Gaming

News & Analysis as of

Judge Rakoff Holds a 3-D “Magic Trick” Implemented With Software Is Not Equivalent to One Implemented With Hardware

On April 24, 2016, District Judge Jed S. Rakoff (S.D.N.Y.) ruled that defendants Nintendo Co., Ltd. and Nintendo of America, Inc.’s (collectively, “Nintendo”)’s 3DS pocket gaming console does not infringe Tomita Technologies...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

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

News from Second and State

With budget hearings finished and just over a month until the 2016 primary election, the Pennsylvania Legislature set to work this week addressing issues from soup to nuts. However, the big ticket items up for consideration...more

News of Note for the Internet-Minded – 3/18/16

Intel and Sony give us an idea of the future of virtual reality; Google goes shopping in the cloud; the FBI warns consumers about car hacking; the Internet of Thing’s language problem; and more…...more

Gaming Legal News: Volume 9, Number 1: Nevada Examines Its Regulatory Approach To Daily Fantasy Sports

The nationwide controversy over daily fantasy sports (DFS) and how it is regulated has led Nevada Governor Brian Sandoval to convene the Nevada Gaming Policy Committee for the first time since 2012. Sandoval wants the...more

In re Ray Smith: Gaming Art Patents Now a Bad Bet

In seven short pages the CAFC appear to have invalidated all patents directed to the gaming arts that do not utilize some form of new material objects (e.g., new type of cards or new physical playing board). The panel,...more

Ninth Circuit Holds That DOL May Expand Regulation of Employers’ Tip Pooling Practices

The restaurant and gaming industry lost a battle in the Ninth Circuit over whether employers that pay their workers at least the minimum wage are subject to Department of Labor regulations restricting tip pooling...more

Guitar Hero for Cash! New Jersey Issues Temporary Regulations for Skill-Based Gaming

Just last month at the National Council of Legislators from Gaming States (“NCLGS”) winter meeting in Orlando, I discussed the strong interest in skill-based games by casino owners, regulators, legislators, and the public. In...more

The Game Goes On: Sheppard Mullin Obtains Dismissal With Prejudice of Class Action Alleging Social Gaming Micro-transactions...

Another lawsuit alleging illegal gambling in a social game has been dismissed. Over the last year, social gaming mobile applications have come under attack from the Plaintiffs’ bar as gambling in disguise. Plaintiffs’...more

FinCEN Announces First Card Club AML Enforcement Action

Just in time for Christmas, the Financial Crimes Enforcement Network (FinCEN), the financial industry (including casinos and card clubs) regulator, announced its first-ever enforcement action against a card club, California’s...more

[Webinar] It’s No Game – Legally Structuring Your Sweepstakes, Contests & Promotions - January 14th, 4:00pm EST

From old-fashioned in-store giveaways to global social media campaigns, businesses and nonprofits alike love doing promotions! In this presentation, we will survey the legal landscape for conducting lawful promotions, and...more

Knobbe Martens Client Game Show Network Wins Affirmance of IPR Decision

On December 15, 2015, the U.S. Court of Appeals for the Federal Circuit affirmed the Patent Trial and Appeal Board's decision that a computerized gaming patent owned by John Stephenson, allegedly a competitor of Game Show...more

Shielding Your Patent from “Abstract” Reasoning

Patents related to games are facing new challenges for being too “abstract,” but a recent court ruling highlights the limits to this line of attack. Last year, the Supreme Court reinvigorated a body of law that defines the...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

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

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