Category Archives: Fantasy Sports

DraftKings Sued by Fantasy Sports Cable Network

DraftKings has gotten a lot of negative attention in the past year, and its luck doesn’t seem to be changing. On September 23, 2016, Anthem Sports & Entertainment Corp sued DraftKings in a New York court for failing to pay over $4 million in a television programming deal. In August 2015, Anthem Sports, as the owner of the fantasy sports cable network Fantasy Sports Network, Inc., claimed it made a television programming deal in which DraftKings agreed to pay Anthem $4.5 million to produce daily…

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Daily Fantasy Sports Companies Investing Big Money in Lobbying

After the first two weeks of NFL football in 2016, once thing is apparent; there are far fewer commercials advertising for daily fantasy sports. The decline in the advertising of daily fantasy sports companies makes sense given the rising costs other factors associated with the legality of these sites. FanDuel Inc. and DraftKings Inc., the largest daily fantasy players, are fighting for their existence on a state-by-state basis. Daily fantasy sports companies are pushing to be classified as a “game of skill” instead of a…

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Daily Fantasy Company Continues to Attempt to Skirt Sponsorship Payment and Subsequent Sanctions

In the continuing saga over a sponsorship contract for the Xcel Energy Center, home of the NHL’s Minnesota Wild, online daily fantasy company Emil Interactive Games LLC made yet another attempt to avoid paying. Previously, the Wild brought suit for breach of contract over $1.1 million in unpaid sponsorship fees to which Emil Interactive tried profusely to shield itself from paying by challenging the legality of its own business. As a result, the Wild called for sanctions against Emil Interactive for meritless and prolonged…

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Minnesota Wild Seek Sanctions for Daily Fantasy Company Looking to Skate Sponsorship Agreement

As previously thought, the NHL’s Minnesota Wild are formally seeking sanctions against fantasy sports operator Draft Ops, owned by Emil Interactive Games LLC. On July 6, 2016, the Wild asked a Minnesota federal court to sanction Emil Interactive for attempting to escape the $1.1 million they owe as part of a sponsorship deal with the Wild and their Arena, the Xcel Energy Center. Initially, the Wild sued Emil Interactive for breach of contract after the parties agreed the daily fantasy sports company would be…

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FanDuel Argues First Amendment Protects Use of NCAA Players’ Names and Likenesses

On Tuesday, June 26, 2016, FanDuel asked an Indiana federal court to dismiss it from a putative class action accusing daily fantasy sports operators of profiting off the unauthorized use of former NCAA athletes’ names and likenesses. It contended that its use of the names and likenesses was protected by the First Amendment. FanDuel has had trouble with using the NCAA as a portion of its daily fantasy sports platform before, as back in March it had to reach a deal with the NCAA agreeing…

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DraftKings Reaches Settlement Over TCPA Issue

DraftKings recently announced that they have reached a settlement agreement concerning a Telephone Consumer Practice Act (TCPA) class action. David Izsak filed the complaint in October 2014 in the Northern District of Illinois. Mr. Izsak received a text message stating, “Come play DraftKings with me. Use my link and we’ll both get a bonus.” After calling the sender, he discovered the number from the text message is owned and operated by DraftKings. On June 13, 2016, the Northern District of Illinois ruled on the defendant’s…

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Minnesota Wild Claims DFS Company’s Bid for Dismissal in Sponsorship Dispute was Made in Bad Faith

On June 22, 2016 the next step in an extended and contentious legal battle between the National Hockey League’s Minnesota Wild and Draft Ops fantasy sports was filed in a Minnesota federal court. On Wednesday, the Minnesota Wild filed a Response in Opposition to Draft Op’s Motion to Dismiss, asking a federal judge not to dismiss their complaint. Previously, Emil Interactive Games, which operates Draft Ops fantasy sports, asked the court to dismiss the Minnesota Wild’s breach of contract claims over a sponsorship agreement…

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DraftKings Automated Text Class Action Continues

DraftKings has been subject to ongoing legal scrutiny and the legality of online fantasy leagues hosted by companies like DraftKings and FanDuel has been debated over the past years. Along with questions surrounding potential anti-gambling law violations, stakeholders are also questioning the truthfulness of the aggressive advertisement tactics employed. In October 2014, Izsak expressed his displeasure with DraftKings advertising tactics by filing a class action suit in Illinois federal court. He claims that on September 1, 2014, he received an unsolicited text message from DraftKings,…

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Illinois Fantasy Sports Bill Stalls in House Heading into Summer

The Illinois state legislature wrapped up its spring session on Tuesday, May 31, 2016, and came with it the disappointment of many an avid daily fantasy sports player, as a proposed bill regulating the fantasy industry failed to be called to a vote before the end of the session. The bill, which had already passed in the Illinois Senate, seeks to allow DFS giants DraftKings and FanDuel to legally operate throughout the state under specific regulations. Some of those potential restrictions include limiting DFS games

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DraftKings Taking a Gamble: Daily Fantasy Sports Operation Bets Gambler’s Wife is Insincere in Requested Damages

On June 3, 2016, Daily fantasy operator DraftKings insisted a Tennessee federal court continue to review a woman’s lawsuit to be reimbursed for her husband’s daily fantasy gambling losses. Previously, Erica Miller filed a motion to have her suit returned to Tennessee state court because her request for damages just under $47,000 — well under the $75,000 threshold required for federal jurisdiction. This lawsuit has developed a bizarre shift in traditional legal practice where the plaintiff is saying they want less money and the defendant…

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