Steven Eichorn

ASSOCIATE
Biography

Steven provides counsel and guidance to emerging companies, small businesses and tech startups in the e-commerce and defense industries. Clients appreciate Steven’s thorough understanding of the law and his straightforward assessment of their issues and rights under the law. Since many of his clients are small businesses, they also turn to him to manage their general legal matters, such as corporate formation documents, operation agreements and employee contracts. In all of these areas, Steven excels at resolving his clients’ various legal challenges and surpassing their expectations.

As daily fantasy sports has surged in popularity, Steven has applied his knowledge of the online space to companies and niche players in the iGaming market. He provides analysis of current and proposed daily fantasy sports games to ensure compliance with state and federal laws and opinion letters for companies in need of payment processing verification. Steven recently negotiated a $60 million sale of several iGaming websites, with earn-out payments expected to exceed $45 million, based on revenue performance over the next three years. This transaction positioned the buyer as the largest regulated casino affiliate in the US.

Steven has significant experience in the investigative domain of the government. He has a clear understanding of how these proceedings work and how to best represent his clients to obtain the best possible result. His successes include drafting the operating documents for a joint venture that successfully bid on a government contract worth over $10 billion, and prevailing on behalf of a government contractor in a size protest before the U.S. Small Business Administration. He has also enjoyed considerable success for clients in debarment proceedings before the DOD and EPA, achieving decisions of no debarment period for government contractors that were subject to a suspension and debarment proceeding.

Clients in the e-commerce and online advertising sphere turn to Steven for his familiarity with the nuances of their industry. First and foremost, he helps protect clients from legal liability from both consumers and contracting parties. This is achieved through thoughtfully prepared privacy policies, terms and conditions, end user license agreements and online distribution agreements. Beyond immediate industry-related concerns, Steven also provides guidance on legal needs such as product manufacturing agreements, creating LLCs, and writing bylaws.

Steven extends his legal skills in the community by assisting individuals in pro bono matters, including providing legal advice in landlord-tenant disputes and uncontested divorce proceedings. Steven has also served on the boards of a number of community organizations.

 

Professional + Community

  • Bancroft Village Homeowner’s Association, Treasurer
  • DC Bar, Member
  • KAYTT, Board Member
Publications + Presentations
March 2013 | Publication

"FATCA: the end of hiding US accounts in foreign banks?", E-Finance & Payments Law & Policy

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October 13, 2010 | Publication

"Commentary: Banned from the Internet", The National Law Journal

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Case Studies

Successfully Obtaining a Preliminary Injunction at the Court of Federal Claims

Our client, a long-time government contractor, rightly turned to Ifrah Law when it suspected a competitor had violated FAR regulations. Our client submitted a proposal in response to a government RFP to provide seminars and library services to detainees at the U.S. Naval Station Guantanamo Bay. The RFP stated that this would be a “lowest price technically available” (LPTA) contract.

Our client’s proposal was unsuccessful, and they moved to challenge the award. Our critical review of the record revealed that the successful bidder may have utilized unbalanced pricing. We successfully argued that our client’s pricing was balanced and potentially fairer to the government – a difficult argument to make in LPTA solicitations because of the discretion granted to contracting officers. Our challenge was successful and following the court’s order granting a preliminary injunction, the government was forced to take corrective action.

(Torres AES v. United States, 1:13-cv-00898 (Damich, J.))

Successfully Negotiating a $60 Million Sale of iGaming Websites

Ifrah Law helped our client profitably exit its strong position in the lead generation market within iGaming through a sale of websites and other affiliate related assets from the US-based founders in a transaction worth up to $60 million.

The acquisition included generated revenues from licensed operators in the regulated casino and poker markets in the states of New Jersey and Nevada, plus a range of other assets which are expected to generate significant revenues as other US states re-regulate iGaming. It positions the buyer to become the largest regulated casino affiliate in the US, and to take advantage of further re-regulation in what has the potential to become the world’s largest iGaming market.

