News & Analysis as of

Another Gambling Class Action Fails – Court Finds Social Casino Games Not Gambling

A Federal Court in Washington state dismissed a Plaintiff’s class action claims that social casino games using purchasable virtual casino chips constitute gambling under Washington state law. The Court found that the virtual...more

A Path for Video Game Developers to Introduce Their Games to Casino Floors

Popular skill-based games like Call of Duty, Grand Theft Auto and Defense of the Ancients can soon be adapted and used for gambling on casino floors, thanks to the recent amendments to Nevada’s Gaming Control Act, together...more

Blog: The House Always Wins: Seventh Circuit Broadly Applies “Good Faith” Defense Under Section 550(b)(1) to Fraudulent Transfer...

The Court of Appeals for the Seventh Circuit recently issued a decision which may give a trump card to fraudulent transfer defendants seeking to use the “good faith” defense under the Bankruptcy Code’s recovery provision....more

Court Rules Virtual Currency Casino Not Illegal Gambling Despite Secondary Market

A Maryland court recently dismissed a case in which Plaintiff alleged that a virtual currency casino within a social game constituted illegal gambling, despite the existence of a secondary market for the player accounts. For...more

Somerville Mayor's First Impression of Casino Footbridge May Not Be His Last

Now Steve Wynn has sweetened the deal for his Eastern Massachusetts casino with a pedestrian bridge over the Mystic River. The span would lead from the casino site in Everett to the fast-rising neighborhood at Assembly Row...more

Executive Labor Summary - September / October 2015

Back to the Past at VW Chattanooga? - On October 23, the United Auto Workers' Local 42 filed a petition with the National Labor Relations Board to represent a bargaining unit of skilled trades workers at Volkswagen's...more

NLRB Case Explains Agency's Position on Confidential Information Policies

Many, if not most employers maintain policies regarding disclosure by employees of confidential business information. Sometimes these policies appear in employee handbooks, and sometimes employees are required to sign...more

Limitations of liability—Scenario One: Waivers of Consequential Damages

This is the second post in the four-part series “Limitations of liability—The Elephant in the Room.” Waivers of consequential damages have become the industry standard, and these clauses are found in most industry...more

Borgata Babes: Casino Is Entitled to Enforce Weight Restrictions

On September 15, 2015, the Superior Court of New Jersey, Appellate Division found in Shiavo v. Marina District Development Company, LLC, that the New Jersey Law Against Discrimination (“NJLAD”) does not encompass allegations...more

Oregon Federal Court Finds Arbitration Agreement In CGL Policy Invalid

Plaintiff, Technical Security Integration, Inc., a Washington company, sold certain security and surveillance equipment and services. It hired Corey Tharp as a sales associate in Oregon, to tap his connections to that state’s...more

Gaming Legal News: Volume 8, Number 17: Enterprise Rancheria Ready To Construct Class II Casino

California’s Estom Yumeka Maidu Tribe, also known as Enterprise Rancheria, has said it will begin construction of a scaled-down Class II gaming facility in Yuba County, instead of the Class III facility that has been opposed...more

FinCEN Action Against Casino for Weak AML Compliance Efforts Should Not Be Ignored by Others—Especially Digital Currency Companies

Why it matters - FinCEN's $8 million civil money penalty imposed on Caesars Palace for "willful and repeated" violations of the BSA sends a signal that failure to collect and use appropriately identifying information...more

New Jersey’s Law Against Discrimination Does Not Go So Far As To Protect “Weight, Appearance, or Sex Appeal”

The New Jersey Appellate Division recently affirmed summary judgment for the defense on several claims in the widely-followed “Borgata Babes” case, reining in the plaintiffs’ attempt to expand the New Jersey Law Against...more

The Financial Report - Volume 14, No. 18 - September 2015 (Global)

Casino games are designed with a house advantage. Mathematically, the house advantage is a measure of how much the house expects to win, expressed as a percentage of the player’s wager. The house advantage is the difference...more

Leading Casino Settles with FinCEN for $8 Million for BSA Violations

On September 8, FinCEN announced the assessment of an $8 million civil money penalty against a leading U.S.-based casino for its willful violations of the BSA’s requirements to develop and implement a reasonably designed AML...more

FinCEN Announces Caesars Penalty After Multiyear Investigation

This week the Financial Crimes Enforcement Network (FinCEN) announced a Consent Agreement that imposed an $8 million civil penalty against Desert Palace, Inc. d/b/a Caesars Palace. Caesars first disclosed the investigation in...more

Gaming Legal News: Volume 8, Number 16: Uncommon Definitions Of Common Gaming Terms – A Field Guide For Non-Nevada Gaming...

Uncommon Definitions Of Common Gaming Terms – A Field Guide For Non-Nevada Gaming Practitioners In Nevada - Those not intimately familiar with Nevada gaming law are often confused about how certain terms, namely "mobile...more

High Rollers Are Fine but Resort Casino Needs Orange Line Riders to Thrive

On the sidewalks of Everett, I have heard it said that Steve Wynn is quietly planning to lure planeloads of nouveau riche from the People’s Republic of China to his new “Wynn Everett” casino on the banks of the Mystic...more

Third Circuit Rejects New Jersey's Bid to Legalize Sports Betting—Again

For the second time in two years, the Third Circuit Court of Appeals has rejected the state of New Jersey's attempt to legalize sports betting because it conflicts with federal law. In a 2-1 decision in NCAA v. Christie...more

Wanna Bet? Third Circuit Puts the Kibosh on Sports Gambling Just Before Start of NFL Season

For the second time in three years, the Third Circuit has rejected New Jersey’s attempt to circumvent the Professional and Amateur Sports Protection Act (“PASPA”). PASPA, which Congress enacted in 1992 and prohibits state...more

Winn Everett's Environmental Virtues Are Yin to the Yang of Casino Profits

The site in Everett where Steve Winn wants to build a resort/destination casino at a cost of more than a billion dollars has got to be the most run-down, contaminated, crummy looking oceanfront properties in Greater Boston. ...more

Casino Forfeiture a Reminder that FinCEN’s Regulatory Oversight May Involve DOJ and Criminal Penalty

The civil money penalty was surprising for two reasons: first, that FinCEN would investigate and fine a casino unfamiliar even to analysts who cover the gaming industry, on an island chain few knew existed; and second, for...more

Captain Obvious Makes Landmark Ruling: Texas Hold ‘Em Is Poker

Texas Hold ‘Em is poker. This probably doesn’t come as a surprise to most, but the pronouncement was a serious disappointment to an Idaho casino. The Ninth Circuit U.S. Court of Appeals ruled this week that the Coeur d’Alene...more

Gaming Legal News: Volume 8, Number 14: The Intersection Of Federal Labor Law, Tribal Gaming And A Deep Division Within Two Sixth...

Two separate three-judge panels of the United States Court of Appeals for the Sixth Circuit have rendered labor law decisions concerning Indian casinos in Michigan only 22 days apart. While each of the panels ruled that the...more

New Regulations Will Allow Nevada Casinos to Offer Skill-Based Games

A new Nevada law and regulations could soon bring skill-based games like Call of Duty, Wii Sports Resort, Gran Turismo, Grand Theft Auto, HALO, and NBA 2K15 with play-for-cash elements to casino floors in Nevada. The new...more

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