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Gambling Laws and Regulations in U.S.: Significant Issues and Developments

Gambling Law CLE

Gambling Laws and Regulations in U.S.: Significant Issues and Developments

Live Webcast Date: Thursday, March 30, 2017 at 12:00 pm - 2:00 pm (ET)
Gambling LawRecording

Every jurisdiction in the United States treats gambling differently. The complexity of gambling laws across the U.S. makes it difficult to understand and follow what is and what is not legal. To help the audience understand gambling laws across the country, a panel of key thought leaders and professionals organized by The Knowledge Group will address the various laws and regulations governing gambling in the US. The speakers will discuss the significant issues and developments on these laws and explain how these affect players and their decisions to gamble.

In a two-hour webcast, the speakers will discuss:

  • Introduction to US Gambling Laws
    • Unlawful Internet Gambling Enforcement Act
    • Professional and Amateur Sports Protection Act
    • Federal Wire Act
    • Restoration of Americans Wire Act
  • Overview of Gambling Laws in Various States
    • State Gambling Laws in Restrictive States
    • State Gambling Laws in Liberal States
  • US Anti-Money Laundering Compliance for the Gaming Industry
  • How Different Games are Treated
  • Update on US Online Gambling Legislation

Who Should Attend

  • Criminal and Legal Lawyers
  • Transactional Lawyers
  • Attorneys General
  • Counsel and Advisors
  • Criminal and Civil Litigators
  • Casino Owners
  • Online Gambling Operators

Faculty

Mark Hichar

Mark Hichar
Partner
Hinckley Allen

Jeffrey A. Silver

Jeffrey A. Silver
Of Counsel
Dickinson Wright

Bill Gantz

Bill Gantz
Partner
Dentons

Allen E. Molnar

Allen E. Molnar
Member
Harris Beach PLLC

Click Here to Read Additional Material

SEGMENT 1:
Mark Hichar   
Partner 
Hinckley Allen

  • Update on Fantasy Sports in the U.S.
    • States that have passed fantasy sports laws – different forms they have taken
    • Other States – DFS operators (1) do not offer pay-to-play DFS games with prizes or (2) DFS operates offer pay-to-play games with prizes without express legalization
    • States in which fantasy sports bills are pending
    • Comments on:
      • FanDuel- DraftKings merger
      • Fantasy Aces bankruptcy
  • U.S. State Lotteries and iGaming
    • Current Status – States with lottery products online
    • States considering putting lottery products online
    • Obstacles to expansion
  • Online social gaming.
    • What is it?  (Different forms.)
    • Is it gambling? 
    • Recent social game cases
    • Emerging views from regulators        
  • Brief comments on RAWA, iGaming and the Trump Administration
    • AG Sessions comments on the 2011 DoJ Wire Act Opinion
    • Statements by Donald and Ivanka Trump on iGaming during 2011 urged legalization of iGaming in the US
    • Sheldon Adelson support for RAWA continues and bears watching
    • Sheldon Adelson / Trump relationship

SEGMENT 2:
Allen E. Molnar          

Member
Harris Beach PLLC

  • US legal developments, and prospects, regarding US anti-money laundering compliance for the gaming industry
    • Continued Emphasis On Reporting/Recordkeeping
    • Suspicious Activity Reports (possible changes in triggering threshold)
    • Customer Due Diligence on Junket Operators and Patrons
    • A Casino-Oriented Geographical Targeting Order in 2017?
    • AML Compliance As A Competitive Weapon?

SEGMENT 3:
Jeffrey A. Silver         
Of Counsel       
Dickinson Wright       

  • The emerging development of an e-sports as a wagering medium.
    • Reaching out to millennials with skill-based gaming.
  • The assault on the Professional & Amateur Sports Protection Act (“PASPA) in expanding sports wagering.
    • Current status of Sports Wagering in the US, including a summary of Federal Laws.
    • Predicting the future through the U.S. Supreme Court.

