Gamer Technology Law: Significant Issues and Developments
Overview:Gamer Technology Law: Significant Issues and Developments LIVE Webcast is designed for business executives and attorneys involved in the interactive entertainment industry who seek to have an enhanced understanding of the issues surrounding the Gamer Technology Law. Our panel of key thought leaders and practitioners will discuss the following topics:
• A veteran's view of the evolution of the industry
• Financing: PE and VC investment
• Mobile gaming: Mobile privacy, mobile free-to-play model, and mobile payments
• FinCEN guidelines: Implications for virtual currency systems
• Use of user generated content and the issues arising from the international nature of games
• Gamblification: Gaming and gambling partnerships
• Big data and its use: Opportunities fraught with risks
• IP developments in the gamer world
• Tax issues in gaming
• Current challenges and tips for building a game as a brand
• The progression of video games into interactive social media outlets
• The evolution of game play business models
• Latest regulatory updates
Robert M. Crawford, Jr., Counsel
Goodwin Procter LLP
- Introductory comments, setting the scene on this topic
- DOJ memo and three states with regulated gambling
Mark Hichar, Partner
- Sheldon Adelson’s effort to ban Internet Gambling – The likely draconian effects of his proposed “Wire Act Fix”
- (As you may already be aware, billionaire Sheldon Adelson’s proposed ban on internet gambling has been generating a great deal of buzz both in and outside of Washington D.C. Indeed, a House subcommittee held a hearing on December 10, 2013 at which Adelson’s representative testified in favor of his proposed ban. (Testimony of Andrew F. Abboud, Las Vegas Sands Corporation Senior Vice President, before the Subcommittee on Commerce, Manufacturing and Trade Committee on Energy and Commerce, December 10, 2013))
- Legal issues pertaining to sports-fantasy leagues, and in particular daily sports fantasy tournaments;
- Current status of poker – Is it a game of skill or chance?
Vernon A. Nelson, Partner
Lewis Brisbois Bisgaard & Smith LLP
- ACH is currently ok
- Credit cards most convenient…..but significant issues with use.
- Case Law – Creation of Debt- When gambler charges credit card, a debt is incurred.
- Credit card debts involve as many as 4 different contracts and these contracts are relevant to enforceability.
- Charge backs
- Enforceability of Gaming Debts-
- Enforceable in NV and NJ
- Not enforceable elsewhere; unless enforcing a NV or NJ judgment per full faith and credit.
- Contract defenses like incapacity and intoxication are likely available.
- UIEGA, Wire Act, and FDCPA should not affect enforcement.
- Visa Merchant Verification Value Registration may be available for Internet Casinos and may help reduce successful chargebacks.
- Master Card appears to be approved more often than Visa.
- Paypal has not allowed.
- Recommendations to Improve enforceability
- Add provision to terms and conditions regarding enforceability of debts.
- Add similar language to Deposit Screen in cashier section and have Patron acknowledge.
- Other recommendations.
Who Should Attend:
- Employment, Privacy, Marketing, New Media Attorneys and Related Practice Areas
- Chief Security Officers
- Risk and Compliance Officers
- IT Heads
- Senior Management
- Private Companies
- Public Companies
- Privacy and Data Security Lawyers and Consultants
- And other related/interested professionals
Mr. Crawford is the co-chair of the firm’s Gaming, Gambling & Sweepstakes Practice and Counsel in the firm’s Technology Transactions Practice and Technology Companies Group. He has over 13 years of experience advising clients on a broad range of commercial transactions, gaming and gambling and other technology and intellectual property matters, including technology licensing and transfers; joint venture, collaboration, strategic alliance and joint development transactions; due diligence and counseling in mergers, acquisitions, venture capital and private equity transactions; open source counseling; and counseling of clients on compliance with sweepstakes, Internet marketing and promotional laws. Mr. Crawford regularly advises clients in connection with the structuring, launch and commercialization of online games of skill, games of chance, fantasy sports games, sweepstakes, promotions and related technology platforms, games and content.
