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A Blog About Online Gaming and Entertainment Regulations

The inability to secure banking services has created enormous difficulties for state level, legal cannabis industries.  Eleven states and the District of Columbia have legalized the recreational use of marijuana, and a majority of states also have legal medical marijuana programs. Nonetheless, "marihuana" remains a Schedule I controlled substance under the Controlled Substances Act and its sale or possession can be a federal crime.  As a result, U.S. banks and credit unions are wary of doing business with the cannabis industry because of the threat of criminal prosecution and regulatory penalties.  Without making any changes to the criminal law, the U.S. House of Representatives seemingly took a significant step towards the legalization of cannabis on Wednesday, September 25, 2019 when it passed the Secure and Fair Enforcement (SAFE) Banking Act of 2019, with a vote of 321-103. The SAFE Banking Act seeks to provide a safe harbor for the banking and payment processing industries to service legal (at the state level) cannabis businesses even though such businesses are violating federal... Read more
North Carolina on the Verge of Legal Sports Betting
July 29, 2019

North Carolina on the Verge of Legal Sports Betting

By: George Calhoun

In April, I spoke to the North Carolina Bar Association concerning the future of sports betting in the state.  At the time, a bill to legalize sports betting was making its way through the legislative process.  Last week, the North Carolina legislature finally passed a bill authorizing sports wagering at the state’s two Eastern Band… Read More

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… 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