Gaming

News & Analysis as of

American Indian Tribes and Canadian First Nations: The Impact of Gaming Law and Policy on the Industry

In the United States, Indian gaming is a $29 billion industry, with some 240 American Indian tribes operating more than 450 gaming operations in 28 states. Alan Meister, Casino City’s Indian Gaming Industry Report (2016). In...more

Eighth Circuit Privacy Class Action Fails to Clear Second Hurdle

In Carlsen v. GameStop Inc., plaintiff ­– a paid subscriber to defendant’s online gaming magazine – brought a putative class action lawsuit against defendant for alleged breach of its privacy policy by disclosing plaintiff’s...more

In Florida, a Fine Line Between Arcade Games and Illegal Gambling

After being featured prominently at last year’s Global Gaming Expo in Las Vegas, skill-based slot machines—think Angry Birds, Candy Crush, or Guitar Hero, but played for cash—have been heralded as the heir apparent to the...more

Media, Sport and Entertainment Intelligence - August 2016

The Rio 2016 Summer Olympics have been dominating the headlines worldwide for a number of reasons, ranging from broadcasting options, including virtual reality, through to doping accusations. Some of these issues are as yet...more

Worth Another Look: Regulating Fantasy Sports

In January of 2016, the National Conference of State Legislatures (NCSL) published a list of the top ten issues that will be before state legislatures across the nation this year. Since Pennsylvania will close out the...more

FTC Acts Against Warner Brothers’ YouTube Promotion Campaign: Disclosure of Affiliation Below the “Fold” Is Not Enough

Last week, the FTC announced an agreement containing a consent order, subject to final approval, resolving its claims against Warner Bros. Home Entertainment Inc. (“Warner Bros.”) for the company’s misleading use of social...more

FTC Continues to Scrutinize Social Media Influencer Programs

This week, as part of its ongoing focus on influencer programs, the Federal Trade Commission (FTC) settled charges against Warner Brothers Home Entertainment, Inc. regarding its use of such a campaign to market the video game...more

Will Massachusetts Soon Need a Lottery Smartphone App?

In addition to scrolling through their email and reading the news, commuters on the T might soon be able to use their smartphones to play the state lottery. With only a matter of weeks remaining in this year’s legislative...more

Rise of the Game

Video games have been an existing and growing component of popular culture for my entire life. I literally cut my teeth on the Atari 2600 while I was still a toddler. From there I spread into bowling alley arcades,...more

Massachusetts Gaming Update: Ballot Initiative for Second Slots Parlor

A petition to allow a second slots parlor in Massachusetts has moved one step closer to advancing to the November 2016 ballot. In December 2015, opponents to the ballot initiative filed suit challenging the petition on the...more

An Overview of HB 2150, Preliminarily Approving Expanded Gaming in Pennsylvania

Action Item: The Pennsylvania legislature is poised to expand gaming significantly to include interactive gaming and fantasy sports, among other major changes. Be prepared for these developments which will create...more

Compliance Training – Part IV: the Gamification of Compliance Training

I conclude my four-part series on ethics and compliance training today by looking where effective training is going. One of the criticisms leveled by L. V. Anderson, in her Slate article, entitled “Ethics Trainings Are Even...more

Weekly Web Wrap-Up

Welcome to Sheppard Mullin’s Weekly Web Wrap-Up, a quick list of the past week’s top news in the social media, gaming, and virtual goods and currencies industries curated by Social Media & Games Team. Here are some of the...more

Weekly Web Wrap-Up

Welcome to Sheppard Mullin’s Weekly Web Wrap-Up, a quick list of the past week’s top news in the social media, gaming, and virtual goods and currencies industries curated by Social Media & Games Team. Here are some of the...more

Weekly Web Wrap-Up

Welcome to Sheppard Mullin’s Weekly Web Wrap-Up, a quick list of the past week’s top news in the social media, gaming, and virtual goods and currencies industries curated by Social Media & Games Team. Here are some of the...more

Weekly Web Wrap-Up

Welcome to Sheppard Mullin’s Weekly Web Wrap-Up, a quick list of the past week’s top news in the social media, gaming, and virtual goods and currencies industries curated by Social Media & Games Team. Here are some of the...more

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

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