Governor Andrew Cuomo signed into law a bill to legalize daily fantasy sports in New York. This is the eighth state to legalize daily fantasy sports, and the seventh to do so this year.  With the start of the NFL season just around the corner, the timing of this development is especially fortuitous, as daily fantasy sports operators who had run contests in New York prior to November of 2015 may receive temporary permits to continue doing so.
Continue Reading New York Legalizes Daily Fantasy Sports

There has been a new development in the ongoing legal battle between New York Attorney General Eric Schneiderman and daily fantasy sports (DFS) operators DraftKings and FanDuel, as the two largest DFS operators agreed earlier this week to stop taking bets in the state of New York. In exchange, the state’s attorney general’s office agreed to wait until the September appeals hearing is held to pursue additional litigation seeking restitution for participants who lost money in contests provided by the two DFS operators. Also as a part of the agreement, both sides agreed to abide by the appellate court’s decision on the legality of the games, foregoing potential appeals.
Continue Reading DraftKings and FanDuel to Suspend Activity in New York, Effective Immediately

The Governor of Virginia signed into law the FANTASY CONTESTS ACT.  As we previously reported, the bill defines “fantasy contest” as any fantasy or simulated game or contest in which: (i) the value of all prizes and awards offered to winning participants is established and made known to the participants in advance of the contest; (ii) all winning outcomes reflect the relative knowledge and skill of the participants and are determined predominantly by accumulated statistical results of the performance of individuals, including athletes in the case of sports events; and (iii) no winning outcome is based on the score, point spread, or any performance of any single actual team or combination of teams or solely on any single performance of an individual athlete or player in any single actual event.
Continue Reading Daily Fantasy Sports is Legalized….At least in Virginia!

In January, Texas Attorney General Ken Paxton issued an opinion that daily fantasy sports (DFS) is likely illegal gambling under Texas state law “[b]ecause the outcome of games in daily fantasy sports leagues depends partially on chance.” On Friday, popular DFS operator DraftKings sued the Texas Attorney General seeking a declaratory judgment that DFS contests are legal under Texas state law.  Earlier that day, FanDuel agreed to stop operating in Texas beginning May 2, 2016.
Continue Reading Daily Fantasy Sports Update – DraftKings Sues Texas AG; Activity in GA and IN

Virginia’s House and Senate have both passed a bill (SB 646) that would legalize, but regulate, fantasy sports in Virginia. All that is needed is for Governor McAuliffe to sign it into law.  If passed, the law would create the Fantasy Contests Act, which applies to fantasy contests with an entry fee offered in Virginia.
Continue Reading Virginia Passage of Fantasy Sports Law Appears Imminent; PA, NY and MD Bills in the Works