David Deitch

David Deitch

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Another Bill to Expand the Wire Act: Bad Law Clothed in a Lie

This past week’s focus on the presence of the Confederate battle flag on the grounds of the South Carolina capitol (and elsewhere) brought back to the fore the specter of “states’ rights” – the seemingly high-minded excuse...more

6/26/2015 - Gaming Interstate Wire Act Online Gaming Proposed Legislation Sports Betting

U.S. Justice Department v. FIFA Executives and Others in Bribery Indictment

In an ironic twist, the U.S. Justice Department unsealed a 47-count indictment yesterday charging nine present and former officials of the Federation Internationale de Football Association (better known by its acronym, FIFA)...more

6/3/2015 - Bribery Corruption DOJ FCPA FIFA Guilty Pleas Indictments RICO Soccer Sports

Laptops, Border Checks and The Fourth Amendment

Developments in law are sluggish compared to the rapid rate of technological advancement, and courts must constantly apply old legal principles to technologies which were not contemplated at the time the laws were enacted. ...more

5/12/2015 - Airports Evidence Fourth Amendment Search & Seizure

Wisconsin Indian Tribe Prevails – State Cannot Ban Electronic Poker on Reservation

The U.S. Court of Appeals for the Seventh Circuit has overturned a federal district court ruling that had permitted the State of Wisconsin to prohibit the Ho Chunk tribe from offering electronic poker on its reservation...more

5/8/2015 - Appeals Gaming Indian Gaming Native American Issues

The Definitive Guide To Igaming In The United States

In this issue: - Introduction - Business Opportunities In Igaming - The Critical Role Of The Land-Based Casinos - As Conduits For Igaming - As Partners With Igaming Operators -...more

4/28/2015 - Casinos Gambling Gaming Gaming Revenues IGaming Indian Gaming Internet Gambling Online Gaming

Phoenix Project: Atlantic City Can Rise From The Ashes

Most of the news from the Atlantic City Boardwalk over the last couple of years has not been promising. Several of the massive casino resort properties there have closed and/or slipped into bankruptcy, and the resale or...more

4/9/2015 - Casinos Economic Development Redevelopment Resorts & Restaurants

Fifth Circuit Rules Only a Seaman Can Commit Seaman’s Manslaughter

A recent decision of the U.S. Court of Appeals for the Fifth Circuit Court serves as a good reminder that criminal statutes say only what they say, and that it is up to the legislature to revise statutes to expand their scope...more

3/27/2015 - Appeals BP Criminal Prosecution Deepwater Horizon Manslaughter Oil & Gas Seamen Vessels

Nevada Sports Books Will Be Going For The Gold During The Next Olympics

Nevada gaming regulators have voted unanimously to permit the state’s sports books to accept wagers on the Olympic games for the first time in years. Nevada joins international sports books in a number of other countries that...more

3/4/2015 - Gaming Olympics Sports

The Federal Wiretap Act and the Law of Unintended Consequences

The law of unintended consequences – a distant cousin of Murphy’s Law – states that the actions of human beings will always have effects that are unanticipated and unintended. The law could prove a perfect fit for recent...more

3/3/2015 - Behavioral Advertising Browser History Sniffing Class Action ECPA Invasion of Privacy Keyword Advertising Lenovo Software Superfish Wiretap Act

SCOTUS Rules No Felony for Throwing the Little Ones Overboard

The case, Yates v. United States, arose from a offshore inspection of a commercial fishing vessel in the Gulf of Mexico. During the inspection, a federal agent found that the ship’s catch contained undersized red grouper, in...more

3/3/2015 - Conservation Destruction of Evidence Evidence Fishing Industry Intangible Property Sarbanes-Oxley SCOTUS

Daily Fantasy Sports and the Start of Class Action Season

While billions of dollars of sports betting continues in the shadowy world of illegal off-shore sports books, the fantasy sports business has been on fire. And as fantasy sports becomes the new hot “thing” online, it has...more

1/8/2015 - Advertising Class Action False Advertising Fantasy Sports Sports Unfair or Deceptive Trade Practices

Even Governors Go To Jail

This afternoon, the long-running saga of Robert McDonnell came to what may be the end (not counting appeals) when the former Virginia Governor was sentenced to serve two years in prison after a jury convicted him of bribery...more

