Casinos

News & Analysis as of

Nevada Supreme Court Refuses To “Blue Pencil” Unreasonable Non-Compete

Nevada, unlike California, applies a reasonableness test to non-compete agreements. Although the Nevada courts haven’t identified a specific heuristic to be followed, a covenant not to compete will be found to be...more

FinCEN Assesses Significant Penalty Against Casino for Bank Secrecy Act Violations

The Financial Crimes Enforcement Network (FinCEN) assessed on July 15 a civil money penalty in the amount of $2.8 million against Hawaiian Gardens Casino Inc., d/b/a The Gardens Casino, for Bank Secrecy Act (BSA) regulatory...more

Supreme Court Declines to Consider Curtailing NLRB’s Authority over Michigan Tribal Casinos

Recently, two Michigan tribes petitioned the U.S. Supreme Court challenging the National Labor Relations Board's (NLRB) authority to regulate labor practices at their casinos. Unfortunately, the U.S. Supreme Court declined to...more

Skin in the Game: Is There Online Gambling in the World of eSports?

Over a billion people around the world have caught eSports fever. eSports, also known as electronic sports or competitive video gaming, describes a wide array of online games spanning from traditional sports games to...more

Reserve Casino Hotel to Pay $250,000 to Settle EEOC Age and Sex Discrimination Lawsuit

Company Discriminated Against Older Women Applicants by Refusing to Hire Them, Federal Agency Charged - DENVER - RCH Colorado, owner and operator of the Reserve Casino Hotel, a prominent hotel and casino in Central City,...more

Big Changes Coming to Pennsylvania's Alcoholic Beverage Market

On June 8, Pennsylvania Governor Tom Wolf signed into law the first major overhaul of the Commonwealth’s Liquor Code since the end of Prohibition. Wolf heralded the measure as enhancing customer convenience while providing...more

UK Financial Regulatory Developments - June 2016 #2

FCA appoints Megan Butler as Supervision Director - FCA announced that Megan Butler has been appointed as its permanent Director of Supervision – Investment, Wholesale and Specialists. Ms Butler has previously been in...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

“We Reserve The Right To Refuse Service To Anyone”, But What Would Blackstone Do?

I’ve previously written about how both California and Nevada have statutorily adopted the common law of England as the rule of decision for courts in those states. See Ahistorical Bedfellows: The California Corporations Code...more

Top Ten International Anti-Corruption Developments for April 2016

In order to provide an overview for busy in-house counsel and compliance professionals, we summarize below some of the most important international anti-corruption developments from the past month, with links to primary...more

Fourth Circuit Says Employer-Sponsored Training Through Community College May Be Compensable Working Time

The Fair Labor Standards Act contains regulations explaining when time spent by new employees training for their jobs is compensable working time. In most circumstances, the employer must pay trainees for time spent learning...more

The Race Is On: Nevada and New Jersey Scramble to Lead the Evolving Relationship between Gambling and eSports

For the last several years, eSports contests have been filling arenas throughout the world. eSports viewership and associated cash prizes now rival those of professional sports. Top teams win millions of dollars in a single...more

Massachusetts Gaming Update: Commission Rejects Application for Resort Casino in Brockton

The wait is over and the decision is in. On Thursday, April 28, the Massachusetts Gaming Commission voted 4-1 against awarding a commercial license to Mass Gaming & Entertainment, LLC to build a resort casino in Brockton....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

Repeat BSA Violations Cited for Two FinCEN Fines

Repeat violations of the Bank Secrecy Act (BSA) are cited by the U.S. Department of the Treasury's Financial Crimes Enforcement Network (FinCEN) for a $1 million penalty against a casino and a $10,000 fine against a money...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

The Vegas Sands FCPA Action: Good Controls are Good Business

FCPA cases typically center on the payment of bribes to obtain or retain business. The bribes paid are usually small in comparison to the profits achieved – the obvious motive for the wrongful conduct. The profits of course...more

Casino AML: FinCEN Fines Former Sparks Nugget Management $1 Million

Attributing observed deficiencies to a lack of a culture of compliance, FinCEN has again targeted a casino for willful violations of the anti-money laundering (“AML”) provisions of the Bank Secrecy Act (“BSA”). This time the...more

Trustwave Case Highlights Cyber-Risk to Professional Service Providers

In a case that we believe reflects a real future trend in the cyber-risk industry, Las Vegas casino operator Affinity Gaming (“Affinity”) is suing Chicago-based IT security firm Trustwave Holdings, Inc. (“Trustwave”) for...more

Under the Dome: Inside the Maine State House

Under the Dome: Inside the Maine State House provides a high-level overview of recent activity at the Maine State House. Paul LePage Refuses to Swear In Senator-Elect Susan Deschambault - On Tuesday, March 29, a...more

Massachusetts Regulators Pave the Way for Skill-Based Slots

The game of skill vs. game of chance debate has been the focus of gaming law for years now. Until recently, it was largely discussed in the context of poker and fantasy sports betting. A new arena for debate is now upon us,...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

FinCEN Enforcement Trends: 2015 Year in Review

A review of FinCEN’s enforcement efforts in 2015 and 2014 reveal a marked trend away from its longstanding focus on depository institutions and toward otherwise unregulated financial institutions, as well as an increased...more

If Two’s A Party, Is Three A Crowd? MGC Community Hearing on Proposed Brockton Casino

The Massachusetts Gaming Commission (“MGC”) hosted a community meeting on March 1, 2016 to hear public input regarding Mass Gaming & Entertainment, LLC’s proposal to build a $677 million commercial casino in Brockton. As...more

Out of Luck: Second Circuit Dismisses Antitrust Suit Brought by Catskills “Racino” Developers on Market Definition Grounds

On March 18, 2016, the Second Circuit Court of Appeals affirmed the dismissal of an antitrust lawsuit brought by the prospective developers of a racing track and casino in the Catskills region of New York against their...more

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