News & Analysis as of

Statutory Interpretation Gambling Sports Betting

Troutman Pepper Locke

The Right to Regulate: Kalshi, Federal Preemption, and the Fight for State Gaming Authority

Troutman Pepper Locke on

A lawsuit between KalshiEx LLC (Kalshi) and New Jersey state gaming regulators in the Third Circuit is testing the balance between federal commodities regulation and state authority regarding sports betting. Kalshi operates...more

Brownstein Hyatt Farber Schreck

D.C. Weighs In on Novel “Statute of Anne” Suit

Back in February, a limited liability company filed a lawsuit against the five companies licensed to operate online sports betting in the District of Columbia (“District” or “D.C.”). The case invokes an old section of the...more

Stinson LLP

A Victory for DFS and the "Predominate Factor Test"

Stinson LLP on

On April 16, 2020, the Illinois Supreme Court officially adopted the "predominate factor test" and ruled in Dew-Becker v. Wu (2020 IL 124472) that daily fantasy sports (DFS) are, in fact, games of skill, and therefore...more

Akin Gump Strauss Hauer & Feld LLP

New Hampshire Hold ‘Em: Federal Decision Sets Aside Latest DOJ Wire Act Opinion

• On June 3, 2019, a federal court in New Hampshire ruled in favor of a New Hampshire state agency in concluding that “the text, context, and structure of the Wire Act” limit the Act’s applicability to sports gambling and no...more

Brownstein Hyatt Farber Schreck

The Wire Act Applies Only to Sports Gambling, For Now

On June 3, 2019, a federal court in New Hampshire issued a highly anticipated decision in New Hampshire Lottery Commission et al. v. Barr et al., challenging a recent opinion by the U.S. Department of Justice (DOJ) regarding...more

Sheppard Mullin Richter & Hampton LLP

Federal Court “Discards” DOJ Interpretation Of Wire Act

In a closely watched case, a New Hampshire federal court has ruled that the Wire Act is limited to sports betting and set aside the DOJ’s recent opinion to the contrary. However, it limited the scope of its declaratory relief...more

Sheppard Mullin Richter & Hampton LLP

DOJ Sued Over its Reinterpretation of the Wire Act

It didn’t take long. The New Hampshire Lottery has sued the Department of Justice (DOJ) to prevent enforcement of the DOJ’s opinion (issued last month) reinterpreting the Wire Act. As we reported last month, the DOJ reversed...more

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