You Might Be a Winner
        A blog from the attorneys of Verrill

        Daily Fantasy Sports is a Skill Game, We Have a Study to Prove It

        by Robert Laplaca on May 15, 2018

        As the esteemed Secretary of Defense under two presidents has said:

        Reports that say something hasn’t happened are always interesting to me, because as we know, there are known knowns; there are things we know we know. We also know there are known unknowns; that is to say we know there are some things we don’t know. But there are also unknown unknowns – the ones we don’t know we don’t know.

        I don’t know what category to put DFS in. Maybe we know that it’s a game of skill. Maybe we know that we don’t know that it’s a game of skill. And maybe we don’t know that we don’t know it’s a game of skill. While Donald Rumsfeld has made it clear as mud how we can consider this known/unknown conundrum, two industrial engineers sought out to know just what we know and don’t know, and as a result, now we know, in case it was previously unknown, that DFS is a game of skill.

        This conclusion is in a study recently published in the Journal of Sports Analytics on April 24, 2018. For those of us without the intellectual ability or the patience to read the study, the simple bottom line is that the authors entered 35 DFS contests using randomly-generated picks and lost everyone. Unless the skill in losing every game, these results seem to support the theory that pure luck doesn’t cut it in DFS.

        Over the years, we have written about the skill v. chance history of DFS here, here, here, here, here, here, and here. (Ok, we thought it was an interesting topic.)

        Now we have proof – real analytical, data-driven, published proof – that DFS is indeed a game of skill. This study states that it’s backed by “arguments and logic used in basic statistics and probability theory.” It uses terms like “null hypothesis” and “probability tolerance” and “test statistic” and says things like “If pone rejects the strong assumption (null hypothesis) and is at least 1-a confident in this rejection. Here a=0.001 and thus the conclusion is drawn with at least 99.9% accuracy. As with all statistical methods, there is a probability, 0.001 in this case, that the conclusion is incorrect.” And, I swear to god, there is even the formula: μi=∑w−1j=1fpij/(w−1)μi=∑j=1w-1fpij/(w-1).

        WOW! In the words of Renée Zellweger, “You had me at p.”

        After reading through all of the statistical analysis and the methodologies employed, the report concludes “DFS contests with salary caps are games of skill” and recommends that “states should no longer legally consider DFS salary cap contests as gambling and encourage the use of this research to inform the public and lawmakers of these new developments in this controversial topic.”

        It’s too early to tell whether the voided states (AL, AZ, HI, ID, IO, LA, MT, NV, WA and TX) will take notice of this study, but legislators like something to hang their hat on. And since many of the voided states have pending legislation in favor of DFS, this study may be just the thing to get them in the game.

        You Might Be a Winner

        Promotion and sweepstakes laws vary widely across the fifty states and under federal regulations, creating complex challenges for today’s innovative marketers. This blog explores the latest updates and trends in promotion and marketing law, offering practical insights to help brands stay compliant while pushing creative boundaries. We’ll also discuss noteworthy, questionable, and groundbreaking promotional campaigns to encourage thoughtful discussion among marketing and legal professionals.

        Key Contacts

        Subscribe

        Looking for more great content? Subscribe for regular legal updates and information delivered right to your inbox.

        Firm Highlights

        Published Works

        Jay McCormack and Michael Fee Co-Author AHLA Article on Skin Substitute Enforcement Trends

        Verrill Partners Jay McCormack and Michael Fee co-authored an article for the American Health Law Association's Fraud and Abuse Practice Group...
        Press Releases

        Verrill Welcomes Health Care & Life Sciences Attorney Elpida Velmahos

        BOSTON, Massachusetts – Verrill is pleased to announce that Elpida Velmahos has joined the firm’s Health Care & Life Sciences Group as an...
        Press Releases

        Verrill Welcomes Litigation & Trial Attorney Emma Pooler

        PORTLAND, Maine – Verrill is pleased to announce that Emma Pooler has joined the firm’s Litigation & Trial Group as an Associate, resident in...
        Published Works

        Four Verrill Attorneys Co-Author Massachusetts Trends and Developments Chapter for Chambers and Partners Child Relocation 2026 Guide

        Verrill attorneys Mary H. Schmidt, Rachel A. Deering, Hannah R. Zukoff, and Mariah G. Tappan co-authored the “Trends and Developments” chapter...
        Blog

        A New Protected Class in Maine: Holders of Final Protection Orders

        In the lead-up to Domestic Violence Awareness Month in October, employers may be taking a closer look at how their policies and practices respond to...
        Alerts and Newsletters

        Verrill Secures SJC Victory for Boston Legacy FC in White Stadium Litigation

        Verrill has secured a significant appellate victory for Boston Legacy FC in the litigation challenging the redevelopment of White Stadium in...
        Blog

        Hurry Up and Wait

        This is the third in a series of Verrill blog posts on Maine’s packaging extended producer responsibility (“EPR”) law[1]. In July we reported...
        Media Mentions

        Robert Keach Discusses First Brands Chapter 11 Case in Law360

        Verrill attorney Robert Keach was recently quoted in a Law360 article examining the rejection of First Brands Group's Chapter 11 plan and the...
        Media Mentions

        Cybersecurity and AI Governance: Scott Anderson Featured in Massachusetts Lawyers Weekly

        Verrill Managing Partner Scott Anderson was recently featured in Massachusetts Lawyers Weekly discussing how law firms can build attorney buy-in for...
        Blog

        Section 530A Account Update: ERISA Status of Trump Accounts

        The Department of Labor has issued important guidance addressing whether employer programs that permit contributions to Section 530A accounts (and...
        Press Releases

        97 Verrill Attorneys Recognized by Best Lawyers® 2027, Including Four Named Lawyers of the Year

        AUGUSTA, Maine, BANGOR, Maine, BOSTON, Mass., PORTLAND, Maine, and WESTPORT, Conn., (August 20, 2026) – Verrill is proud to announce that 97...
        Alerts and Newsletters

        SEC’s Proposed “Reg Crypto”: What Founders Need to Know

        Startup founders and emerging-growth companies have a number of options for raising capital under the federal securities laws, including Regulation D...