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A Blog About Online Gaming and Entertainment Regulations

On Jan. 14, 2019, the Department of Justice’s Office of Legal Counsel issued an opinion reversing its 2011 position on the Wire Act and sports betting, contradicting not just itself but decisions by at least two District Courts and dicta by the U.S. Supreme Court by maintaining that the Wire Act prohibits all interstate wagering activity. This Opinion has not yet been implemented into an enforcement action, so worry about the legality of sports betting and online gaming may be premature. However, the Opinion seeks to push these questions to eventual litigation and clarification by the courts or action by Congress. Background In 2011, the Department of Justice (DOJ) was asked by two states poised to start state lotteries whether those operations could trigger federal prosecutions under 18 USC 1084 (“The Wire Act”). The Department obtained an opinion from the Office of Legal Counsel (“OLC”) which announced that the Wire Act’s prohibitions were limited to sports betting. Consequently, the two states began to run, and continue to run, lotteries that include intermediate routing. Relatedly,... Read more

Once adamantly opposed to the idea of legal sports betting, professional sports leagues are now hurrying to play catch-up in order to profit from the burgeoning sports betting market.  On Wednesday, the National Basketball Association (“NBA”) issued a release announcing its “first betting data partnerships in the U.S.” with sports data companies Sportradar and Genius… Read More

But today I am still just a Bill
October 22, 2018

But today I am still just a Bill

By: James Trusty

By all accounts, a bill for legalized sports betting in D.C. (“The Sports Wagering Lottery Amendment Act of 2018”) was well-received last week by the City Council, but the byzantine process by which it might become a law leaves plenty of opportunities for mischief.  On Wednesday, Councilman Jack Evans introduced legislation with the support of… Read More

Congratulations, you won a sports bet! What happens now? In the five states where sports betting is now legal, any qualifying individual who places and wins a sports bet can exchange their winning ticket for payment. That means any individual who can prove they are over 21 through an in-person check or the latest digital… Read More

It’s a showdown in Texas over the legality of daily fantasy sports (“DFS”) contests under Texas law. But it’s a showdown only for show, it seems. The drama over the legality of DFS in Texas began on January 19, 2016, when Texas Attorney General Ken Paxton unilaterally issued an opinion letter declaring fantasy sports illegal… Read More

With online sports betting and gaming now legal in New Jersey, many businesses are seeking to jump into this flourishing industry. However, the regulations require that any company seeking to offer this kind of entertainment be associated with a land-based casino in the state, and that kind of association requires a specific legal status. Companies… Read More

A Guide To Getting A Legal Online Gaming License
August 29, 2018

A Guide To Getting A Legal Online Gaming License

By: Ifrah Law

Now that states have the right to decide whether to allow sports betting within their borders, the floodgates have opened: numerous states are passing bills so that this form of entertainment can start generating revenue within their borders. Because many consumers will want to engage in this kind of online gaming on their mobile devices,… Read More

Following the Supreme Court decision to overturn The Professional and Amateur Sports Protection Act (PASPA) in Murphy v. NCAA, in June Delaware became the first state to take advantage of the new ruling. Delaware governor John Carney placed the state’s first legal single-game bet: $10 on the Philadelphia Phillies in their game against the Chicago… Read More