The esports ecosystem experienced transcendental growth in 2020 due at least in part to the Covid-19 pandemic, and is poised to act as a spring board for even further growth this year. With traditional sports largely sidelined last year, stadiums closed to fans, and people starving for personal interaction, gamers and spectators alike have turned to esports in record numbers.  According to Newzoo, a prominent esports analytics company, 22% of the internet population participates in esports, and global gaming revenue is expected to hit $159 billion by the end of 2020.[1] Streamers and streaming platforms have exploded in popularity, allowing streamers to earn income from broadcasting their live gameplay, interact with fans and engage with other players. …
Continue Reading Esports: What We Should Expect in 2021

When participating in an M&A process involving a video game company, whether you are on the sell-side or the buy-side, there are certain key terms that are included in industry standard commercial agreements that the parties need to keep on their radar. Failure to identify these terms early in the due diligence process can create roadblocks for the parties as they near the finish line, whether that be signing the definitive acquisition agreement or closing the transaction.…
Continue Reading Planning for an M&A Transaction: Key commercial terms to look-out for

The streaming landscape has experienced its second major shakeup this year with Huya’s merger with DouYu on October 12, 2020. Huya and DouYu are China’s largest streaming platforms, averaging 169 million and 165 million monthly users respectively, and will combined be worth around $11 Billion USD. The merger positions the new entity as the largest esports platform in China, and makes it the de facto destination for esports eyeballs in the region.…
Continue Reading Huya DouYu Merger is a Sign of Things to Come in Esports M&A

With 6 lawsuits, 32 preliminary injunction actions, and over 20 PTAB proceedings, GREE and Supercell have been duking it out in the IP world, with millions of dollars in legal fees being spent in the process.[1] Most recently, the PTAB denied Supercell’s PTAB challenges to GREE patents in early September, while an Eastern District of Texas lawsuit went to verdict and found in favor of GREE on September 18th, awarding $8.5 million dollars in damages to GREE.[2]…
Continue Reading Clash of Game Companies: Lessons Learned from GREE and Supercell Dispute

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.…
Continue Reading The Rise of Esports Betting

The allegations of gambling issues with games continues. Last week, a class action lawsuit was filed against  Apple relating to games in its App Store that include loot boxes. The complaint alleges that sale of such games are predatory practices enticing consumers, including children, to engage in gambling and similar addictive conduct in violation of California law. The suit alleges that loot boxes are like Vegas-style slot machines and allegedly constitute illegal slot machines when played on an iPhone or similar device.…
Continue Reading Players Sue Apple Over Loot Boxes

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.”…
Continue Reading Is Esports Betting Sports Betting in Iowa?

Musicians and gamers are no strangers to each other; the two industries have been capitalizing on the crossover of their respective fan bases for nearly a decade. Although these collaborative efforts are not news, the utility of virtual and remote fan engagement has been re-contextualized in the wake of the COVID 19 pandemic. As the average musician derives the overwhelming majority of their revenue from live performances, technologies that can simulate these experiences have taken on a new importance virtually overnight.…
Continue Reading The Esports and Gaming Industries Offer Vital Tools to Musicians in the Wake of COVID-19

On Thursday April 30, 2020 U.S. Senators Ted Cruz and Josh Hawley announced their intent to introduce the ” Countering Chinese Attempts at Snooping ” Act,  with the goal of “… Banning U.S. Officials from Using Tencent, … [and] Other Chinese Communist Party-Backed Platforms.” Specifically, the legislation requires that the company that creates the prohibited technology be “domiciled in the People’s Republic of China or subject to influence or control by the Government of the People Republic of China or the Communist Party of the People’s Republic of China” (“China”).  Given Tencent’s investments and involvement in some of the most popular game companies, this may come as a concern to the gamers in congress. But there are two reasons why this legislation may not cut into their gaming sessions.…
Continue Reading Proposed Anti-Spying Legislation May Not Be Cause for Alarm for Gamers in Congress