Archives: December 2017

Daily Fantasy Sports Update: From Skill v. Chance to Legislative Dance

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…)

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The U.S. Supreme Court Tackles Sports Gambling Law

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…)

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