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Rift Widens Over States’ Role In Sports Betting

Kate Lowenhar-Fisher (Member, Las Vegas) is quoted in the article “Rift Widens Over States’ Role In Sports Betting” published by Law360.  “It is pretty obvious why the leagues would rather lobby the federal government for a single piece of legislation than state governments for 50 pieces of potentially inconsistent legislation,” said Kate. “There are certain states that likely will continue to reject legal gambling within their borders. That’s the point. The feds should have no real place in the sports betting discussion aside from aiding states in the enforcement of their own laws to the extent sports betting activity affects interstate  commerce.”    “Gambling has always been the purview of the states, and a ‘federal framework’ sounds like an unconstitutional nightmare,” Lowenhar-Fisher said. “If PASPA gets struck down, then the feds should amend or repeal the Federal Wire Act and get out of the way.”   Ms. Lowenhar-Fisher (Member, Las Vegas) is a leading Nevada gaming attorney who counsels many of the world’s premier gaming companies on regulatory issues in connection with mergers and acquisitions, corporate restructuring, reorganizations and financings.  She has extensive experience advising clients on issues related to Internet gaming, social gaming, fantasy sports, liquor licensing, nightclubs, restaurants, sweepstakes, contests, and promotions. She regularly represents individuals and businesses before regulatory agencies, including the Nevada State Gaming Control Board, the Nevada Gaming Commission, the Clark County Liquor and...

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Nevada 2017 Legislative Update: Gaming Law

Jennifer Gaynor (Member, Las Vegas), Greg Gemignani (Member, Las Vegas), Kate Lowenhar-Fisher (Member, Las Vegas),and Jeff Silver (Of Counsel, Las Vegas), were featured on the cover of the Clark County Bar Association Communique, (September – 2017 edition). The article is titled, “Nevada 2017 Legislative Update: Gaming Law” and discusses how in 2017, Nevada’s lawmakers addressed gaming industry issues, including the confidentiality of information submitted to Nevada gaming regulators, the boundaries of gaming enterprise districts (“GEDs”) in the City of Las Vegas, and pari-mutuel wagers for e-sports events.  Jennifer Gaynor, Greg Gemignani, and Kate Lowenhar-Fisher are Members in Dickinson Wright’s Las Vegas office, and Jeff Silver is Of Counsel in the Las Vegas office. Jennifer Gaynor can be reached at 702-550-4462 or Jeff Silver can be reached at 702-550-4482 or

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By: Jennifer Gaynor, Greg Gemignani, Jeff Silver, and Kate Lowenhar-Fisher  On August 24, 2017, the Nevada Gaming Commission (“Commission”) engaged in a “Policy Discussion” regarding “Marijuana and the Gaming Industry.” Spurred by what has become a flood of questions from gaming licensees regarding their responsibilities in the recreational marijuana era in Nevada, the Commission hoped to provide some clarity and guidance for gaming licensees regarding the issues of third-party events and business associations.  Commission Chairman Alamo made clear at the outset that this was not a forum in which the Commission would be rule-making, but that it would just be a discussion of current law, as it applies to certain issues that have been raised by licensees.  Before delving into specific issues, however, Chairman Alamo also made a general statement about his view as to what the Commission’s policy regarding marijuana should be, which is that: “On one hand you have the gaming industry and on the other hand you have the marijuana industry and the two shall not meet” because marijuana is still a Schedule 1 drug under federal law and licensees must comply with federal laws. He pointed to Nevada Gaming Commission Regulation 5.011 –which provides grounds for disciplinary action for licensees, including the broad category of actions that “would reflect or tend to reflect discredit upon the State of Nevada or the gaming industry.”  A survey...

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Nevada oddsmakers cheer top-court review of N.J. sports betting case

Greg Gemignani (Member, Las Vegas) was quoted in the Las Vegas Sunarticle on “Nevada oddsmakers cheer top-court review of N.J. sportsbetting case“.   The article focuses on the U.S. Supreme Court’s decision to hear a case against a law preventing legalizing sports gambling in New Jersey. The Professional and Amateur Sports Protection Act prohibited sports betting across the country, except in Nevada, Montana, and Delaware. The Supreme Court decided to hear New Jersey’s challenge to a 3rd U.S. Circuit Court of Appeals decision that used the protection act as justification to kill a sports betting law Gov. Chris Christie approved in 2014.  “If it falls, you’ll have two lobbying groups,” Greg said. “One will be people from the gaming side who say we should be able to take wagers on sports. And then we will have the flip side, led by the NCAA and I think the NFL, the only pro league adamantly opposed to sports wagering.” Greg Gemignani’s practice focuses primarily on intellectual property law, gaming law, technology law, internet law, online gaming law, and online promotions law. He has represented many clients ranging from the largest casino companies to start-up internet ventures. Greg may be reached in the Las Vegas office...

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DraftKings, FanDuel Face Test of Their Business as They Go It Alone

Greg Gemignani (Member, Las Vegas) was recently quoted in the Wall Street Journal article “DraftKings, FanDuel Face Test of Their Business as They Go It Alone.” One big unknown of the industry is how would daily fantasy sports fare if sports betting becomes more widely legal in the U.S. The U.S. Supreme Court recently agreed to hear a case that challenges a federal ban on sports betting in much of the country. Greg told the Wall Street Journal that he doesn’t see how daily fantasy could compete in a world where “you can bet on sports directly instead of having to use this somewhat clunky process.”   Greg Gemignani’s practice focuses primarily on intellectual property law, gaming law, technology law, internet law, online gaming law, and online promotions law. He has represented many clients ranging from the largest casino companies to start-up internet ventures. He may be reached in our Las Vegas, Nevada, office at...

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The Gaming and Hospitality Practice blog is published by Dickinson Wright PLLC to inform the public of important developments within the firm and practice areas. The content is informational only and does not constitute legal or professional advice. We encourage you to consult a Dickinson Wright attorney if you have specific questions or concerns relating to any of the topics covered in this blog.