Fantasy Sports

News & Analysis as of

Mississippi Advances Fantasy Sports Regulations

The Mississippi State House of Representatives recently passed a bill that would implement fantasy sports regulations. The bill will now head to the State Senate for debate and a vote on the measure. What are some of...more

Super Bowl 51: What to Do When the Fantasy is Over and Football Fever Becomes a Work Reality?

Super Bowl 51 is just around the corner, and many of your employees probably already have football fever. According to a January 2016 study conducted by the Workforce Institute at Kronos, 77 percent of American workers...more

Place Your Bets: Will the Trump Administration Support New Jersey’s Push to Expand Sports Gambling?

New Jersey’s years-long battle to allow sports gambling received a significant boost from the U.S. Supreme Court last week, which issued an order inviting the Solicitor General to file a brief in the case (known to Court...more

Super Bowl Office Betting – Does it Cross the Line?

Riding her beloved Packers late-game win against the Dallas Cowboys, Allfer Funn, owner of Con Genial, is polishing her cheese head hat and dusting off her Super Bowl Squares Pool from last year in anticipation of the Big...more

Florida Fantasy Sports Regulations Coming Soon?

This week a Florida State Senator introduced proposed revisions to the State’s gaming laws intended to, among other things, regulate fantasy sports within the State of Florida. The bill proposes enacting the Fantasy Contest...more

States Act to Regulate Fantasy Sports

In attempts to lessen the uncertainty that still surrounds the legality of fantasy sports, Maryland and Florida introduced measures to clarify the rules of the road for the likes of DraftKings Inc. and FanDuel Inc. Maryland’s...more

The Only Color in Gambling is Green—Why Staking is a Security

The Securities Act of 1933’s catchall for defining a security is the “investment contract.” The landmark case, SEC v Howey, explained that “an investment contract for the purposes of the Securities Act means a contract,...more

Maryland Fantasy Sports Regulations Take Effect

This week, regulations governing fantasy sports contests in the State of Maryland went into effect. The regulations, implemented pursuant to a 2012 law exempting fantasy sports from the State’s gambling prohibition, vest the...more

Fantasy Sports Bill Introduced in Ohio

A fantasy sports bill has been introduced in Ohio pursuant to which the State’s gaming laws would be amended to provide the Ohio Casino Control Commission (the “Commission”) with the authority to regulate fantasy sports...more

Illinois’ New Anti-Fantasy Sports Bill and the Need for Fantasy Sports Lawyers

A bill introduced to the Illinois House of Representatives, designed to criminalize fantasy sports, has been assigned to the Executive Committee for further review and analysis. The move advances the bill one step closer to...more

Intellectual Property Bulletin - Fall 2016

Mean Girls v. The Right of Publicity: Lessons Learned From the Lohan and Gravano Lawsuits - On September 1, 2016, a New York appellate court ended two closely watched right of publicity lawsuits brought by Lindsay...more

FanDuel, DraftKings Settle Fantasy Sports Lawsuit with New York AG

This week, the office of the New York Attorney General (the “AG”) announced that it had reached a settlement with both FanDuel and DraftKings, resolving the State’s deceptive marketing practices lawsuit. We had previously...more

Employee Sports Gambling: Workplace Policies and Guidance For In-House Counsel

Sports fans have long looked for ways to be a part of the action. The co-owner of the Oakland Raiders developed a fantasy golf game back in the 1950s. In the 1980s, journalist Daniel Okrent created “Rotisserie” League...more

And the dream lives on: DraftKings and FanDuel Settle Remaining False Advertising Claims with New York AG

In June, we covered Daily Fantasy Sports (“DFS”) operators’ major legislative victory in New York: a bill legalizing and regulating their business, ending the potential for an outright prohibition on DFS in the state. That...more

Fantasy Stock Picking Contest Deemed by SEC to be Illegal Security-based Swaps

The SEC shut down a “fantasy” stock picking game for allegedly violating securities laws. Forcerank LLC ran contests via mobile phone games where players paid a fee and predicted the order in which 10 securities would perform...more

SEC Says Mobile Phone Game is an Illegal Security-Based Swap

I previously discussed an SEC Investor Alert which said fantasy stock trading for small amounts of money can violate provisions of securities laws implemented by the Dodd-Frank Act. According to the SEC, the terms “swap,”...more

New York’s Fantasy Sports Law Challenged on Constitutionality Grounds

Last week, a group of New York citizens filed a lawsuit against Governor Andrew Cuomo and the New York State Gaming Commission in an effort to halt implementation of New York’s new fantasy sports law. Wielding as a cudgel...more

New Challenge to Daily Fantasy Sports in New York

A group of New York citizens backed by the anti-gambling group Stop Predatory Gambling has filed a lawsuit against New York Governor Andrew Cuomo challenging the constitutionality of the bill that legalized daily fantasy...more

SB356: Senator Coley Proposes Daily Fantasy Sports Contest Legislation

On September 26, 2016, Senator Bill Coley (R-West Chester) introduced S.B. 356, which if enacted would amend Ohio gambling law to expressly define daily fantasy sports (“DFS”) and e-sports contests that charge a commission...more

Michigan to Legalize Fantasy Sports?

The Michigan State House of Representatives recently introduced legislation proposing to exempt certain fantasy sports contests from the prohibition against gambling contained in the State’s penal code. The proposal is the...more

NFL, Employers, and the Office Fantasy Pool – Gambling in the Workplace

With the start of a new NFL football season around the corner, many employers are likely hearing chatter around the workplace about the upcoming season, predictions, and office football leagues. Office betting pools can have...more

Student Athletes Fight to Keep Fantasy Sports-Related Right of Publicity Claims Alive

Last week, the plaintiff collegiate athletes in a putative class action lawsuit pending in the Southern District Court of Indiana filed their opposition to FanDuel and DraftKings’ respective motions to dismiss. The...more

New York Issues DFS Permits

Just days after a New York State’s Daily Fantasy Sports law was passed, the New York Gaming Commission announced it has issued temporary permits to 5 DFS operators. The companies are DraftKings, FanDuel, Yahoo, Fantasy Draft...more

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

New York’s Fantasy Sports Law at Work

On August 3, 2016, Governor Andrew Cuomo signed a law legalizing fantasy sports in New York. The timing is critical to the industry, as it may enable major fantasy sports providers to reopen operations in New York by the...more

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