Online Gaming & Gambling

Licensing & Compliance

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Licensing & Compliance

Ifrah Law has successfully helped numerous companies enter the online gaming market in each state where online betting and/or fantasy sports are currently legal in the U.S., and has prepared many companies to launch in jurisdictions where legalization is imminent. We also have extensive experience assisting foreign clients in navigating their initial entry into the U.S. gaming market.


Licensing

We guide clients through the licensing process by:

  • Conducting a comprehensive review of each company’s business policies and practices in order to provide bespoke recommendations on regulatory compliance, website disclosures, trademark and copyright protection, contract review and negotiation, and overall brand protection
  • Advising on the appropriate application requirements in each locality, including necessary ownership and personal disclosures
  • Reviewing applications before filing with the state gaming regulator
  • Responding to follow-up requests by regulators

We work diligently to ensure the application process goes smoothly and prepare for any challenges that may arise in such areas as:

  • Addressing proposed license conditions
  • Assisting with hearings before regulatory bodies

Once a license has been secured, we continue to safeguard our clients’ interests by offering ongoing counsel on compliance with licensing requirements and foreign, federal, and state laws so that they may continue to operate and scale. Such services also include preparing and providing legal opinions requested from outside vendors and services in order to do business with the client and confirm that they are properly licensed/registered.


Advertising and Promotional Compliance

As gaming companies in offer promotions to attract new customers and retain existing customers, they often risk violating a complex web of regulations that govern advertising and marketing. Ifrah Law offers specialized guidance to clients regarding promotions, including federal and state truthful advertising disclosures. We also counsel gaming clients on the myriad of state advertising restrictions and obligations and guidelines imposed by industry and self-regulatory bodies.

In addition, our team regularly guides organizations through the heavily regulated areas of contests, sweepstakes, online games, and other promotions. We take clients from the “idea” stage of a promotion through all subsequent contractual stages: launch, winner selection, and prize fulfillment. Not only do we manage state registration and bonding requirements, but we also provide counsel on advertising contracts and disclosures across various media (including social networks); prepare contest rules and negotiate celebrity/social media influencer endorsement agreements; and oversee online disclosures as required by the Federal Trade Commission and other agencies so that our clients can offer nationwide promotions in full compliance with all permissible sweepstakes and contest rules.

 

Case Studies

Advising eSports Company on ICO, Cryptocurrencies, Compliance, and Regulation

Unikrn, an international leader in eSports products and content, asked us to provide legal advice on various new products, including its initial coin offering: we provided strategic advice on the products and games on which the cryptocurrencies could be used, while remaining compliant with U.S. gaming and financial services regulation on the federal and state level. We also worked closely with Unikrn during all phases of development of their product, including revisions to the product and games, updates to the ICO whitepaper, and various regulatory and compliance strategies. We continue to advise Unikrn on various new gaming offerings and are advising on licensing matters in newly opened sports betting markets.

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Preparing License Application to Become Registered Casino Service Industry Enterprise

Ifrah Law prepared the license application for Ezugi to become a registered Casino Service Industry Enterprise in New Jersey. We have worked extensively on representing the client in negotiations with the New Jersey Division of Gaming Enforcement to address Division of Gaming Enforcement (DGE) concerns, obtain approval of the application, and to receive transactional waivers for continued operations. The firm also represents Ezugi on its corporate transactions and revenue share agreements with multiple casinos. Ezugi was the first operator after regulation to offer a “virtual” live dealer where remote players watch and play poker
online while they view a real casino table and dealer. This innovative and cutting-edge work has resulted in our client partnering with the Golden Nugget Casino and its counsel, Brownstein Hyatt Farber Schreck, LLP.

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Sports Betting Data Company Licensing and Preserving Commercial Contracts

A sports betting data company contacted Ifrah Law to assist with its licensing process in New Jersey and Mississippi in relation to its sports betting business. The company provides sports betting data to sports books all over the world and is seeking licensure in New Jersey and Mississippi.

Ifrah Law assisted with the licensing process, including reviewing applications and disclosures, advising on proper disclosures for corporate officers and the various business entities, and working directly with regulators on the licensing process. We were successful in securing approval for operations in New Jersey while the investigation was underway.

The firm also assisted with petitioning the Mississippi Gaming Commission for approval to begin offering certain sports betting products prior to finalization of the license application, thus preserving the company’s commercial contracts.

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