 2019

gambling-marketing — Gambling Marketing Laws

On February 6, 2019, Mr. David Rebuck, Director of the New Jersey Division of Gaming Enforcement (the “Division” or “NJDGE”), notified Oddsshark.com and its operators that their promotion of illegal gaming sites violated Federal, and New Jersey State gambling marketing laws. In response to the notification, Oddsshark.com has posted an “ACCESS DENIED” message that appears when New Jersey State residents visit the website. Because of its violation of the New Jersey Casino Control Act and federal law, the Division has advised that civil and/or criminal action against OddsShark.com remains a possibility and warned that all New Jersey casinos and Internet gaming sites must cease doing business with them.

How do Internet gaming affiliates avoid the same fate as Oddsshark.com? [Read More]

Justice Department Releases Wire Act Opinion Letter

January 21, 2019 by David Klein

January 21, 2019

The Office of Legal Counsel for the United States Department of Justice (“DOJ”) has released an opinion updating the DOJ’s interpretation of the federal Wire Act. The new Wire Act opinion letter expands the scope of the Wire Act’s interstate prohibitions as they have existed since 2011. However, given the potentially drastic impact that it would have upon a burgeoning gambling industry, the DOJ has indicated that it will delay implementing the new opinion for 90 days to allow those in the industry to review their operations and make necessary adjustments.

What are the major anticipated effects of the Wire Act opinion letter?

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Federal Sports Gambling Bill Expected Soon

December 10, 2018 by David Klein

December 10, 2018

According to recent reports, Utah Senator Orrin Hatch has drafted a bill intended to create a framework for federal sports gambling that he will introduce before the current legislative session ends. Readers of this blog will recall that on the eve of the 2018 football season, Senator Hatch, an original author of the Professional and Amateur Sports Protection Act (“PASPA”), gave a floor speech foreshadowing that such a bill was in the works in the wake of the Supreme Court’s landmark ruling striking down PASPA.

What are the main components of the draft federal sports gambling legislation?

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