Currently the US market represents approximately 20 percent of the total online Casino market. Some states have reregulated to permit online games, such as Nevada (poker), Delaware (all game types) and New Jersey (all game types), and initiatives are underway to re-regulate in other states.

Successfully Defending a Government Contractor Against a Terminated Employee’s Health Care Claim

Ifrah Law successfully defended a government contractor against claims by a terminated company employee. Our client, a health care professional supplier, faced allegations that it failed to offer the former employee COBRA insurance coverage, as required under the COBRA statute.

Ifrah Law conducted a bench trial in the U.S. District Court for the Eastern District of Virginia in January 2012. The judge sustained minimal claims and awarded the plaintiff a mere $500.

(Middlebrooks v. Godwin Corporation, U.S. District Court, Eastern District of Virginia, No. 1:10CV1306))

Prevailing in a Government Contractor’s Debarment Proceeding

How long should your past haunt you? A client of Ifrah Law faced that question when it was confronted with a potentially crippling debarment from a federal agency.

The government contractor had participated in a conspiracy to bribe a public official for a contract award. However, it was the first to cooperate in the resulting federal investigation, which led to a successful conviction. Fast forward four years, and the Department of Defense moved to debar our client. The DoD had already placed the contractor on the Excluded Parties List System (EPLS) but wanted to go a step further. Debarment would have been devastating for our client’s business, resulting in an almost complete loss of revenue.

Presenting the client’s strong performance record since the bribery incident (we even got the prosecutor from the contract bribery case to write a letter to the court on our client’s behalf), Ifrah Lawyers successfully represented the contractor in the debarment proceeding. We obtained a decision of no debarment period at all.

Protesting Procurement Irregularities to Keep a Client in Competition

A client contractor participated in a procurement competition over a multi-award contract with the Department of the Army that was valued at almost half a billion dollars. After submitting a proposal, our client (along with other bidders) was excluded from the competition because of a deficiency in a proposed labor rate. The other excluded parties protested to the Government Accountability Office, and the Army permitted five of the protesting parties to rejoin the bidding process.

With just a week left before the final proposal revisions were due, our client asked us for help. We filed a U.S. Court of Federal Claims protest asking to reverse the exclusion based on irregularities in the procurement process. We also asked for an injunction to prevent the bidding process from ending.

As a result of our filing and subsequent negotiations with the Department of Justice, our client was permitted to rejoin the bidding and to submit a revised bid.

(Platinum Business Corporation, et al. v. United States, 1:12-cv-00001, Court of Federal Claims, Bid Protest (2012))

Effectively Advocating for a Government Contractor Facing Debarment

Having spent over 30 years in the environmental and renewable energy industry, our client was dismayed when he received a Notice of Suspension and Proposed Debarment (the Notice) from the EPA. Facing the possibility of a three-year debarment, our client knew that such a black mark would mean not only the end of his company, but also the end of his career.

Ifrah Law set to work on contesting the Notice and addressing the mitigating and aggravating factors. While our written response was strong, the bold and clearly reasoned advocacy we provided during the oral argument had the biggest impact on the case. Ifrah argued that this was a one-time oversight during an alleged emergency situation, for which our client was truly remorseful. But we took the additional step of arguing that that our client never should have been prosecuted in the first place, and that he was the victim of an overzealous prosecutor.

After the record closed, we were told that a settlement of two years was feasible, but we refused to settle. When the decision was rendered, our client faced no debarment whatsoever, allowing him to resume his government contracting business immediately. The EPA legal counsel involved in this matter told us that the advocating we did on our client’s behalf was one of the best she has ever seen.

