December 21, 2018 Gambling / Legislation / Sports Betting / Sports Gambling

Congress Enters Sports Gambling Arena: Proposes Nationwide Legislation

Sports and Entertainment Law Insider has been providing analysis of sports gambling since the topic emerged several years ago. In 2018, legislative interest in sports gambling rose to the forefront when the Supreme Court ruled the Professional and Amateur Sports Protection Act was unconstitutional and overturned the ban on commercial sports betting. The ruling opened the door for states to legalize and regulate the gambling industry within their borders. Since that time, states have introduced or reintroduced legislation related to the legalization of sports gambling, …

December 4, 2018 Fantasy Sports / Gambling / NBA / Sports Betting / Sports Gambling

Let’s Go Live: NBA Announces Partnership to Distribute Real-Time Odds

On November 28, 2018, the NBA announced that sports data providers Genius Sports and Sportradar will have nonexclusive rights to distribute real-time, official data to licensed sportsbooks in the U.S. This is inclusive of both NBA and WNBA games, including preseason, regular season, and postseason play.

This partnership comes on the heels of “live betting” beginning to take off; indeed, at a recent gaming conference in New York, a FanDuel executive noted that in-game betting amounts to approximately 40% of the amount wagered at its …

November 26, 2018 Gambling / Sports Betting / Sports Gambling

Major Sports Leagues Cover the Spread, Win Sports Betting Spinoff Lawsuit

On November 16, 2018, Judge Shipp found in favor of the major sports leagues in a claim for damages under an injunction bond.

Previously, the New Jersey Thoroughbred Horsemen’s Association (NJTHA) had sought $3.4 million, plus interest and damages, from the NFL, NCAA, NBA, NHL, and MLB. NJTHA claimed that, as a result of Judge Shipp’s 2014 injunction halting NJTHA and Monmouth Park from accepting sports bets, NJTHA suffered damages in excess of $10 million. In response, lawyers for the leagues described the claim …

November 23, 2018 Fantasy Sports / Intellectual Property, Copyright, and Trademark / Litigation / NCAA / Sports Betting / Sports Gambling

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 …

November 14, 2018 Fantasy Sports / NHL / Sports Betting

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 …

November 2, 2018 Fantasy Sports / Sports Betting / Sports Gambling

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 …

October 30, 2018 NCAA / Sports Betting / Sports Gambling

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 …

October 2, 2018 Gambling / Sports Betting / Sports Gambling

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 …

September 14, 2018 eSports / Fantasy Sports / Sports Betting

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 …

August 8, 2018 Baseball / Fantasy Sports / Gambling / MLB / Sports Betting / Sports Gambling

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 …