SEGMENT 4:
Bill Gantz       
Partner
Dentons          

Regulatory Compliance for e-sport and Other Skill Games

  • Difference between gambling and engaging in contests of skill
    • Why DFS is treated differently
  • Legality of Head-to-Head and Multiplayer Networked Tournament Play
    • Application of State laws prohibiting games or contests online
    • Premises of a Skill Game
  • Application of State laws and decisions defining gambling
  • Impact of Degrees of Chance / Random Events in Game Play
    • Projected legal Result
      • Head to Head Challenges and Multiplayer Tournaments
      • Side Betting on outcome or teams
      • Fantasy / DFS based upon esports
    • Projected Regulatory Impacts
      • Financial Controls
      • Age Limits
      • Prohibition
    • Best Practices for launching new gaming application
      • Facebook
      • iOS
      • payment provider

US Patent Law Update for the Internet and Mobile Gaming Industry

  • Impact of the 2014 Alice Decision
    • Advent of Section 101 invalidity
      • Abstract ideas
      • lack of inventive steps
    • Patent prosecutions and rejections
    • Patent Infringement Litigation
  • Current Practice Under Alice and its progeny
    • Section 101 Motions to Dismiss
      • Success rates
      • Courts finding exceptions to the rule
        • improvement in computer or network functionality
        • novel order or combination of known instrumentalities
Mark Hichar

Mark HicharPartnerHinckley Allen

Mark works with clients located both inside and outside of the United States. These clients include casinos, suppliers of gaming systems and services (for online and traditional gaming), and investors in and lenders to gaming businesses.  Mark has structured several joint venture arrangements involving gaming operators and has managed the regulatory approval process with respect to numerous gaming-related transactions.  Mark is a frequent writer and speaker on developments in Gaming Law and related regulatory actions, and has authored several articles on developments in the laws relating to online gaming.

Jeffrey A. Silver

Jeffrey A. SilverOf CounselDickinson Wright

Mr. Silver's practice focuses on every aspect of gaming, liquor licensing and regulatory law, as well as planning and zoning matters, contractor licensing and transportation law.  He has testified before the Nevada Legislature and U. S. Congressional sub-committees on gaming law issues and has consulted on gaming regulatory matters in several jurisdictions.

Mr. Silver is the former Chairman of the Gaming Law Committee of the American Bar Association.  He has received several "Lawyer of the Year” designations from "Best Lawyers" and is rated in Band 1 in Gaming from Chambers.

Mr. Silver has served as a former Clark County Chief Deputy District Attorney heading the Consumer Affairs and White Collar Crimes Division and was the resident Las Vegas Member of the Nevada State Gaming Control Board during the state's tumultuous period of developing regulatory oversight. He is a Member, Counsellor and former President of the International Association of Gaming Advisors (IAGA). He currently serves as Chairman of the National Museum of Organized Crime and Law Enforcement (Mob Museum). He is a Member and former Chairman of the Las Vegas Metro Chamber of Commerce and former Secretary and Director of the Las Vegas Convention and Visitors Authority (LVCVA). He also held positions at various resort hotels, such as COO and General Counsel for the Landmark Hotel & Casino, Chief Executive Officer and member of the Board of Directors of the Riviera Hotel & Casino and Senior Vice-President of Marketing for Caesars Palace.

Bill Gantz

Bill GantzPartnerDentons

Bill Gantz is a Partner in the International law firm Dentons, where he serves as liaison for the United States Gaming Sector Practice.  Bill has advised the Internet and mobile gaming industry in the United States since 2002 in patent, trademark, licensing, litigation, and state and federal regulatory compliance matters.  In 2011, Bill successfully defended the first (and only) patent infringement case tried to verdict by the online gambling industry, obtaining a jury verdict in favor of  www.sportsbetting.com against the Lottotron ‘865 patent (computerized lottery wagering system) in the U.S. District Court for the District of New Jersey.  He is currently leading the defense for a US online gaming operator in patent infringement litigation initiated in April 2016 in the United States District Court for the District of Nevada by plaintiffs asserting geolocation and age verification method patents.  Bill also has specialized experience in fantasy sport, e-sport, skill games, video gaming terminals, sweepstakes, lottery, retail product promotions, raffles and charitable games both online and on land.   

Allen E. Molnar

Allen E. MolnarMemberHarris Beach PLLC

Allen represents U.S. and foreign-based financial services institutions and commercial clients on regulatory and international trade compliance matters and in ancillary proceedings related to ongoing civil litigation, such as state and federal regulatory enforcement investigations and international corporate investigations. Allen handles issues with multijurisdictional or international implications, such as compliance with requirements of anti-money laundering laws, the Bank Secrecy and PATRIOT Acts, data privacy requirements, import-export issues, and matters involving the U.S. Treasury Department's Office of Foreign Assets Control, the U.S. Commerce Department's Bureau of Industry and Security, and the U.S. State Department’s Directorate of Defense Trade Controls. He has interacted with the Federal Bureau of Investigation, the U.S. Secret Service, state police, the federal Financial Crimes Enforcement Network, INTERPOL, and overseas law enforcement officials in the resolution of several matters. Allen also counsels institutional clients on matters involving government procurement contracts, including application of Federal Acquisition Regulations and Defense Federal Acquisition Regulations, complying with their requirements/investigating suspected compliance lapses, and responding to agency enforcement actions.