Blog Posts
April 23, 2017

Fantasy Golf: A Hole in One

Fantasy Golf: A Hole in One
The Masters golf tournament had quite an exciting finish this year and it also was a successful tournament for Daily Fantasy Sports (DFS) operators. As reported by Dustin Gouker: “The Masters marked the unofficial start to the daily fantasy golf season at DraftKings… the metrics for Masters contests were impressive.” Such popularity inevitably leads to... Read More
February 1, 2017

Will Clemency Continue?

Will Clemency Continue?
There are many big policy changes happening in Washington these days and they receive appropriate press coverage. But, there are also many smaller changes that can have literally life changing effects on citizens, which are not generally reported in the media. One of those smaller changes is whether the Trump administration will revive a clemency program... Read More
November 14, 2016

Coalition Building to Combat Unlicensed Internet Gaming Sites

Coalition Building to Combat Unlicensed Internet Gaming Sites
The NJ Division of Gaming Enforcement (DGE) regulates various licensees that provide services to the online gaming industry within the state. The agency recently demonstrated its power of regulatory enforcement over the online gaming industry and its unique ability to protect consumers with its recent discovery that a licensee may have provided US residents with access... Read More
August 15, 2016

A Bank is a Bank

A Bank is a Bank
Do you remember when I wrote about how a federal district court had ruled that an online poker account was akin to a bank account and should therefore be subject to FBAR reporting? It seemed nonsense to me at the time—and I also worried about whether the court’s expanded definition of a “financial institution” would... Read More
May 24, 2016

How the Gray Bill Tries to Keep Out Bad Actors

How the Gray Bill Tries to Keep Out Bad Actors
The iGaming world is excited about Assembly Bill 2863—better known as the Gray bill because of lead sponsor Adam Gray—which would legalize and regulate intrastate online poker in California. A few weeks ago, the bill unanimously cleared the Assembly’s Governmental Organization Committee; now it looks set to clear the Appropriations Committee as well. Those are... Read More
March 30, 2016

Online Poker: A New Way to Bank?

Online Poker: A New Way to Bank?
In light of Tax Day (note that it’s on the 18th of April this year due to a holiday on the 15th) we want to point out a curious ramification from a federal case concerning online gambling, tax reports, and foreign accounts. In United States v. Hom [1], the defendant, John C. Hom, was an... Read More
December 28, 2015

Amazon Pursued Fake Reviews In 2015, What Will It Pursue In 2016?

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In 2015, Amazon filed suit against over 1,000 unnamed individuals for allegedly offering to sell fake online reviews (positive or negative) on Fiverr.com (“Fiverr”). The unnamed defendants offer to provide 5-star reviews and some defendants even encourage sellers to provide their own text to use in the review. In order to avoid detection, defendants offer... Read More
September 8, 2014

The Hidden Regulatory and Licensing Consequences to a Conviction or Arrest

The Hidden Regulatory and Licensing Consequences to a Conviction or Arrest
When it comes to a conviction, or even an arrest, the collateral consequences that are sometimes overlooked by client and counsel can be extremely damaging, especially when dealing with government agencies and programs. One such set of consequences is unique to contractors who do business with federal or state governments.  Because even a plea to... Read More
August 29, 2014

Collateral Damage: Criminal Convictions and the Lasting Consequences

Collateral Damage:  Criminal Convictions and the Lasting Consequences
Prosecutors and often even judges do not appreciate the collateral consequences of a criminal conviction, regardless of whether it results from a trial or a plea agreement.  While the direct consequences of conviction are obvious – such as jail time, probation requirements, and fines – the collateral consequences are more insidious.  Yet sometimes those consequences... Read More
July 11, 2014

NY Legalizing Medical Marijuana with the Compassionate Care Act

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Severely ill patients in New York State are celebrating Gov. Andrew Cuomo’s signature of a bill that legalized medical marijuana in New York for many severely ill patients[1]. As noted by Assembly Speaker Silver in his remarks, “With this agreement, we are assuring access to that much-needed relief while ensuring the tightest possible regulation and... Read More
Crime in the Suites | FTC Beat | Ifrah on iGaming