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On 14 May 2018, the US Supreme Court returned its long-awaited judgment in the case of Murphy v. National Collegiate Athletic Association (‘NCAA’) (formerly Christie v. NCAA). The case was initiated in 2012 by the State of New Jersey as it tried to overturn the federal ban on states permitting sports wagering enacted in the Professional and Amateur Sports Protection Act 1992 (‘PASPA’). David Zeffman, Member of the Online Gambling Lawyer Editorial Board, and Tom Simpson, both of CMS Cameron McKenna Nabarro Olswang LLP, discuss the opportunities and challenges for European operators in the US market post-PASPA. /
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With the enactment of amendments to the Pennsylvania Race Horse Development and Gaming Act in late October 2017, Pennsylvania became the fourth state to offer legalised online gaming in the US. Implementation of the new Expanded Gaming Act has been given to the Pennsylvania Gaming Control Board, which is tasked with handling a range of issues under the Expanded Gaming Act, including how Pennsylvania treats ‘skins,’ and the Board has now issued temporary regulations on the state’s policy towards skins. Stephen D. Schrier, Partner and Co-Chair of the Gaming Practice at Blank Rome LLP, discusses here the deployment of skins in Pennsylvania’s new online gaming market, among other issues relating to the implementation of the new legislation. /
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On 14 May 2018 the Supreme Court of the United States issued its much anticipated opinion in the case of Murphy v. National Collegiate Athletic Association. This case has been characterised as opening the door to legalised sports wagering in the US. It has created a rush on the part of state legislators, sports leagues, and the gaming industry to delve deeper into the realm of sports betting, and for each party to get its preferred options in the state-by-state race to implement sports betting. Christopher L. Soriano, Partner at Duane Morris LLP, in this article explores the decision itself, its history and underpinnings, what states are doing, what the sports leagues are doing, and the online gaming aspects of sports betting in the US. /
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Murray Marshall, General Counsel at the Kahnawake Gaming Commission (‘KGC’), describes in this article the journey - spanning two decades - embarked on by the KGC to establish a healthy online gambling industry, from the beginnings of its involvement in the then-nascent world of online gaming to recent developments and the KGC’s plans for the future. Murray reflects on what he believes has led to Kahnawake’s success as a gaming jurisdiction and highlights some of the landmarks in the KGC’s journey. /
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On 27 September 2017 the Multi-State Internet Gaming Agreement between Nevada and Delaware - a compact that allows the sharing of online poker liquidity between the two states - was amended to include New Jersey. This has led to the foundation of a Multi-State Internet Gaming Association, which will oversee the implementation of online poker and other permissible internet gambling games on an interstate basis, and ensure the correct implementation of the compact’s terms. Christopher L. Soriano of Duane Morris LLP explains the background to the formation of this interstate i-gaming compact, and analyses its significance in the US online gaming landscape. /
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By enacting Act 42 of 2017 at the end of October this year, Pennsylvania joined the small group of US states to have authorised online gambling. As well as facilitating an expansion of the State’s land-based sector, Act 42 authorises, regulates and taxes online fantasy sports contests, internet gaming websites and sports wagering activities, with the latter only effective in the event that US federal law changes to allow states to regulate sports wagering. Anthony R. Holtzman and Robert A. Lawton of K&L Gates examine in detail the provisions of Pennsylvania’s i-gaming statute, and comment on reactions to the Act so far. /
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With the EU’s General Data Protection Regulation (‘GDPR’) entering into force on 25 May 2018, the UK published in September 2017 its draft Data Protection Bill (the ‘Bill’), which addresses how the UK will introduce areas of the GDPR into national law where the GDPR allows scope for variation between Member States, while also addressing other aspects of data protection besides the measures within the GDPR. Patrick Rennie of Wiggin LLP provides here an analysis of the draft Bill - reading it alongside the GDPR itself - and what it means for the gambling sector, identifying areas of interest such as around transfers of personal data and territorial application.
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The Supreme Court of the United States (‘SCOTUS’) announced on 27 June 2017 that it is to hear New Jersey’s appeal to allow sports betting in casinos and racetracks within the state, an activity currently prohibited in US states, except four states granted immunity, by the federal Professional and Amateur Sports Protection Act 1992 (‘PASPA’). /
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In early February 2017 the US state of New Jersey enacted a Law - codified as P.L. 2017, Chapter 11 - which authorises the operation of for-profit lottery courier services within the state. Such lottery courier services will be able to not only operate online but also offer electronic depictions of purchased lottery tickets, enabling couriers to offer lottery tickets via an electronic option, whereby the courier stores the patron’s ticket rather than delivering it. The Law has provoked some commentary as to whether it represents a move towards an online lottery - or ‘iLottery’ - offer in New Jersey. Christopher L. Soriano, Partner at Duane Morris LLP, details the new Law and looks at whether lottery courier services represent a path to iLottery expansion in the US. /
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According to estimates, $4.5 billion changed hands illegally as a result of sports betting on the most recent Super Bowl, just one example of the increasing amounts of money being placed illegally on sports betting in the US. Given the scale of such illegal betting and the beginning of the Trump Administration, amongst other things, some have asked whether the regulatory environment for US sports betting may change in the near future. Marc Ellinger and Stephanie Bell of Blitz, Bardgett & Deutsch, L.C. consider the current prohibitions in place and how New Jersey’s case could change things, as well as looking at daily fantasy sports as an example of how a transition could be made from an unregulated to a regulated betting environment. /
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