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A Blog About Online Gaming and Entertainment Regulations

On June 3, 2019, Judge Paul Barbadoro of the United States District Court for the District of New Hampshire issued a 60-page opinion holding that the Wire Act is limited to sports gambling.  Judge Barbadoro’s opinion resolved litigation between the New Hampshire Lottery Commission, its service provider (NeoPollard), and the Department of Justice (DOJ), over a 2018 opinion by the DOJ’s Office of Legal Counsel (OLC) regarding the scope of the Wire Act.  In the 2018 opinion, the DOJ reversed its 2011 reasoning and found that the Wire Act applied to all gaming activity, not just sports wagering.  As part of the Wire Act litigation, Ifrah Law represented and argued on behalf of the iDevelopment & Economic Association (“iDEA”) as an amicus on the side of New Hampshire and NeoPollard. Judge Barbadoro analyzed the legislative history of the Wire Act—dating to its passage in 1961—to find that the Wire Act is limited to sports gambling, reasoning that the Congressional record “tends to subvert rather than support the Government’s interpretation of... Read more

Professional sports as an industry has a money problem. Game attendance across sports has been on the decline in recent years. Viewership has been on a downward trajectory as has traditional advertising. But two superheroes have appeared on the horizon to help turn things around. And if they team up, Avengers-style, they could benefit all… Read More

DOJ High-Wire Act
April 29, 2019

DOJ High-Wire Act

By: James Trusty and Andrew Silver

Heavyweight parties are slugging it out in a lawsuit in the Granite State, and Ifrah Law is taking a lead role in protecting the interests of America’s rapidly growing online gaming industry.  The New Hampshire civil case comes on the heels of the Department of Justice (DOJ) releasing an interpretation of the federal Wire Act… Read More

Update on 1/14/19 OLC Wire Act Opinion – All Eyes on New Hampshire
April 9, 2019

Update on 1/14/19 OLC Wire Act Opinion – All Eyes on New Hampshire

By: Jeff Ifrah and Andrew Silver

(This post was originally published on 1/15/2019 and updated on 4/8/2019) 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… Read More

As discussed in an earlier blog post, New Jersey’s licensing requirements for affiliate marketers impose significantly different structures depending on the revenue model. If the affiliate marketer only plans to work with casinos in a flat fee model (e.g. CPA or other form of pre-determined compensation), then they must register as a vendor. The vendor… Read More

NASPL Responds to the DOJ Reversal of Opinion
February 5, 2019

NASPL Responds to the DOJ Reversal of Opinion

By: Whitney Fore

On February 4, 2019, the North American Association of State and Provincial Lotteries (“NASPL”) issued a statement responding to the Department of Justice’s January 14, 2019, opinion regarding the Wire Act of 1961.  In its statement, the NASPL hints that the DOJ failed to consider the effects its latest Wire Act opinion would have on… 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