Blog
ifrah on igaming
image description

A Blog About Online Gaming and Entertainment Regulations

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 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... 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

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