Category Archive: US

US: patents in iGaming

Paul Taufer (Partner, DLA Piper, Philadelphia) and Stacy Rush (Technical Adviser, DLA Piper, Philadelphia) have published an article in iGaming Business (July/August 2015 edition), looking at the issues arising as European iGaming suppliers step into the patent-rich US market.

Read the article – Playing the patents game.

U.S.: United States Supreme Court Stops Sports Betting in NJ

Despite New Jersey’s long and hard fought battle to legalize sports betting within the Garden State, the United States Supreme Court decided not to hear New Jersey’s appeal of the lower, appellate court ruling that stayed the federal ban on sport betting. As a result of the Supreme Court’s decision, only Nevada will maintain the authority to offer plenary sports betting to its patrons within the State of Nevada, with Oregon and Delaware having the right to offer limited forms of sports betting.

US: FinCEN further clarifies application of money transmission rules to virtual currency

The Financial Crimes Enforcement Network (a branch of the US Treasury) has published two administrative rulings, providing additional information on whether a person’s conduct related to convertible virtual currency brings them within the Bank Secrecy Act’s (BSA) definition of a money transmitter.

FinCEN confirmed that:

– to the extent a user creates or “mines” a convertible virtual currency solely for a user’s own purposes, the user is not a money transmitter under the BSA; and

– that a company purchasing and selling convertible virtual currency as an investment exclusively for the company’s benefit is not a money transmitter.

The rulings further interpret FinCEN’s March 18, 2013 Guidance to address these business models.

Read the announcement here.

U.S.: Draft legislation aimed at prohibiting internet gambling

By Timothy J. Lowry and Joanna Sykes-Saavedra

Over the weekend, a draft of the “Internet Gambling Control Act” surfaced on the internet.  This proposed legislation, attributed by industry websites to the Coalition to Stop Internet Gambling, seeks to expand the scope of The Wire Act (18 USC § 1084) to affirmatively prohibit Internet gambling.  Speculation is that Mr. Sheldon Adelson, the international casino magnate and Chairman / CEO of Las Vegas Sands, is backing the Coalition. Read the rest of this entry »

New Jersey: Green light for state-wide online gambling

On 26 November, online gambling was officially given the green light in the state of New Jersey, in what has been a highly anticipated liberalisation of their gambling market.  Pundits and stakeholders alike will be eager follow the experiment as a test-case, as New Jersey is the most populous state to legalise online gambling, as well as the first state to allow a variety of casino games, rather than a poker-only offering. New Jersey’s state government anticipates (possibly quite overstated) that the liberalisation will equate to a USD $1 billion in revenue for state casinos in the first year; netting USD $150 million in tax for the coffers of the state.  Read the rest of this entry »

EiG, we were there!

As every year, the DLA Piper global gambling team attended the European iGaming Expo EiG in Barcelona. The team was very well represented by Hilary Stewart-Jones, Steve Ketteley (pictured in his normal office suit!) and Ashley Averill (the very happy guy in the picture) from the UK, myself Giulio Coraggio (the guy with closed eyes in the picture) from Italy, Albert Agustinoy (also pictured, our host and also the best restaurant guide of Barcelona) from Spain, Antoon Dierick from Belgium, Patrick Schwarzbart from Germany and Tim Lowry from the United States. Read the rest of this entry »

All-In@EiG

To coincide with the 12th European iGaming Congress and Expo, the DLA Piper Gaming Team has once again collaborated to provide you with updates and analysis of topical legal and regulatory issues across the globe.

This year’s publication includes articles from Belgium, Czech Republic, Germany, Italy, Spain, the UK and the U.S..

Please click here to read the e-magazine or click here to view the PDF

U.S.: Foreign gamblers now to receive equal tax treatment

On Tuesday, July 9, the United States Court of Appeals for the District of Columbia Circuit handed down a ruling that interprets Section 871 of the Tax Code in a manner more favorable to foreign gamblers. Read the rest of this entry »

U.S.: Patents – you have to play to win

US consumers spend billions of dollars gaming online every year. In five years, the projected spend is between $6 billion and $11 billion annually. With billions in potential additional revenue just a few years away, many companies are turning to US patents to slant the odds of higher profits their way, write DLA Piper’s Paul Taufer, Claire Bennett and Michael Burns.

The full article published in iGaming Business can be read here.

U.S.: Federal online gambling legislation issued in US Congress

Draft legislation was published in the US Congress on 6 June, seeking to introduce a federal system for the regulation of all online gambling (apart from sports). It was introduced by Republican Congressman Peter King and is called the “Internet Gambling Regulation, Consumer Protection, and Enforcement Act 2013”. Read the rest of this entry »

USA: New Jersey moves closer to iGaming launch

On Friday, May 17, New Jersey’s Division of Gaming Enforcement (“DGE”) posted its proposed regulations for Internet and mobile gaming just 3 months after Governor Chris Christie’s approval of the enabling legislation. The release of the proposed regulations is welcome news for the industry, after the recent release of April’s gaming revenue reports that show a 12% decline for Atlantic City’s casinos compared to the same four-month period in 2012. Read the rest of this entry »

U.S.: New Jersey gets closer to i-Gaming

On Thursday, February 7, Governor Chris Christie issued a conditional veto on proposed legislation that would legalize internet gaming in New Jersey. Read the rest of this entry »

U.S.: Extending the liability pool unjustly?

On 26 October 2012, District Attorney Cyrus R. Vance Jr. confirmed the indictment of Extension Software, Inc. (“Extension“) and its directors Robert Stuart, Suzanne Stuart and Patrick Read (together, the “Defendants”). Read the rest of this entry »

US: New Jersey – Sports Pool Betting to be legalized?

New Jersey recently amended its State Constitution and revised its legislative scheme to permit certain types of sports wagering at licensed casinos and racetracks. Read the rest of this entry »