Mr. Crawford is the co-chair of the firm’s Gaming, Gambling & Sweepstakes Practice and Counsel in the firm’s Technology Transactions …
Mark Hichar is a Partner with the law firm Hinckley, Allen and Snyder, LLP and the Chair of the firm's Gaming Law Practice Group. He works out of the firm's offices in Boston and Providence. Mark's clients include casinos, suppliers of gaming systems and services (for both "bricks and mortar" and online gaming), and investors in and lenders to gaming businesses. 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. Seehttps://www.haslaw.com/mark-hichar/
Mark received his B.A. degree from Yale University, his J.D. from the University of Chicago Law School, and also studied at the Universität Duisberg-Essen, in Essen, Germany.
Mark Hichar is a Partner with the law firm Hinckley, Allen and Snyder, LLP and the Chair of the firm's …
Vernon Nelson is leader of Lewis Brisbois’s Gaming Law Practice Group and is based in our Las Vegas office. He has counseled Gaming clients for more than 15 years as in-house and outside counsel. He has represent Gaming clients on matters involving Gaming Law, Collections and Creditors Rights, Corporate/Business Law, Real Property, and environmental compliance.
Mr. Nelson has represented Gaming clients in gaming regulatory matters around the world, including the Nevada Gaming Control Board and Nevada Gaming Commission, the NJ Casino Control Commission, the Pennsylvania Gaming Control Board, and the U.K. Gambling Commission. He has represented Gaming clients in matters such as entity licensing, individual licensing, disciplinary matters, and tax matters. He has experience in credit card and ATM transactions, cash advance and credit issues, and issues relating to the enforceability of gaming obligations. He has represented Gaming clients in transactions involving the sale or lease of gaming equipment.
Mr. Nelson has represented Gaming clients in a wide array of legal matters across the U.S. and has appeared in numerous Federal and State courts. He has also directed compliance efforts and litigation in Hong Kong, China, Singapore, Japan, the U.K. and South America. His international experience includes, foreign exchange issues, corporate and branch office matters, real estate transactions, commercial litigation and insolvency matters.
Mr. Nelson has represented commercial clients in commercial transactions, real property sales and leases, buy/ sell transactions, and management contracts. He has handled transactions involving the transfer of hotels and casinos and related real property. He has actively participated in negotiations relating to business matters such as retail leases, restaurant leases, and the development and licensing of nightclubs in casinos. He has clients in land use matters, which include use permits, special assessment districts, and regional utility authorities.
Vernon Nelson is leader of Lewis Brisbois’s Gaming Law Practice Group and is based in our Las Vegas office. He …
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NASBA Field of Study:
Specialized Knowledge and Applications
NY Category of CLE credit:
Law Practice Management
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About Goodwin Procter LLP
Goodwin Procter is one of the nation's leading law firms providing corporate law and litigation services. The firm's Gaming, Gambling & Sweepstakes Practice represents clients seeking to establish or grow their presence in online gaming and fantasy sports, land-based casinos and state lotteries, as well as those seeking to promote their products and services through sweepstakes,contests,games and raffles. Website: www.goodwinprocter.com
About Hinckley Allen
Hinckley Allen is a multiservice law firm with offices in Albany, Boston, Concord, Hartford, New York City and Providence. With attorneys across multiple disciplines, Hinckley Allen offers a full range of legal services and pragmatic business advice. Hinckley Allen has been providing results-driven legal advice to regional, national and international clients for over 100 years. Many of its practice areas have been recognized for excellence, and they include Construction, Corporate, Gaming, Real Estate, and Trusts & Estates. Hinckley Allen's dedication to providing practical, cost-efficient and timely advice, based on an in depth-knowledge of each client, has resulted in many of its attorneys being recognized by Chambers USA, Best Lawyers in America and other leading industry rankings.
About Lewis Brisbois Bisgaard & Smith LLP
Established in 1979, Lewis Brisbois Bisgaard & Smith LLP is a national, full-service law firm with more than 900 attorneys and 31 offices, in 17 states and the District of Columbia. The firm’s national practice is sophisticated, multi-faceted and well-versed in current legal trends, while its individual state practices provide vast resources and knowledge of procedural and legal nuances.
Lewis Brisbois offers legal practice in more than 30 specialties, and a multitude of sub-specialties associated with each practice area. The firm’s attorneys have broad knowledge, expertise, and sensitivity to their clients’ unique needs. Through interaction among its practice groups, Lewis Brisbois provides a wide range of legal services to each client with a continuity of representation over multiple disciplines. The firm has built longstanding relationships with corporate and institutional clients based on its ability to provide comprehensive service on a national scale.