By Kate Lowenhar-Fisher, Greg Gemignani, Jennifer Gaynor, and Jeff Silver

On October 15, 2015, Chairman A.G. Burnett of the Nevada State Gaming Control Board published an Industry Notice declaring daily fantasy sports (“DFS”) to be gambling under Nevada law. Therefore, only parties who have been issued a license by the Nevada Gaming Commission to operate a sports pool may offer DFS in Nevada. Offering DFS without the proper license is illegal in Nevada, and all unlicensed DFS activities in the state must cease immediately.

Chairman A.G. Burnett also cautioned Nevada licensed sports pools to “exercise discretion in participating in business associations” with unlicensed DFS operators.