Garcon v. FanDuel: What is FanDuel’s Liability and Why Wasn’t DraftKings Invited?

On Friday October 30, 2015, NFL wide receiver Pierre Garcon filed a putative class action against FanDuel, Inc., an industry leader in daily fantasy sports gambling (DFS). The lawsuit follows the recent avalanche of class actions filed against FanDuel and DraftKings, Inc. (another DFS industry giant). Unlike those cases, however, which pursue claims of insider trading and unfair business practices, Garcon’s action alleges a misappropriation of publicity rights.

Garcon’s complaint alleges that FanDuel misappropriated the publicity rights of the NFL’s offensive skill-positioned players (i.e. …

November 2, 2015 Fantasy Sports

Pierre Garcon v. FanDuel, Inc.: The Latest Class Action in Daily Fantasy Sports

The legal issues for the daily fantasy sports (DFS) industry continue to mount following the putative class action filed by Pierre Garcon, a NFL wide receiver for the Washington Redskins. After news of the DFS scandal broke in late-September 2015, in which industry leaders FanDuel, Inc. and DraftKings, Inc. were accused of insider trading, nearly a dozen federal class actions have been filed against the two companies.

Garcon’s action, which was filed on October 30, 2015, names only FanDuel, Inc. as a defendant. The complaint …