Draftkings and Fanduel: “No Doubt” Right of Publicity Lawsuit Should be Dismissed

As we have previously reported, former NCAA football players, Akeem Daniels, Cameron Stingily, and Nicholas Stoner recently filed a lawsuit against Draftkings, Inc. and Fanduel, Inc. In their lawsuit, the former NCAA players allege that Draftkings and Fanduel violated an Indiana state right-of-publicity statute when they used the former players names, images, likenesses, and statistics in online fantasy sports contests. After the case was dismissed in United States District Court, it was appealed to the Seventh Circuit. A Seventh Circuit appellate panel certified the…
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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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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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NCAA to Commence New Committee to Monitor Sports Gambling

With the legalization of sports betting underway since May, 2018, the NCAA has announced its plan to establish a committee to oversee “the expansion of legalized sports wagering,” named the Board of Governors Ad Hoc Committee on Sports Wagering. In December of 2017, the longstanding federal restrictions barring the activity were struck down by Murphy v. NCAA, with the court determining that individual states could decide whether to legalize sports betting. The majority of states are expected to do so, allowing the respective state…
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Concerns with Online Sports Gambling Voiced by the U.S. House Judiciary

Leaders of the online sports betting arena are putting increasing pressure on Congress to legalize the industry, following the U.S. Supreme Court decision to strike down a law previously preventing states from legalizing online gambling. Lawmakers have pushed back, raising concerns about harms to consumers. During a hearing Thursday, the U.S. House Judiciary Crime, Terrorism, Homeland Security, and Investigations Subcommittee questioned representatives of the gambling industry, voicing particular concern for minors and individuals with gambling addictions. The concern stems from the idea that online…
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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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NCAA Analyzes the Impact of Legalized Sports Betting

On July 19, 2018, the NCAA announced that it was analyzing the impact of legalized sports betting by creating an internal team of experts. The team of experts would exam the long-term effects of legalized sports betting and its impact on college sports, including its impact on officiating, rules, and the used of integrity services. The NCAA said it remains opposed to legalized sport betting and is focused on protecting student-athletes and the integrity of their events. According to NCAA chief legal officer Donald Remy,…
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Rhode Island All In On Sports Gambling

Rhode Island has become the third state to pass sports betting legislation. The Sports Law Insider has previously reported on both Delaware and New Jersey’s approved gambling legislation. Now, on Friday, June 22, Governor Gina Raimondo signed Rhode Island’s fiscal year budget, which included provisions for the state’s two casinos to offer legal sports betting through the Rhode Island lottery. With the passage of bill H.7200, sports wagering will begin at Twin River Lincoln casino and Twin River Tiverton casino on October 1,…
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Online Betting Co. Sued By Former Employee

On Monday, June 18, 2018, online horse racing platform Xpressbet LLC was sued in Pennsylvania federal court by former employee John Martinez. Xpressbet allows users to bet live horse races legally online. Martinez claims he was demoted and subsequently fired because he took medical leave. Martinez brings his complaint to recover all available damages for violations under the Americans with Disabilities Act (ADA), the Family Medical Leave Act (FMLA) and the Pennsylvania Human Relations Act (PHRA). Martinez started working at Xpressbet in 2015…
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