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There's a Way to Keep Horse Racing Alive and Help Our Economy and Environment

I never liked the idea of turning the Suffolk Downs racetrack in East Boston and Revere into a resort casino. Being from Revere, I feel strongly that there are better uses for that property than gambling. The city and its...more

Court Decisions Define the Future for Tribal Gaming

Definitions and syntax. Not only on middle school quizzes, but also what determined the fate of the Mashpee Wampanoag and Cowlitz tribal casinos in Massachusetts and Washington, respectively. Two federal court decisions...more

Pokemon Go Away: Monsters Creating Nuisance Problems

This game has been all the rage since July. Engadget reports over 100 million downloads of Pokemon Go, racking up $10 million each day in revenue for game makers Niantic, The Pokemon Company and Nintendo. It’s a beast. ...more

The Pursuit For An Island Casino

The Wampanoag Tribe of Gay Head (Aquinnah) continues its efforts to add casino bingo to the summer getaways and lobster rolls on Martha’s Vineyard. In November 2015, Massachusetts, the town of Aquinnah, and the Aquinnah/Gay...more

On Your Mark, Get Set, Build!

It has been nearly five years since Massachusetts legalized casino gambling, but the state is still without an operating resort casino. The Mashpee Wampanoag Tribe, MGM Resorts International, and Wynn Resorts are all chomping...more

A New Normal? Challenges to Market Definition Find a Foothold at 12(b)(6) Stage

Recent federal court opinions dismissing cases under Rule 12(b)(6) may provide an early off-ramp for antitrust defendants where a roadblock has often existed. Courts are increasingly dismissing cases at the 12(b)(6) stage for...more

Second Circuit Affirms Dismissal of Sherman Act Claims Due to Failure to Allege a Plausible Geographic Market

In Concord Associates, L.P., et al. v. Entertainment Properties Trust, No. 13-3933-cv (2d Cir. 2016), the U.S. Court of Appeals for the Second Circuit upheld the dismissal of a complaint alleging claims under the Sherman Act,...more

The Smart Guys in Everett Saw Steve Wynn's China Strategy from a Mile Off

One of the proverbs lodged in my cranium is, “The judgment of the village is never wrong.” I buy that. I also think that units within cities – neighborhoods, social clubs, busy restaurants, coffee shops and bars -- take...more

Shrinking Buffer Zones? Municipalities Now Have Discretion to Decrease the 1,000 Foot Requirement

Looking for a location for a licensed marijuana premises? Changes to the buffer zone requirements may be headed to your fair city. Previously, the Washington State Liquor and Cannabis Board (“LCB”) would not issue a...more

Gaming Legal News: Volume 8, Number 20: Landlords, Beware! Medical Marijuana And Gaming: How Close Is Too Close?

Landlords, Beware! Medical Marijuana And Gaming: How Close Is Too Close? On June 12, 2013, Nevada became the 14th state to legalize medical marijuana businesses. Suddenly, the country’s oldest gaming jurisdiction was...more

Rating Agency Developments

On November 2nd, DBRS updated its rating methodology for Companies in the Gaming Industry. On November 2nd, DBRS updated its rating methodology for European Non-Performing Loans Securitizations. On October 30th, Moody’s...more

The Location Release Agreement: Know Your Lines

Thanks to the state’s generous productions incentives, filmmakers are scouting Georgia locations like never before. Makers of feature films, television series, commercials and music videos are knocking on doors, seeking...more

The Unintended Consequences of Public Ownership of Sports Stadiums – The NFL meets Concealed Carry Gun Permits

“Politics is tricky; it cuts both ways. Every time you make a choice, it has unintended consequences.” — Stone Gossard A recent opinion from the Tennessee Attorney General’s office, No. 15-63, July 29, 2015, illustrates...more

Shepard Fairey Tagged: Detroit Issues Arrest Warrant

Shepard Fairey, viewed by some as a cutting edge and important “street artist” and by others as a vandal for his works of graffiti on both public and private property, has had a warrant for his arrest issued by the City of...more

Nevada Set to Regulate Nightclubs in Gaming Establishments

In the current legislative session in Nevada, a bill sponsored by the Nevada State Gaming Control Board has been amended to promote the regulation of nightclubs and nightclub employees that operate on a gaming premise. In...more

New Rules On Lease Agreements In The Retail Sector In Italy

A new law in Italy allows the parties to a lease agreement to avoid the onerous statutory provisions law no. 392/78 (the “Tenancy Law”). Effective from 12 November 2014, the parties to a non-residential property lease...more

Law À La Mode - Issue 15 – January 2015 (Global)

In This Issue: - Falling Foul Of China’s Trademark System: The Dangers Of International Trademark Applications In China - Retention Of Title: Protecting Your Business From Customer’s Insolvency - Fashion...more

DOJ Regulation Proposes New Closed Captioning Requirements

The Department of Justice has issued a Notice of Proposed Rulemaking that will establish new closed captioning requirements for movie theaters. This proposed rule has been issued under Title III of the Americans with...more

Additional Environmental and Host Municipality Guidance on the New York RFA Process

Revised guidance on the SEQRA process - 24-month time limit to begin upon conclusion of SEQRA review. SEQRA, or the State Environmental Quality Review Act, is a New York law mandating that projects receiving...more

Food and Hospitality Bites

In This Issue: - LANDLORDS AND LICENSED PREMISES - THE DEVELOPMENT OF THE LATE NIGHT LEVY - THE NEW FOOD INFORMATION REGULATIONS - “PARNUTS” – NEW RULES FOR FOOD FOR PARTICULAR NUTRITIONAL USES - THE WORLD CUP...more

Comfort Letters - Comfort for Whom?

If you are buying, building or refinancing a hotel, you'll almost certainly be looking to a bank or other lender to finance the hotel, and when you do, you'll need to negotiate dozens of documents, some long, some short, but...more

Four Casino Resort Licenses on the Table in Upstate New York – Time to Place Your Bets

As New York State prepares to issue four new gaming licenses, this alert takes a closer look at the details involved in the application requirements, bidding process, fees and approval considerations for prospective...more

Top 10 Indian Tribal Tax Developments in 2013 and Priorities for 2014

In 2013, courts were active in issues relating to Indian tribes, including ruling on state tax matters and the federal income tax aspects of Section 17 corporations. The top 10 Indian tribal tax developments from 2013...more

Painting on a Borrowed Canvas: When Property Rights Collide with Art

While most artists take pride in creating and protecting their works, many graffiti artists remain necessarily (sometimes famously) anonymous, since their art may also constitute criminal vandalism. In contrast to the...more

What Is Preliminary Relief in CA?

Plaintiffs are often confronted with the dilemma of prolonged litigation vis-a-vis losing their business to trademark infringement, competition, etc. Preliminary relief in some instances, along with other litigation tactics,...more

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