Category: Gambling
Gambling 101: The Vice That's Getting More Nice
Gambling and more particularly the regulation of gambling has been part of the United States before we were even the United States. Societal standards and the need for revenue have largely shaped the history of legal gambling in the U.S. Risk taking and opportunism were part of the frontier...
The Raffle: A Calvin to the Sweepstakes Hobbes
Every six-year-old boy, at some time in his short life, comes up with the idea of running a raffle as an ingenious way of earning some easy money. It is then left to his sardonic stuffed animal friend to counsel him on the things he can do. You can’t...
Daily Fantasy Sports is a Skill Game, We Have a Study to Prove It
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...
Daily Fantasy Sports, A Supreme Decision
On May 14, 2018, the U.S. Supreme Court declared that the Professional and Amateur Sports Protection Act (PASPA) was unconstitutional – meaning it's up to the states to decide whether to allow its residents to bet on sports. This may portend big changes to Daily Fantasy Sports (DFS). In...
Win Tickets to Opening Day, But How Do I Get There?
Today (March 29 th) is baseball's opening day – the earliest opening day in history. If you're going to the Yankees' opener in Toronto, wear your ski caps it's going to be 9 degrees Celsius – which sounds cold. I bring up baseball because I noticed on mlb.com that...
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...
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...
Where's the Beef? Selling Internet Time Could Get You Time (The Sweepstakes Legitimate Product Requirement)
In 1984, Clara Peller, when opening a bun and finding only a tiny burger, first asked the famous line, "Where's the beef?" This question is still relevant today in sweepstakes world. Even if you have an AMOE, when you provide entries for purchasing a product, it better be a...
2016: The Year in Review
In case you missed it, here are some notable items from 2016 concerning sweepstakes, contests, and related promotional matters: Influencers, Native Advertising, and Endorsements 2016 kicked off with reaction to the FTC's new Native Advertising Rules which seek more transparency in sponsored stories/advertising. In March, in its first enforcement...
Condemnation, Litigation, Regulation, Legislation, Congratulation – Are NFL Ratings Down because of The Daily Fantasy Sports Crackdown?
Sports Illustrated recently had an article listing their experts' take on why NFL TV ratings are down an overall 11% from last year . Number 7 on their top 10 list was the Daily Fantasy Sports (DFS) bans. Should the past year of condemnation, litigation, regulation and legislation lead...
Playing for Keeps: Daily Fantasy Football 2016
When the last online fantasy football game was played, the attorneys general of New York, Nevada and Illinois were throwing penalty flags, state legislators was huddling to set the next play, and the daily fantasy sports leagues were taking it on the chin. Where are we now? Here's a...
Competitive Video Gambling: The Secret Hobby Going on in Your Basement
Competitive video gaming is a somewhat recent attraction for (mostly) young adult boys and (mostly) men who think they are young adult boys. I've even seen my young adult son watch YouTube videos of other people playing video games. (Don't shame me as a parent.) Competitive video gambling is...
What's a Prize? Illinois Federal Court Holds In-App Purchases for a Chance to Win Enhanced Game Play Is Not Illegal Gambling
Recently, the US District Court for the Northern District of Illinois dismissed a putative class action lawsuit claiming that the online game Castle Clash involved illegal gambling because players could make in-app purchases to win "Heroes", "gems", "shards" and "Honor Badges" to enhance their gaming experience. I think I...
You Lost the Race, But You May Have Hit the Lottery: NY Road Runners' Illegal Lottery Lawsuit
What is it with New York these days; it's a boon for promotion lawyers. First, the Attorney General says daily fantasy sports are illegal gambling and now disgruntled marathoners are claiming that the organizers of the NYC Marathon run an illegal lottery. On January 21, 2016, two guys from...
Get Yer Bets in on Iowa: Legal Political Prediction Gambling
Did you know that you can legally trade futures contracts on whether Trump tanks in Iowa or Sanders soars in New Hampshire? Two not-for-profit "stock" markets allow online trading – with real money – on a political prediction market. The Iowa Electronic Markets (IEM) and PredictIt are online not-for-profit...
Government to Citizens: Powerball Good/Daily Fantasy Sports Bad
What's good for the goose isn't always good for the gander. 44 states are selling legal lottery tickets to hopeful citizens with the 1 in 292.2 million chance of becoming a billionaire. (For those keeping score, you can't play Powerball in AL, AS, HA, MS, NV and UT.) At...
Another One Bites the Dust - Daily Fantasy Sports Update
On Wednesday, the Illinois Attorney General declared daily fantasy sports illegal under Illinois gambling law. The AG Lisa Madigan gave her opinion in response to a request from two legislators who are pushing to legalize this activity. Interestingly, the AG believed the issue of whether it is a game...
You Are a Winner - Sweepstakes Scams Are Still Popular
Recently, an affluent and intelligent businessman received a letter on Publishers Clearinghouse letterhead complete with the PCH logo and signed by its CFO informing him – by name – that he was selected as the second place winner in the 100 Million Dollars Super Cash Giveaway Promotion sponsored by...
Upcoming Webinar: "What All Lawyers Must Know About Fantasy Sports Gambling"
On January 20, from 1:00 - 2:30 PM, Rob Laplaca will present a Lorman webinar titled "What All Lawyers Must Know About Fantasy Sports Gambling." The program will answer the questions on everyone's minds concerning fantasy sports leagues and attendees will learn the legal basis for the operation of...
Maybe it is Gambling - Fantasy Sports Leagues Under Fire
This week we wrote that fantasy sports leagues were (arguably) legal because they are games of skill under the Unlawful Internet Gambling Enforcement Act (UIGEA). Yesterday, however, the Nevada Gaming Control Board concluded – after several months of investigation – the pay-to-play daily fantasy sports leagues (DFS) were gambling...
Isn't Fantasy Football Illegal Gambling?
Everyone is familiar with the phrase "No Purchase Necessary." That's because promotions based on chance – sweepstakes, giveaways, or any promotion where a winner is randomly selected – cannot require a purchase (i.e., consideration) for the chance to win a prize. This is important for many businesses who use...
Madness or Badness: Is Your Office NCAA Pool Illegal?
It doesn't matter whether you know a basketball from a hockey puck or a three-point play from a five course meal, every March, office works across the country dutifully fill out their NCAA basketball tournament pool brackets, kick in five dollars, and hope against hope that their months-long lack...
