News & Analysis as of

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

FinCEN Issues Final Civil Money Penalty Against U.S.-based Casino Over BSA Violations

On November 6, FinCEN issued a final assessment of civil money penalty against a Las Vegas-based casino and its branch offices for violating the BSA by failing to develop and implement a sufficient AML program and report...more

Gaming Legal News: Volume 8, Number 20: Landlords, Beware! Medical Marijuana And Gaming: How Close Is Too Close?

Landlords, Beware! Medical Marijuana And Gaming: How Close Is Too Close? On June 12, 2013, Nevada became the 14th state to legalize medical marijuana businesses. Suddenly, the country’s oldest gaming jurisdiction was...more

Rating Agency Developments

On November 2nd, DBRS updated its rating methodology for Companies in the Gaming Industry. On November 2nd, DBRS updated its rating methodology for European Non-Performing Loans Securitizations. On October 30th, Moody’s...more

News from Second and State

Only the House of Representatives will be in session next week, and a short week at that since Wednesday is Veterans’ Day. Nevertheless, several committees will be convening voting meetings and public hearings. Of note, the...more

Garçon to FanDuel: Check please!

What are a veteran NFL player’s name, image, and likeness worth in the burgeoning (but recently beleaguered-by-lawsuits) daily fantasy sports gaming industry? NFL wide receiver Pierre Garçon’s putative class action lawsuit...more

Nevada Gaming Control Board Concludes Daily Fantasy Sports Is Gambling

Anyone who has watched football this season has seen the ubiquitous advertising and promotion for pay-to-play daily fantasy sports (“DFS”) sites such as DraftKings and FanDuel. On Oct. 15, 2015, the Nevada Gaming Control...more

Illinois Takes Consumer-Friendly Approach to Daily Fantasy Sports Regulation

Illinois is one of the latest states to initiate potential legislation involving daily fantasy sports (DFS). Like a number of other states, it is not declaring DFS illegal. Rather, it is taking a very consumer protection...more

Nevada Shuts Down Unlicensed Daily Fantasy Sports

In the latest regulatory salvo involving daily fantasy sports (DFS), the Nevada Gaming Control Board (NGCB) declared pay to play DFS to be gambling and has required DFS operators to cease and desist from operating in Nevada...more

Gaming Legal News: Volume 8, Number 18: Nevada Gaming Control Board: Daily Fantasy Sports Is Gambling

Nevada Gaming Control Board: Daily Fantasy Sports Is Gambling - On October 15, 2015, Chairman A.G. Burnett of the Nevada State Gaming Control Board published an Industry Notice declaring daily fantasy sports (“DFS”) to...more

News from Second and State

It was a short and sweet session week, since Monday was a national holiday and only the Senate met for voting session, and there’s little to report on the legislative front. The headliner this week was the Senate’s largely...more

Code Copying Case Highlights Difficulty in Getting a Preliminary Injunction

Continuing the trend in recent years of injunctions becoming harder and harder to obtain, the Northern District of California denied a motion for a preliminary injunction where the defendant has allegedly copied the...more

White Paper - Why Daily Fantasy Sports Needs Regulation to Survive

As the first glimpses of the 2015 NFL and college football seasons began to appear on the horizon, something else also began to cloud TV screens: A massive front of daily fantasy sports (“DFS”) advertising spots urging...more

DOJ Assistant Attorney General Stresses Public-Private Cooperation In the Event of a Cyber Breach

On September 30, U.S. Assistant Attorney General John Carlin delivered remarks at the 2015 Cybersecurity Summit hosted jointly by the U.S. Chamber of Commerce and the American Gaming Association. In his remarks, Carlin...more

The Return of The King

PokerStars, the innovative online poker industry leader with a deeply loyal U.S. fan base, is making its highly anticipated return to the United States online gaming market. New Jersey regulators have approved PokerStars’...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

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

Five Legal Issues Your eSports Company Needs to Know About Operating in the U.S.

With a $143 million market in North America, eSports is big business in the U.S. And given its swift rise in popularity – 205 million people worldwide watched or played eSports in 2014, it will only become bigger. At last...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

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

FTC Announces Settlement Over Influencer Campaign for Xbox One

In January 2014, AdAge interviewed me about news reports that Machinima had hired influencers to create videos promoting Microsoft’s Xbox One gaming console and games. In a native advertising campaign, the influencers posted...more

Updates to Nevada’s Live Entertainment Tax – Part 3

This is the final post in a series of blog posts about changes to Nevada’s Live Entertainment Tax. “Service Charges” Perhaps the biggest area of remaining debate is whether or not associated fees or “service...more

Game of Drones: UAV Entertainment and the FAA

With unmanned aerial vehicles (UAV) (also called drones) anticipated to become a multi-billion dollar industry in a few years, many are betting that drone gaming will explode as the next big thing in competitive...more

Updates to Nevada’s Gaming Laws – 2015 Legislative Session (Cont.#2)

Procedural and Administrative Changes and Clarifications - AB40 - A key administrative change effected by AB40 is to change the name of the “State Gaming Control Board” to the “Nevada Gaming Control Board.”...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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