Fantasy Sports

News & Analysis as of

Weekly Review of the Massachusetts Gaming Landscape

Massachusetts Gaming Commission Submits White Paper to the Legislature - If you have some skin in the game, submit a white paper. That’s what the Massachusetts Gaming Commission did in an effort to provide clarity on...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

Intercepting Office Pool Liability – What Do Employers Have to Lose by Permitting Super Bowl Related Gambling?

Super Bowl 50 kicks off this Sunday and promises to be the most wagered-on sporting event of the year. March Madness, Super Bowl, and Fantasy Football pools have become ingrained in the American workplace and seem harmless to...more

No Southern Hospitality for Daily Fantasy Sports in Mississippi

The Mississippi AG issued an opinion last week declaring: “Fantasy sports wagering is illegal in the state of Mississippi under current law both on a licensed gaming floor and outside of a licensed gaming floor. Any change to...more

Sweet Home Alabama for Daily Fantasy?

Alabama Senator Sanford introduced a bill February 2 that would exempt fantasy from Alabama’s gambling law The bill also would establish the Fantasy Contests Act to regulate the operation of fantasy or simulated contests in...more

Popular Fantasy Football Draft Companies In Lawsuit Over Patent Infringement

Anyone who knows about fantasy leagues—or watches any professional or collegiate games—has undoubtedly heard of DraftKings and FanDuel. Both companies offer a Daily Fantasy Sports (“DFS”) gaming website that allows people to...more

Hawaii is No Paradise for Daily Fantasy Sports – Skill Measured by Average Players, not Experts

Hawaii AG Doug Chin is one of the latest to opine that daily fantasy sports are illegal under that state’s law. According to a press release accompanying the opinion, “Gambling generally occurs under Hawaii law when a person...more

Advertising Law - January 2016 #2

Battle Over Legality of Daily Fantasy Sports Sites Continues - It may be a new year, but the battle over the legality of the FanDuel and DraftKings daily fantasy sports sites continues. New York Attorney General...more

Recent Developments Concerning The Legality Of Daily Fantasy Sports In Texas, Vermont And Maryland

Texas - On Tuesday, January 19, 2016, Texas Attorney General Ken Paxton issued an advisory opinion that a Texas court would likely determine that participating in daily fantasy sports contests is illegal gambling under...more

Texas AG Hits Deep in the Heart of DFS

On January 19, 2016, the Texas AG issued an opinion that paid Daily Fantasy Sports (DFS) are illegal under Texas law, but noted that “traditional” fantasy sports leagues are, as a general rule, legal under Texas law. In so...more

Tips for Fantasy Sports Cos. As State AGs Target Industy

Selecting the roster of your fantasy football team can be a maddening exercise. You could spend hours analyzing running backs’ carries per game, yards-per-carry averages, and weighing your pass protection concerns against...more

Advertising Law - December 2015 #4

Copper-Infused Apparel Company Settles With FTC for $1.4M - Tommie Copper, Inc. and company founder Thomas Kallish reached a deal with the Federal Trade Commission to settle charges that they misled consumers by claiming...more

The Ongoing Legal Saga Between New York and Daily Fantasy Sports

Christmas didn’t come early for daily fantasy sports players in New York. A state judge issued an injunction this Friday ordering the two largest DFS sites, DraftKings and FanDuel, to shut down. The injunction was based upon...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

New York Court Sacks Daily Fantasy Sports

On December 11, 2015, a New York State court ordered a shut down of the leading daily fantasy sports sites in New York, at least for now. The Court found the NYAG has a likelihood of success in showing that the activities are...more

Mass Gaming Commission Holds Daylong Forum on Daily Fantasy Sports

On Thursday, December 10, 2015, the Massachusetts Gaming Commission (MGC) held a daylong forum to educate the MGC commissioners, staff and the public on Daily Fantasy Sports (DFS) and to inform the policy paper the MGC is...more

New Fantasy Lawsuit – A Horse of Another Color?

While all eyes remain focused on the impending preliminary injunction ruling in the New York state daily fantasy sports suit, a new fantasy sports suit has been filed in California. The California suit targets DerbyWars, a...more

NY Daily Fantasy Sports Case May Not Be Decided Solely on Whether DFS is Skill or Chance

Due to the specifics of New York state law, the outcome of the closely-watched New York state case against daily fantasy sports operators may not come down solely to a question of whether DFS is skill. New York has a two-part...more

Advertising Law - December 2015

New York AG Asks Court to Bench DFS - In the continuing drama surrounding Daily Fantasy Sports (DFS), New York's Attorney General Eric Schneiderman responded to lawsuits by DraftKings and FanDuel by seeking a preliminary...more

Advertising Law - November 2015 #4

Sharing Is Caring? New Report Documents Apps Sharing User Data at High Rates - A new report has revealed that Apple and Android apps share information with third parties at high rates. Testing 55 of the most popular...more

Advertising Law - November 2015 #3

FTC Flushes Claims for "Flushable" Wipes - Reminding advertisers about the importance of environmental marketing claims, the Federal Trade Commission approved a final consent order in an enforcement action against...more

Reality Check: Fantasy Sports Sites Facing Serious New Challenges

Fantasy sports, especially Daily fantasy sports (“DFS”), are big business in the United States. Two DFS sites in particular, FanDuel and DraftKings, are the most dominant players in this industry (they control 95% of the DFS...more

New York Attorney General Says Daily Fantasy Sports Contests Are Illegal

As the popularity of fantasy sports grows, so do the legal issues surrounding the industry. The main legal challenges facing fantasy sports have been centered on the issue of whether pay-to-play fantasy sports contests...more

“Walking the Line Between Innovation and Regulation” – BAA Law 2015 Conference

With prominent speakers from the Federal Trade Commission and National Advertising Division of the Better Business Bureau, the 37th Annual Brand Activation Association Marketing Law Conference provided a unique opportunity to...more

Could We See a Major Shake Up in Advertising for DraftKings and FanDuel?

New York’s Attorney General Eric Schneiderman is going after daily fantasy sports’ sites, and he’s going after them hard.  On November 10, 2015, the New York Attorney General declared that daily fantasy sports constitute...more

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