During the first few months of the COVID-19 lockdown, with virtually all major sporting events cancelled, sports betting and gambling companies turned their eyes toward the esports universe in search of a solution. While initially large scale esports events were also cancelled, professional gaming competitions soon began taking place online. As one of the only professional “sports” competitions being broadcasted with any consistency, esports competitions filled the gap for many sportsbook operators.
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Fantasy Sports
Is Esports Betting Sports Betting in Iowa?
Iowa enacted a sports betting law last May. Section 99E addressed fantasy sports contests and Section 99F addressed sports betting.
Under Section 99E: a “Fantasy sports contest” includes any fantasy or simulated game or contest …” and 99E.2 states: “The system of entering an internet fantasy sports contest as provided by this chapter is legal when conducted by a licensed internet fantasy sports contest service provider as provided in this chapter.”
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Daily Fantasy Sports Case Skillfully Comes to a Head
In a controversial decision, the Illinois Supreme Court determined that a head-to-head, daily fantasy sports (DFS) contest was predominately skill based and thus not gambling. Despite agreeing with the appellate court’s conclusion that the DFS contest at issue was not gambling, the Court disagreed with much of the appellate court’s reasoning.
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DraftKings and FanDuel Call Off Merger Following FTC Intervention
On July 13, 2017, daily fantasy sports providers DraftKings and FanDuel announced their decision to call off their proposed merger. Last month, the United States District Court for the District of Columbia issued a temporary restraining order, blocking the proposed merger until a decision can be reached regarding the complaint filed by the Federal Trade Commission (FTC). The FTC’s complaint alleges that the merger would create a monopoly in the market for paid daily fantasy sports contests in violation of Section 7 of the Clayton Act.
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U.S. Supreme Court Set to Address Sports Betting
On June 27, 2017, the United States Supreme Court agreed to hear a challenge to a law that prohibits individual states from permitting gambling based on professional or amateur sports. The Professional and Amateur Sports Protection Act of 1992 (PASPA)—the federal law being challenged—effectively outlaws sports betting nationwide minus exemptions for a few states, including Nevada.
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Vermont Becomes Second State to Legalize Daily Fantasy Sports in 2017
On Thursday, June 8th, Vermont Governor Phil Scott signed into a law a bill that legalizes and regulates the operation of paid-entry fantasy sports contests within the state. Vermont is at least the eleventh state to pass a bill legalizing some form of fantasy sports and the second state to do so in 2017.
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Horseracing-based Fantasy Sports Game Found Illegal
In a follow up to a lawsuit we previously reported on, a California District Court ruled on summary judgment that a horseracing-based fantasy sports game constitutes illegal wagering. Specifically, the court found: the entry fees paid in contests offered by Defendant on its Derby Wars website are wagers under the Interstate Horseracing Act of 1978; Defendant is operating an offtrack betting system as defined in Section 3002(7) of the IHA; and the IHA can serve as a predicate for a California Business and Professions Code Section 17200 claim.
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Fantasy Stock Picking Contest Deemed by SEC to be Illegal Security-based Swaps
The SEC shut down a “fantasy” stock picking game for allegedly violating securities laws. Forcerank LLC ran contests via mobile phone games where players paid a fee and predicted the order in which 10 securities would perform relative to each other. In each week-long game, players won points based on the accuracy of their prediction, and players with the most aggregate points received cash prizes at the end of the competition.
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New Challenge to Daily Fantasy Sports in New York
A group of New York citizens backed by the anti-gambling group Stop Predatory Gambling has filed a lawsuit against New York Governor Andrew Cuomo challenging the constitutionality of the bill that legalized daily fantasy sports in the state. The lawsuit contends that the law violates the Constitution of the State of New York because a constitutional amendment is needed to legalize a new form of gambling. This is the latest development in the ongoing legal battle over daily fantasy sports in New York.
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New York Issues DFS Permits
Just days after a New York State’s Daily Fantasy Sports law was passed, the New York Gaming Commission announced it has issued temporary permits to 5 DFS operators. The companies are DraftKings, FanDuel, Yahoo, Fantasy Draft and Draft.
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Massachusetts Becomes Ninth State to Legalize Daily Fantasy Sports
Massachusetts Governor Charlie Baker has signed into law a bill to legalize daily fantasy sports in the Commonwealth. Massachusetts is the ninth state to legalize daily fantasy sports, and the eighth to do so this year. The legalization of daily fantasy sports, or “fantasy contests,” was included in a larger bill—H. 4569—related generally to job creation and workforce development.
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