December 11, 2017 3:13 pm
Sports have given us the Icky Shuffle, the Mark Gastineau sack dance and George “Twinkle Toes” Selkirk. Perhaps the greatest dance of all has been the state legislatures side-stepping the skill v. chance issue.
I really thought we’d get practical guidance from the Daily Fantasy Sports skill v. chance debate for marketing lawyers to help advise on typical promotional games. The New York State lawsuits between the NY Attorney General and DraftKings and FanDuel provided just the battleground. But, alas, it was not meant to be. Was politics the poison or the antidote?
Since the New York DFS lawsuits began in November 2015, fifteen states have passed laws legalizing DFS – including New York in August 2016. For those keeping track, DFS is now legal in AK, CO, DE, IN, KS, ME, MD, MA, MS, MO, NH, NJ, NY, PA, TN, VA, VT. (more…)
December 4, 2017 12:12 pm
Today (Monday December 4, 2017), the U.S. Supreme Court will hear oral argument in the case Christie v. National Collegiate Athletic Association involving sports-gambling. I bet many of you have heard about the case and know that it has something to do with a fight between New Jersey and the U.S. government over the legalization/illegalization of sports-gambling. The odds are lower that you know exactly what the legal arguments are and how this impacts gambling in general.
Here is a brief primer on the lawsuit, the law, and the implications. The devil may be in the details, so I’ve grabbed my pitchfork to dig in to the legal arguments. (more…)
November 27, 2017 10:26 am
“Plus ça change, plus c’est la même chose.” From the French for (roughly): there’s a form for that.
Answer these 17 simple questions to create your own commercial co-venture program: (more…)
November 2, 2017 9:58 am
We’re getting into the swing of the basketball and hockey seasons and you know what that means? (Yes, the Knicks still haven’t been mathematically eliminated.) But also, it’s time for the Half-Court Shot Contests and Blue Line Shot Contests to give weekend warriors the chance to quit their day job.
Prizes can range from a few hundred dollars to a few hundred thousand dollars. All you need to do is shoot a 9.55 inch diameter ball a distance of 94 feet into an 18 inch diameter hole. Or, shoot a 3-inch puck a distance of 90 feet into a hole about 4 inches wide – while standing on ice. If you’re not Meadowlark Lemon, your odds of making the half-court shot are about 1 in 50. And the odds of scoring on that one-timer are much higher, even if you’re Wayne Gretzky.
Because lightening always strikes, there is Prize Indemnity Insurance. You don’t need to break the bank just because some hotshot broke the odds. (more…)
October 23, 2017 12:04 pm
Client: Do we need Official Rules for our sweepstakes?
Client: But we’re only running a one-day sweepstakes giving away a one-way bus ticket to Cleveland.
Client: But we’re no Goliath.
In the sweepstakes world size doesn’t always matter. (more…)
October 11, 2017 10:28 am
When embarking on your first foray into commercial co-venture land, you may have learned that a commercial co-venturer has to register in six states. But how much do you know about what that entails? Here’s a primer: (more…)