Jeff Ifrah quoted on FanDuel and DraftKings’ NY Supreme Court Appearance

A legal battle that will shape the future of the billion-dollar daily fantasy sports industry kicks off Wednesday in New York Supreme Court, where powerhouse game operators DraftKings and FanDuel will try to fight off New York Attorney General Eric Schneiderman’s quest to temporarily shut them down as the case heads to trial.

Schneiderman alleges that DraftKings and FanDuel are violating the state’s gambling statutes and have misled the public with deceptive advertising. An emergency hourlong hearing in front of Justice Manuel Mendez is scheduled to begin at noon ET and will address Schneiderman’s request for a preliminary injunction to prevent the companies from allowing New York residents from participating in contests inside the state.

The two operators say they offer games of skill, not gambling, and have been complying with state law for years…

Jeff Ifrah, a prominent Washington, D.C., gaming lawyer, said ruling on the skill-versus-chance merits would be extremely challenging for the judge with limited time. He believes the deceptive advertising allegations could play a bigger factor in any ruling.

“Everyone is focused on skill versus chance, but history teaches us here that the outcome of these types of litigations often is arrived at without ever addressing skill versus chance,” Ifrah said…