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Reviving the Statute of Anne: Should Lawyers Mine Centuries-Old Statutes for Profit?
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June 16, 2025
Reviving the Statute of Anne: Should Lawyers Mine Centuries-Old Statutes for Profit?
By: Robert Ward
For most of American history, state governments strictly prohibited nearly every form of gambling. In the last 100 years, however, many states have loosened gambling prohibitions in favor of a legal, regulated gambling industry. Still, remnants of strict, anti-gambling attitudes remain on the books in many states in the form of “loss recovery acts.” These centuries-old statutes allow a losing gambler to sue the winner and recover their losses. In many states, the statutes go one step further, allowing third parties to recover as much as three times the amount of the loss. While some statutes grant half the amount recovered to the state or local government, many permit the third party to retain the total amount recovered. These statutes,…
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Top 3 Takeaways from North American Gaming Regulators Association’s Annual Training
June 9, 2025
Top 3 Takeaways from North American Gaming Regulators Association’s Annual Training
By: Abbey Block
Last week, members of the gaming industry from all corners of the country traveled to Nashville, Tennessee to attend the North American Gaming Regulators Association’s (“NAGRA”) Annual Training and Education Conference. The conference featured panels and presentations from leaders in the gaming industry, including regulators, responsible gaming advocates, legislators, and technological experts. For many regulators, the NAGRA conference offers an opportunity to gain perspective regarding…
Ohio, the Grass is Greener: Neighboring States Set the Example in iGaming
June 6, 2025
Ohio, the Grass is Greener: Neighboring States Set the Example in iGaming
By: Jordan Briggs
Ohio has a budget problem. This is not an uncommon problem among states right now, but Ohio has the opportunity to fix it without the major cuts other states are considering by introducing a new vertical—online gaming (iGaming). Neighboring states Michigan and Pennsylvania introduced iGaming several years ago and have recently recognized record revenues. iGaming in Michigan generated $451.4 million in tax revenue and fees…
Ontario Lottery Survives Legal Challenge by the Mohawk Council of the Kahnawà:ke
May 20, 2024
Ontario Lottery Survives Legal Challenge by the Mohawk Council of the Kahnawà:ke
By: Jeffrey Hamlin
The Ontario Superior Court handed a clean victory to Ontario’s internet gaming (“iGaming”) regulator and Attorney General last Monday, when it declared that Ontario’s regime for online gaming comports with Canada’s Constitution and Criminal Code. The much-anticipated decision disposed of a lawsuit that the Mohawk Council of Kahnawà:ke (the “Council”) filed in November 2022, alleging that (i) Canadian law prohibits lottery schemes (to include sports…
Sports Betting Advertisement Numbers Actually Decreasing
May 2, 2024
Sports Betting Advertisement Numbers Actually Decreasing
By: Jordan Briggs
Legal online sportsbetting, is still relatively new in America.[1] Over the last six years, as more states have legalized online sportsbetting, Americans have noticed more and more ads, leaving some feeling inundated with these ads.[2] But have Americans really seen more online sportsbetting ads, or have they only noticed more ads? Today, the American Gaming Association (“AGA”) published a summary of its research finding that…
Ad-Tech Europe: The Moving Target Marking Targeted Advertising
April 26, 2024
Ad-Tech Europe: The Moving Target Marking Targeted Advertising
By: Nicole Kardell
The European Data Protection Board (“EDPB”) recently published an opinion on the legality of pay-or-consent models for online platforms offering services in Europe. While the opinion is non-binding and limited to “large online platforms[1],” companies that offer platforms large and small in Europe should pay attention to the EDPB’s analysis—it will inform their future guidance for entities large and small. The upshot: Pay-or-consent models [for…
CFPB Banking in Video Games and Virtual Worlds
April 25, 2024
CFPB Banking in Video Games and Virtual Worlds
By: Jordan Briggs
Converting your dollar to donuts,[1] or whatever in-game currency you choose, has never been easier. As microtransactions online become easier to execute and more prevalent, the in-game economies start to resemble traditional banking—minus the standard banking protections. This issue is not lost on the Consumer Financial Protection Bureau (CFPB). Earlier this month, the CFPB released an Issue Spotlight on “Banking in video games and virtual…
Ohtani-Mizuhara Scandal: A Case for Regulated Sports Betting, Not Against It
April 11, 2024
Ohtani-Mizuhara Scandal: A Case for Regulated Sports Betting, Not Against It
By: Jake Gray
Shohei Ohtani finds himself at the center of a sports betting scandal and regulated sports betting naysayers have taken the opportunity to toot their own horns. The opening line of this LA Times article, by Pulitzer Prize-winning journalist Michael Hiltzik, states: “Question for Major League Baseball: How do you like your sports betting partnerships now?” His implication is that the MLB’s embrace of sports betting…