Sports Gambling

Proposed Gambling Law Revision Aimed at Protecting Washington State Gaming Industry

January 30, 2020 by David Klein

January 30th, 2020

This month, the Washington State Senate and House of Representatives each released separate proposed bills – House Bill 2720 and Senate Bill 6568 – aimed at changing Washington’s gambling law. In response to the Ninth Circuit’s 2018 decision in Kater v. Churchill Downs Inc., Washington State’s legislature is attempting to redefine what constitutes “illegal gambling games” within the meaning of the State’s Recovery of Money Lost at Gambling Act (“RMGLA”). Through this proposed measure, the Legislature hopes to prevent Washington’s booming gaming industry from leaving the State.

How would this gambling law change protect Washington State’s burgeoning gaming industry?

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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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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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NY Daily Fantasy Sports In Jeopardy After Gambling Ruling

November 1, 2018 by David Klein

By Zachary Zagger.

Law360 (October 31, 2018, 5:16 PM EDT) — A New York state court’s recent ruling that daily fantasy sports contests are gambling exposes operators like DraftKings Inc. and FanDuel Inc. to legal risks that were thought to be resolved and may force the companies to lobby for an amendment to the state constitution to save their businesses in the Empire State.

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Sports Gambling Marketing in New Jersey

October 3, 2018 by David Klein

October 3, 2018

In June 2018, legal sports betting in New Jersey became a long-awaited reality. There are currently eight online/mobile platforms offering sports gambling in New Jersey. To generate business through sports gambling marketing, the sportsbooks utilize the services of affiliates (i.e., entities and individuals involved in promoting, marketing, and directing business to online sports gambling websites). The New Jersey Division of Gaming Enforcement (“DGE”), led by its Commissioner, David Rebuck, has regulated online gambling operators and affiliates in New Jersey since the commencement of online gaming in November 2013, which now includes online sports gambling within the State. In order to comply with the DGE’s regulations, licensed sportsbooks must only use licensed affiliates and these affiliates must only promote sportsbooks that are also licensed with the State.

The Rules for Sports Gambling Marketing

According to the DGE’s Director Advisory Bulletin published in June 2015 (the “2015 Bulletin”), “illegal online gaming sites which accept wagers from players in New Jersey pose a significant threat to the regulation of lawful gaming.” It follows then that affiliates of online gaming operators who also market illegal gaming websites pose a similar (and/or greater) threat to the regulation of lawful gaming in New Jersey. Indeed, in 2014, the DGE sent cease and desist letters to affiliates that were promoting unauthorized online gaming sites. A spokesperson for the DGE explained that where an affiliate is promoting both legal and illegal gaming, “this may either taint legitimate sites by associating them with the illegal ones, and conversely may lend the appearance that these illegal sites are affiliated with authorized sites.”

What else did the 2015 sports gambling marketing bulletin warn affiliates about?

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SEC Settles Lawsuits Against Nevada Sports Betting Funds

September 12, 2018 by David Klein

September 12, 2018

The Securities and Exchange Commission (“SEC”) recently settled two lawsuits against sports betting funds which the agency accused of violating the Securities Act. The settlement culminates a nearly two-year investigation, and the first known prosecution of a sports betting fund since Nevada legalized such pooled wagering.

What were the nature of the SEC’s allegations against the sports betting funds?

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Federal Sports Gambling Legislation on the Way?

August 29, 2018 by David Klein

August 29, 2018

Last week, Utah Senator Orrin Hatch gave a speech from the Senate floor lamenting the lack of congressional debate over sports gambling in the months following the Supreme Court’s decision to strike down the Professional and Amateur Sports Protection Act (“PASPA”). Hatch, an original PASPA co-sponsor, touched upon both the risks he foresees for sports gambling markets in the absence of federal legislation and the steps that he believes are appropriate for Congress to take to regulate the industry.

What did Senator Hatch propose Congress do to address sports gambling?

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