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A Blog About Online Gaming and Entertainment Regulations

A Cautionary Tale Courtesy of Fortnite
September 21, 2023

A Cautionary Tale Courtesy of Fortnite

By: Steven Eichorn
A fast-growing segment of online gaming is the in-game purchase on (sometimes free) games/apps in exchange for virtual items. The virtual items can be mere cosmetic game enhancements, features that increase a player’s likelihood of success, and many other options. Because these virtual items are purchased with real world funds, companies must be vigilant in employing good practices such as clear and conspicuous disclosures of all terms, ensuring customers have full knowledge and decision over any purchasing decisions, and, never engaging in deceptive advertising. Unfortunately, sometimes companies fail to properly implement safeguards to ensure they are operating in accordance with those best practices. For example, in a game like Fortnite (which is made by Epic Games Inc.), one can purchase gear, character “skins,” and dance moves (e.g., V-Bucks (the in-game currency) or other in-game items (like gear, llamas, or battle passes)). There are significant legal concerns about some of the marketing practices employed to sell these items, especially since a significant portion of their customer base are minors (and likely... Read more

A top concern of online gaming regulators is the control and dissemination of advertising. In connection with these concerns sites like Meta, X (formerly known and commonly referred to as Twitter), and Google have released online gambling advertising policies and requirements. To run online gambling and gaming advertising on Meta / Facebook users are required… Read More

G2E 2023: Outlook and Trends
August 16, 2023

G2E 2023: Outlook and Trends

By: Steven Eichorn

This year’s G2E (the premier gaming conference in North America), held annually in Las Vegas, Nevada (October 9-11, 2023 this year) is shaping up to once again be the premier conference for the gaming industry. The expected number of worldwide attendees from the global gaming industry is over 25,000 and it promises to once again… Read More

This past July the National Council of Legislators From Gaming States (NCLGS) Summer Meeting took place in Denver, Colorado. The Meeting occurs twice a year and brings together state legislators, regulators, attorneys, and industry representatives to discuss and confer on developments within the gaming industry. Throughout the Meeting there was an emphasis on responsible gaming… Read More

Terraform Labs Ruling Reels Back Ripple Enthusiasm
August 4, 2023

Terraform Labs Ruling Reels Back Ripple Enthusiasm

By: George Calhoun and Jake Gray

The recent ruling in SEC v. Ripple Labs had the cryptocurrency industry standing tall.  As we discussed recently, however, the Ripple ruling was less favorable – or at least less comprehensive – than it was being portrayed. Another ruling from the Southern District of New York – SEC v. Terraform Labs Pte.Ltd. and Do Hyeong… Read More

The Upside to the College Betting Scandals
July 21, 2023

The Upside to the College Betting Scandals

By: Steven Eichorn

In May 2023, several high-profile sports betting scandals involving collegiate athletic personnel, including both coaches and players, came to light, spawning discussions about the relationship between sports integrity and sports betting. Two months after those reports, NCAA President Charlie Baker indicated that the NCAA has found 175 infractions of its sports-betting and gambling policy since… Read More

Ripple Decision Shakes Up US Crypto
July 14, 2023

Ripple Decision Shakes Up US Crypto

By: George Calhoun and Jake Gray

In an apparent boon to the cryptocurrency and broader blockchain industries, a judge in the US District Court for Southern New York ruled on Thursday that Ripple Labs Inc. did not violate federal securities laws in the offering and sale of the XRP token on public exchanges, meaning that the token could be relisted on… Read More

Thinking of Starting Your Own DFS Company?
July 3, 2023

Thinking of Starting Your Own DFS Company?

By: Sara Dalsheim

The expansion of daily fantasy sports (“DFS”) is on the rise in the United States. As the country prepares for the 2023-24 NFL season, it is around this time we see new products come to the market. Unlike sports betting, launching a DFS product has less regulatory barriers. Although, there are a few key states… Read More

Today, the Court of Appeals for the D.C. Circuit issued a decision in West Flagler Associates, Ltd. v. Haaland, that will have meaningful implications for the future of online sports betting in Florida along with the interpretation of the Indian Gaming Regulatory Act (“IGRA”). By way of background, in the spring of 2021, the State… Read More