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Fantasy Sports Bill Proposed for Nevada

On August 23, 2016, the two largest daily fantasy sports (“DFS”) operators, DraftKings and Fan Duel, will be presenting their proposed Nevada daily fantasy sports legislation (the “Proposed Bill”) to the Nevada Gaming Policy...more

Massachusetts Becomes Ninth State to Legalize Daily Fantasy Sports

Massachusetts Governor Charlie Baker has signed into law a bill to legalize daily fantasy sports in the Commonwealth. Massachusetts is the ninth state to legalize daily fantasy sports, and the eighth to do so this year. The...more

New York Legalizes Daily Fantasy Sports

Governor Andrew Cuomo signed into law a bill to legalize daily fantasy sports in New York. This is the eighth state to legalize daily fantasy sports, and the seventh to do so this year. With the start of the NFL season just...more

Political campaigns face copyright and robocall liabilities

Though it seems to come as a surprise to many of them, politicians — even presidential candidates — have to live with the same intellectual property and communications laws that bedevil the rest of us....more

Pennsylvania General Assembly Passes Revenue Package with Significant Digital Tax Expansion

On July 13, 2016, a legislative conference committee was appointed to approve an already agreed-upon $1.3 billion revenue package, which was immediately approved by both the House (116-75) and Senate (28-22) and sent to...more

Will Massachusetts Soon Need a Lottery Smartphone App?

In addition to scrolling through their email and reading the news, commuters on the T might soon be able to use their smartphones to play the state lottery. With only a matter of weeks remaining in this year’s legislative...more

Campaign IP Violations Part 3 – Huckabee’s Campaign Pays Up

In December, we told you about Mike Huckabee’s campaign getting sued for copyright infringement for using “Eye of the Tiger” without permission at a rally supporting Kim Davis, the Tennessee clerk that refused to issue...more

Big Leaguers: Daily Fantasy Sports Scores Major Legislative Victory in New York

From the Stanley Cup to the NBA Championship, there were some major sports victories these last few weeks. Championship cities celebrated with fans flooding their streets for victory parades. But one sports victory—a win...more

Massachusetts Gambling: Daily Fantasy Sports and the Lottery in the State House

All was relatively quiet on the daily fantasy sports (DFS) front in Massachusetts after Attorney General Maura Healy issued regulations for DFS in March. But legislative developments over the past few weeks suggest...more

Sign O’ the Times: the Right of Publicity Comes to Minnesota

The ability to control the use of one’s name, likeness, voice, and other personal attributes is known as the right of publicity. Unlike trademarks, patents, and copyrights, which are types of intellectual property governed...more

News from Second and State

A Look Ahead: - Next week looks relatively quiet, with only the House of Representatives in Harrisburg for voting session. On Monday, the House Gaming Oversight Committee will hold a public hearing at Hollywood Casino...more

Good Things Happen In Threes: Tennessee Becomes Third State To Enact DFS Law

On April 28, 2016, Tennessee Governor Bill Haslam signed the Fantasy Sports Act into law. The Act expressly defines fantasy sports contests as games of skill and regulates them. Passage of the Fantasy Sports Act makes...more

Alabama and Tennessee AGs Issue Opinions on Fantasy Sports

Alabama and Tennessee have become the most recent states to weigh in on the legality of daily fantasy sports (DFS) contests. Last week, the attorneys general of the two states issued opinions declaring such contests to be...more

Campaign IP Violations Part 2 – Trump Sued for Copyright Infringement

In December, we blogged about the unauthorized use of copyrighted songs by political campaigns. Well, those campaigns should also double check the images they are using. Donald J. Trump For President, Inc. was sued in federal...more

Did Virginia Save the Daily Fantasy Sports Industry?

Though there aren’t many $2 bills in circulation anymore, Thomas Jefferson’s beloved Virginia just made spending money on daily fantasy sports (“DFS”) contests legal. On March 7, 2016, Virginia enacted the “Fantasy Contests...more

Virginia first state to pass fantasy sports consumer protection legislation

The new Virginia Fantasy Contests Act regulates consumer privacy on fantasy sports game websites, like DraftKings and FanDuel, and also requires fantasy sports companies to pay a licensing fee in Virginia to pay for the cost...more

Virginia Passage of Fantasy Sports Law Appears Imminent; PA, NY and MD Bills in the Works

Virginia’s House and Senate have both passed a bill (SB 646) that would legalize, but regulate, fantasy sports in Virginia. All that is needed is for Governor McAuliffe to sign it into law. If passed, the law would create...more

California’s Correction Statute Amended to Protect Online and Weekly Publications

The California Legislature recently amended Civil Code § 48a to make clear that California’s correction statute applies to weekly and online publications performing the same news-disseminating function as a daily newspaper,...more

Why President Lincoln Put the Civil War on Hold to Extend Copyright Protection to Photographs

We’ve taken advantage of past Presidents Days to recount George Washington’s role in the history of U.S. Copyright law, specifically the birth of fair use. That role was not insubstantial, but it was posthumous and,...more

Rhode Island AG says Fantasy Sports is Legal but Should Be Regulated

Attorney General Peter F. Kilmartin has found that daily fantasy sports are currently legal under Rhode Island law. Kilmartin also strongly advised the Legislature to establish regulations to protect Rhode Island players....more

Another Shoe Drops: More Changes to the U.S. Cuban Sanctions from the White House

On January 25, the Obama Administration made concurrent announcements about its evolving posture on the Cuban sanctions. On that date, the Office of Foreign Assets Control (OFAC) released more changes to the Cuban Assets...more

If You Build It, They May Go Online: Massachusetts Senate Bill Would Allow Online Gambling

Among the many activities you can pursue online—rent a movie, buy groceries, pay a parking ticket—you may soon be able to pull the lever on a slot machine. Massachusetts Senator Bruce Tarr introduced a bill that would allow...more

Daily Fantasy Legal Score: NYAG – 1; DFS Operators 1

With the ink barely dry on the New York State court order requiring DFS operators in New York to cease operations, an emergency appeal was granted by the New York appellate court. The legal equivalent of a “Hail Mary” pass,...more

Presidential Campaigns Using Songs Without Permission Hit a Sour Note

Republican Presidential hopeful Donald Trump is “Not Gonna Take It”. He recently received permission from Dee Snider to use Twisted Sister’s 1984 hit “We’re Not Gonna Take It” in his campaign. Trump sought permission after...more

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

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