FanDuel Strikes Deal with NHL as Official Sports Betting Partner

Via joint press release, FanDuel announced its partnership with the NHL, unveiling its multi-year deal as the official daily fantasy sports partner and sports betting partner. The partnership is not the first of its kind for the NHL, as the organization announced a comparable agreement with MGM Resorts International shortly before its FanDuel partnership. The NHL’s strategy to cozy up with sports betting giants is a sharp turn away from its previous views on the gambling practice. Back in 2016, NHL Commissioner Gary Bettman stated…
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NHL Partners with MGM

On October 29, 2018, the NHL announced a partnership with MGM Resorts International and became the second North American sports league to reach a partnership with the professional sports betting operator. As per the terms, the NHL officially designated MGM Resorts as the official sports betting partner of the NHL. Specifically, the deal allows MGM Resorts to host NHL promotional opportunities and establishes MGM Resorts as an official resorts partner of the NHL. Further, the deal provides MGM Resorts access to the NHL’s proprietary game…
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Plaintiffs Win Big: NY Court Classifies Fantasy Sports Betting as Gambling

NY State Court Judge Connolly ruled on Monday that fantasy sports contests are gambling, thus rendering the state law legalizing their operation unconstitutional. The decision is a major blow to industry leaders like DraftKings Inc. and FanDuel Inc. However, the Justice noted that the decision fails to bind the lawmakers from excluding such contests from the penal law governing anti-gambling regulations. Plaintiffs brought the suit against Governor Cuomo and the NY State Gaming Commission opposing the law legalizing fantasy sports betting. The law originally legalized…
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DraftKings Sues to Identify Cyber Attackers

DraftKings, Inc. has filed suit in Massachusetts federal court in an attempt to identify the individuals behind cyberattacks launched at the website. DraftKings, with its business based in fantasy sports contests, claims to have suffered a 26 minute denial of service when the cyber assailants “overwhelmed” its servers on two separate occasions in an attempt to stifle business. Its complaint, filed under the Computer Fraud and Abuse Act, articulates, “The attack occurred because defendants intentionally sent thousands of packets of information or commands to plaintiff’s…
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MLB Asks Lawmakers to be Cautious in Recently Legalized Sports Betting World

On July 31, 2018, at the National Conference of State Legislators (NCSL) Bryan Seeley, a senior vice president with Major League Baseball, asked lawmakers to be cautious in the recently legalized sports betting world. As we have previously reported, in May 2018, the United States Supreme Court struck down a federal statute controlling the states’ ability to regulate sports gambling. In its majority opinion, the court voted to strike down the Professional and Amateur Sports Protection Act of 1992 (PASPA). Although PAPSA did not…
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CBS Interactive Inc. Sued for Trademark Infringement

On July 13, 2018, Fulltime Fantasy Sports, LLC (Fulltime) sued CBS Interactive Inc. (CBSi) for trademark infringement, false advertising, breach of contract, conversion, unlawful and deceptive practices, and unfair competition. According to the complaint, “[a]s fantasy football season approaches, Fulltime has been forced to file this action to seek relief from the Court’s so that CBSi will stop misappropriating Fulltime’s intellectual property and good will, stop confusing consumers, and pay Fulltime what it is owed.” Fulltime, founded in 2011, “provided premier fantasy sports content,…
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College Football Right of Publicity Lawsuit: Player Unions Support College Athletes in Fantasy Sports Suit

On January 25, 2018 the Sports and Entertainment Law Insider discussed a lawsuit filed by former NCAA football players, Akeem Daniels, Cameron Stingily, and Nicholas Stoner, who alleged that daily fantasy sports (DFS) providers had violated an Indiana state right-of-publicity statute when the DFS companies used names, images, likenesses, and statistics of student-athletes in online fantasy sports contests. In September 2017, the case was dismissed by the United States District Court based on a finding that the use of the names, images, and likenesses were…
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DraftKings Seeks Declaration that Daily Fantasy Sports Contests are Legal in Texas

On April 16, 2018, DraftKings sought a declaratory judgment in Texas state court against Texas Attorney General, Ken Paxton. According to the petition, Paxton’s actions have sought to eliminate daily fantasy sports in Texas, and now, DraftKings is seeking a declaratory judgment to determine if daily sports are legal under Texas state law. DraftKings argued that the court need not look further than Paxton’s treatment of DraftKings’ main competitor, FanDuel, to see that Paxton’s “actions pose direct and particularized harm to DraftKings.” In their…
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Federal Judges Turn to Indiana State Court in DraftKings and FanDuel Lawsuit

On March 7, 2018, two Seventh Circuit judges, Judge Frank Easterbrook and Judge Ilana Diamond Rovner, certified the following question to the Supreme Court of Indiana, “Whether online fantasy‐sports operators that condition entry on payment, and distribute cash prizes, need the consent of players whose names, pictures, and statistics are used in the contests, in advertising the contests, or both.” As we have previously reported, in May 2017, a group of 3,000 college-athletes, led by former Northern Illinois University football players Akeem Daniels and…
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Lawsuit Concerning Use of Student-Athletes’ Name and Likeness by DraftKings and FanDuel Continues

On February 22, 2018, two Seventh Circuit judges, Judge Frank Easterbrook and Judge Ilana Diamond Rovner, said that they would likely need an answer from the Indiana judiciary before they can decide whether to revive a proposed class action suit brought against DraftKings and FanDuel. As we have previously reported, in May 2017, a group of 3,000 college-athletes, led by former Northern Illinois University football players Akeem Daniels and Cameron Stingily, and former Indiana University football player Nicholas Stoner, bought a suit alleging that…
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