Daniel Wallach
wallachlegal
8/31/16
6:12 PM
1

Thank you for the feedback. I really appreciate it. Have fun with the opinions If you really want to get in deep, I highly recommend reading the legal briefs filed by the lawyers throughout the four-year journey. Lawyering at the very highest levels. DW

1/29/16
1:49 PM
4

Other way around, actually. Forthcoming legalization of sports betting a greater threat to DFS. Fantasy sports thrived in the vacuum created by absence of legal sports betting. Once sports betting becomes legal, DFS will have competition. With the former, you can bet in play and in real time. With DFS, there is no Read more

1/29/16
1:44 PM
2

Great question. You must be a ringer, Professor. If state AG opinions survive legal challenge, I expect to see a fed indictment in NY. Also look at Tampa, Florida, where a federal grand jury has already been convened. Statistically, the likelihood of a grand jury returning an indictment is over 99%. Don’t need Read more

1/29/16
1:40 PM
1

Wisconsin bill may be DOA for several reasons. Licensing scheme would violate PASPA, and Wisconsin AG may be weighing in soon, according to recent reports. I can’t stress this enough: any state DFS bill that proposes to “license” DFS operators violates PASPA (the federal law banning states from authorizing or Read more

1/29/16
1:38 PM
1

Legislative either way, but faster if NJ wins court case. Litigation provided the pressure-point. That’s why we may see other states (and perhaps even Indian tribes) waging the next PASPA challenge if New Jersey loses. Please send e-mail address for invoice. First question is a no-charge. :)

1/29/16
1:27 PM
Save

The AG has discretion to decide who to go after. If the industry’s best argument is to say “that’s gambling too,” then they’re in for a long day in court. To succeed in making a “selective enforcement” argument, DK and FD will need to show a lot more than just differential treatment. Would need to establish bad faith Read more

1/29/16
1:24 PM
3

Tough case to defend for FD and DK on two scores: they don’t have licensing deals with college players (unlike with NFL players), and the use of players’ images and likenesses transforms this case into an O’Bannon-type situation (which was decided in the players’ favor), rather than the fact-pattern in the 8th Circuit Read more

1/29/16
1:19 PM
2

No, not really. Not enough money in DFS for the states. DFS is only one-fiftieth the size of the overall US market for single-game sports betting.

1/29/16
1:17 PM
1

The decisions that ultimately matter here are the New York Appellate Division and the United States Attorneys Office (in both SDNY and MD FLA) AG opinions are the prelim to the main event, which IMO is the feds (this year).

1/29/16
1:14 PM
6

False narrative. The casino industry is not the reason for the pressure; as much as anyone else, they would like legal clarity too. Absent clarity, they would be jeopardizing their gaming licenses by offering DFS. Problem is that the DFS industry proceeded without explicit legal authorization (UIGEA is not it), and Read more

1/29/16
1:11 PM
1

Common thread between both cases is the lower threshold for gaming under NY law. Despite requiring abundant skill, poker is considered gambling under NY law. DFS could meet the same fate in New York. Any federal enforcement action would be triggered by a violation of NY law (the linchpin to any IGBA prosecution). That Read more

1/29/16
1:05 PM
4

One is expressly legal and regulated, and the other is not. Most states have exceptions from the definition of “gambling” for stock market investing and ordinary business transactions. But the analogies will not stop.

1/29/16
1:02 PM
2

Esports will learn from the mistakes by made by their predecessors. Potentially an even bigger industry. Problem is that many of the looming DFS bills define fantasy sports too narrowly, without including eSports.

1/29/16
1:00 PM
3

None of the legislation I’ve come across does much to make people more aware. Only the Massachusetts AG regulations really address the core issue, which is the “fairness” of the contests and trying to “level the playing field.” All the other bills were basically drawn up by DFS lobbyists. So good luck with awareness Read more