Course Level:
   Intermediate

Advance Preparation:
   Print and review course materials

Method Of Presentation:
   On-demand Webcast

Prerequisite:
   NONE

Course Code:
   145986

NASBA Field of Study:
   Business Law - Technical

NY Category of CLE Credit:
   Areas of Professional Practice

Total Credits:
   2.0 CLE

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About the Knowledge Group

The Knowledge Group

The Knowledge Group has been a leading global provider of Continuing Education (CLE, CPE) for over 13 Years. We produce over 450 LIVE webcasts annually and have a catalog of over 4,000 on-demand courses.

About the Knowledge Group

The Knowledge Group

The Knowledge Group has been a leading global provider of Continuing Education (CLE, CPE) for over 13 Years. We produce over 450 LIVE webcasts annually and have a catalog of over 4,000 on-demand courses.

Hinckley Allen is a multiservice law firm offering a full range of legal services and pragmatic business advice to regional, national and international clients, with practices including Construction, Corporate, Gaming, Litigation, Real Estate, and Trusts & Estates. With Hinckley Allen’s longstanding reputation for creating lasting, meaningful business relationships, they are more than just a law firm. Hinckley Allen is a law firm that truly and fully engages with our clients.

Website: http://www.hinckleyallen.com/

Dickinson Wright PLLC is a general practice business law firm with more than 435 attorneys among more than 40 practice areas and 16 industries. The firm has seventeen offices, including six in Michigan and ten other domestic offices in Las Vegas, Reno, Austin, Columbus, Ft. Lauderdale, Lexington, Nashville, Phoenix, and Washington, D.C. The firm’s Canada office is located in Toronto.

Dickinson Wright offers our clients a distinctive combination of superb client service, exceptional quality, value for fees, industry expertise and business acumen.  As one of the few law firms with ISO/IEC 27001:2013 certification, Dickinson Wright has built exceptional, independently-verified risk management controls and security processes. Our lawyers are known for delivering advice on sophisticated transactions and have a remarkable record of wins in high-stakes litigation. Dickinson Wright lawyers are regularly cited by Chambers, Best Lawyers, Super Lawyers, and other leading evaluating organizations.

Website: http://www.dickinsonwright.com/

Dentons is the world's first polycentric global law firm. A top 20 firm on the Acritas 2016 Global Elite Brand Index, the Firm is committed to challenging the status quo in delivering consistent and uncompromising quality and value in new and inventive ways. Driven to provide clients a competitive edge, and connected to the communities where its clients want to do business, Dentons knows that understanding local cultures is crucial to successfully completing a deal, resolving a dispute or solving a business challenge. Now the world's largest law firm, Dentons' global team builds agile, tailored solutions to meet the local, national and global needs of private and public clients of any size in more than 125 locations serving 50-plus countries. 

Website: http://www.dentons.com/

Harris Beach and its subsidiaries provide a full range of legal and professional services for clients across New York state, as well as nationally and internationally. Harris Beach is among the country’s top law firms as ranked by The National Law Journal and is among the 2016 BTI Elite law firms based on in-depth interviews of more than 600 corporate counsel at the world’s largest and most influential companies. Our clients include Fortune 100 corporations, privately-held companies, emerging businesses, public sector entities, not-for-profit organizations and individuals. Principal industries we represent include education, energy, financial, food and beverage, health care, insurance, manufacturing, medical and life sciences, real estate developers, and state an local governments and authorities.

Our reach is not limited by our brick and mortar locations. We mobilize professionals with the best-suited experience to serve clients where they need us, whether regionally, nationally or internationally. While Harris Beach has a strong office presence throughout New York state and the tristate area, our capabilities extend far beyond. Many of our practices are national in scope. The firm also has a network of regional firms across the county to draw upon. We serve the needs of many foreign companies with their investments across the U.S., including mergers and acquisitions of U.S. entities. For clients making international investments or seeking intellectual property protections, we can access a large international network of law firms we routinely work with and know we can rely upon.

Through the strategic application of our resources, relationships, legal experience and consulting expertise, we build the right team to get the job done for our clients – efficiently and cost-effectively. Every person at Harris Beach is committed to being accessible, productive, responsive and technologically sophisticated to provide the utmost value to our clients.

Website: http://www.harrisbeach.com/

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