1/7/2015 - Bribery Criminal Prosecution

Apparently, the Wizard of Oz Notwithstanding, Kansas Frowns upon Fantasy

Last week, the Kansas Gaming & Racing Commission (“KGRC”) updated the “Frequently Asked Questions” on its website to reflect its position that fantasy sports leagues violate Kansas law against gambling. Under Kansas law, a...more

8/28/2014 - Gambling Gaming

Another SDNY Judge Finds the U.S. Sentencing Guidelines Wanting

In a sentencing hearing yesterday in the Southern District of New York, yet another judge reached the conclusion that the quasi-mathematical formulaic approach of the United States Sentencing Guidelines fails to account...more

5/1/2014 - Criminal Prosecution Federal Sentencing Guidelines Sentencing

Are High Frequency Traders Playing Fast and Loose With the Rules?

When high frequency trading (HFT) first crept into the public consciousness, it related to primarily to the question of whether rapid, computer driven trading posed risks to the safety and stability of the trading markets. ...more

4/18/2014 - CFTC Fraud High Frequency Trading SEC

Herbalife Hit with Civil Investigative Demand – Is the FTC Finally Turning up the Heat on Multi-Level Marketers?

For many, the announcement two weeks ago that the Federal Trade Commission has commenced a formal investigation into Herbalife was not terribly interesting. After all, nutritional supplement company Herbalife has been the...more

3/27/2014 - Enforcement Actions FTC Herballife Investigations

$76 Million Distributed in Full Tilt Poker Restitution

We have previously reported on the arrangements being made by the Garden City Group for remittance of money to the former customers of Full Tilt Poker. Since that time, there has been a lengthy process for the submission of...more

3/3/2014 - Gambling Poker Restitution

Omnicare Decision Limits the Reach of False Claims Act

A recent decision by the Court of Appeals for the Fourth Circuit limiting the reach of the False Claims Act demonstrates how relators who pursue cases in which the government declines to intervene can end up making law that...more

3/3/2014 - False Claims Act Omnicare

Bitcoin Does Not Need a Ban, It Needs Enlightened Regulation

If an outright ban of Bitcoin is not the correct approach, what is? More to the point, what does Bitcoin (and virtual currency in general) need to for legitimacy?...more

2/27/2014 - Bitcoins Legal Perspectives Virtual Currency

Recent Ruling May Put Dent In Ability of Government to Seize Domain Names

A November 2013 ruling from the United States District Court in a bankruptcy case may create an obstacle for a tactic increasingly popular among federal prosecutors – the seizure of a defendant company’s domain name....more

2/11/2014 - Commercial Bankruptcy Domain Names Internet Websites

Healthcare Fraud Recoveries at All-Time High Since 2009

Fiscal year 2013 marked the fourth consecutive year in which the Department of Justice has recovered at least $2 billion from cases involving charges of healthcare fraud. Make no mistake: these record-setting yields were no...more

1/28/2014 - DOJ Enforcement Actions False Claims Act FDA Healthcare Healthcare Fraud

Charges Against Former Virginia Governor McDonnell Brought on by Whistleblower

The media coverage of this week’s announcement that federal prosecutors have charged former Virginia Governor Robert F. McDonnell and his wife, Maureen, with illegally accepting gifts from a wealthy Richmond area businessman...more

1/24/2014 - Bribery Political Candidates Political Corruption Political Scandals Public Officials Whistleblowers

Bitcoin Goes Mainstream

As followers of trends in e-commerce, our firm takes a keen interest in new e-payment methods. Last year, we predicted the Bitcoin would emerge as an innovative mode of currency for online transactions. When Bitcoin – an...more

1/20/2014 - Bitcoins FinCEN Virtual Currency

Supreme Court Grants Cert to Resolve Circuit Conflict on Intent Required to Prove Federal Bank Fraud

On December 13, 2013, the United States Supreme Court granted a certiorari petition in a case that squarely poses the question of what the government must prove with respect to intent in order to convict a defendant of...more

12/17/2013 - Bank Fraud Banks Fraud SCOTUS

Report From FTC Briefing – Blurred Lines: Advertising or Content?

The FTC held a workshop on Wednesday to examine the blurring lines of advertisements and content in digital media today. Executives from a myriad of professions gathered to discuss how sponsored content in digital...more

12/6/2013 - Advertising Digital Media FTC Native Advertising

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