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Nevada Gaming Control Board Issues Guidance Concerning Sports Event Contracts

In the midst of its ongoing litigation with three leading prediction market companies, also known as “designated contract markets” or[JS1]  “DCMs,” the Nevada Gaming Control Board (“NGCB” or “Board”) recently issued guidance...more

How the Federal Government Shutdown May Affect Congressional Investigations

As the federal government shutdown heads into its fifth week, most of the focus is on the impact on executive branch operations. Congress is also affected, but in different ways. With only a week before the current impasse...more

FinCEN Seeks to Clarify Suspicious Activity Reporting Obligations Under the BSA

The Federal Crimes Enforcement Network (FinCEN) recently issued some rare, detailed guidance concerning the filing of Suspicious Activity Reports (SARs), impacting how financial institutions and larger casinos comply with...more

Caught Between Courts: Navigating Grant Termination Claims

Those doing business with the government may face an ogre’s choice at the intersection of two Supreme Court decisions and longstanding Federal Circuit precedent precluding jurisdiction over non-procurement contracts....more

Sixth Circuit Opens Path for Broad Privilege Application to Internal Investigations

A recent federal appellate court decision demonstrates one way businesses can use a very limited showing to protect internal investigations from discovery in commercial litigation....more

What’s Influencing DOJ’s New Trade Fraud Focus, and How to Navigate Enforcement Shifts

The U.S. Department of Justice (DOJ) recently announced a new development in its effort to crack down on crimes involving trade fraud, including tariff evasion....more

Third Time’s The Charm for Gambling Regulators in Kalshi Litigation

Kalshi’s two-win streak ended with a preliminary loss in its lawsuit against Maryland gaming regulators—a shift from prior federal district court rulings and a win for states on the federal preemption issue at the center of...more

Attorney General Issues New Guidance on Federal Antidiscrimination Compliance

In a recent memorandum for all federal agencies, the Department of Justice (“DOJ”) has issued new guidance regarding unlawful discrimination. This new guidance has potentially far-reaching implications for businesses and...more

DOJ’s Civil Division Announces New Enforcement Priorities—What It Means for Business

In a June 11 memorandum to all division employees, the assistant attorney general for the Department of Justice’s (DOJ) Civil Division promulgated a new list of enforcement policies with the stated purpose of advancing the...more

D.C. Weighs In on Novel “Statute of Anne” Suit

Back in February, a limited liability company filed a lawsuit against the five companies licensed to operate online sports betting in the District of Columbia (“District” or “D.C.”). The case invokes an old section of the...more

Brownstein Appeals Case to the United States Supreme Court

On June 26, 2025, Brownstein filed a Petition for a Writ of Certiorari to the United States Supreme Court, seeking review of a Ninth Circuit Court of Appeals decision regarding the Fair Debt Collection Practices Act (FDCPA)....more

DOJ Issues New Guidance on White-Collar Prosecutions and Corporate Monitors

On May 12, 2025, the current head of the Department of Justice’s (DOJ) Criminal Division issued fresh guidance to all personnel under his purview with new two memoranda....more

Recent Enforcement Actions a Reminder of the Importance of BSA Compliance for Nevada Casinos

Following a multiyear lull, the Nevada gaming industry has recently experienced a flurry of federal and state regulatory actions related to the enforcement of the Bank Secrecy Act. Just the past several months alone have seen...more

New Executive Order Takes Aim at the Regulatory State

On May 9, President Trump signed Executive Order (EO) 14294, “Fighting Overcriminalization in Federal Regulations.” The EO is a continuation of President Trump’s larger effort to address the “overregulation” problem that has...more

California Warns Foreign Bribery Can Still Lead to State Liability

California’s attorney general recently reminded businesses that regardless of what the Trump administration does, businesses can still be responsible for violations of state law. In a recently issued legal advisory, state...more

Recent State Enforcement Actions Take Aim at Sports-Based Event Contracts

In recent months, numerous online commodity trading markets have begun to offer sports-based event contracts concerning the outcome of various sporting events. These event contracts—which are a type of derivative...more

Federal and State Gambling Laws Loom Large in Determining the Future of Sports Prediction Markets

As some companies in the so-called “predictions market” have begun to offer event futures contracts on sporting events, including the most recent Super Bowl, many observers are questioning whether these offerings are really...more

DEI Volley: Democratic State AGs Push Back on Federal Actions

In response to a recent federal executive actions targeting private-sector DEI and DEIA policies, a coalition of 16 Democratic state attorneys general issued guidance on Feb. 13 affirming the legality and viability of such...more

New Executive Order on FCPA: Impact on Corporate Compliance

On Feb. 10, the White House announced a new executive order (“EO”) entitled “Pausing Foreign Corrupt Practices Act Enforcement to Further American Economic and National Security.” This EO essentially directs the U.S....more

Kalshi v. CFTC Challenges Contracts on Political Events

On Jan. 17, 2025, the United States Court of Appeals for the District of Columbia (D.C. Circuit) heard oral argument in KalshiEx v. CFTC. At issue is KalshiEx LLC’s (Kalshi) ability to list political event contracts for...more

The Congressional Review Act: What It Is and How It Might Be Used in the 119th Congress

Republicans will soon find themselves in in control of the entire federal government—the White House, the Senate and the House of Representatives—for the first time since 2018. This new power dynamic in Washington has already...more

FTC to Shift Rulemaking Priorities in the Trump Administration

The Federal Trade Commission (FTC) is one of the independent agencies expected to undergo considerable changes in rulemaking priorities once President-elect Trump enters office. Chairwoman Lina Khan is expected to step down...more

Major Changes Ahead at the SEC in the Trump Administration

Under the second Trump administration, the Securities and Exchange Commission (SEC) is likely to see broad changes in regulatory and enforcement initiatives once Chairman Gary Gensler leaves the commission, as is expected....more

DOJ Updates Its Evaluation of Corporate Compliance Programs Guidance

The U.S. Department of Justice (“DOJ”) has, once again, updated its guidance on corporate compliance. This document, known as the Evaluation of Corporate Compliance Programs or “ECCP,” serves to put corporate America on...more

Federal and State Regulators Increase Scrutiny of Casino AML Practices

Recent money laundering-related enforcement actions targeting casinos by both the U.S. Department of Justice (“DOJ”) and state regulators suggest increasing scrutiny of anti-money laundering (“AML”) compliance efforts within...more

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