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HTMLDaily Fantasy Sports Contests - Illegal Gambling or Not?
Brenner Lackey McDonald; Butler Snow LLP;
Legal Alert/Article
February 4, 2016, previously published on January 21, 2016
Nationwide, the Daily Fantasy Sports (“DFS”) Industry, including heavy hitter players DraftKings and FanDuel, is growing exponentially but not without controversy. The debate is burgeoning - are DraftKings and FanDuel running blatant illegal gambling operations or are the two giants...


HTMLCrowdfunding until You “Make It”
Elizabeth Ann Clippard; Butler Snow LLP;
Legal Alert/Article
February 4, 2016, previously published on January 22, 2016
A major problem for most entertainment artists (“artists”) is funding their work and covering their living expenses while they build a following. Traditional sources of funding can be hard to come by without a large institutional investor or a label prepared to front all of the costs...


HTMLSweeping Advertising Statements Can Be Misleading
Michael Rainer; GRP Rainer LLP;
Legal Alert/Article
January 27, 2016, previously published on January 25, 2016
The Landgericht Berlin (Regional Court of Berlin) ruled on April 14, 2015 that blanket advertising of savings is misleading to consumers (Az.: 103 O 124/14).


HTMLCongress Tackles Concussions
McDonald Hopkins LLC;
Legal Alert/Article
January 20, 2016, previously published on January 8, 2016
On Tuesday, House Energy and Commerce Chairman Fred Upton (R-MI) announced that three of his subcommittees will partner on a comprehensive review of head injuries. The review will bring partners in from the medical community, the military, athletes, and other stakeholders to provide the broadest...


Adobe PDFSay it Ain't So Barry:" A Brief Commentary on United States v. Barry Lamar Bonds
Moses Luski; Shumaker, Loop & Kendrick, LLP;
Legal Alert/Article
January 15, 2016, previously published on Autumn 2015
More so than the other major sports, the sport of baseball has an especially rich lore which covers a wide range from the noble, to the comic and fabulous, with a strong dose of scandal and depravity in between. For a sublime moment, consider for example, Babe Ruth’s called shot in the 1932...


HTMLStill No NCAA Pay for Play-9th Circuit Denies O’Bannon v. NCAA Rehearing En Banc
John Richard Carrigan; Ogletree, Deakins, Nash, Smoak & Stewart, P.C.;
Legal Alert/Article
January 4, 2016, previously published on December 16, 2015
On December 16, 2015, the Ninth Circuit Court of Appeals decided that it would not rehear its earlier decision in a high-profile case on payments that can be made to student-athletes. Nearly three months earlier, a panel of the Ninth Circuit had upheld a lower court’s ruling that the...


HTMLMassachusetts: Officials Grapple with Daily Fantasy Sports
David H. Godenswager, David M. Kall; McDonald Hopkins LLC;
Legal Alert/Article
November 10, 2015, previously published on November 5, 2015
“After experiencing unprecedented popularity and financial success throughout the summer and fall, the daily fantasy sports industry, it could be said, is no longer having its moment in the sun,” opined a Sports Illustrated columnist in a recent article. The author was referring to the...


HTMLNLRB Declines to Exercise Jurisdiction Over College Football Players' Petition
Brian Smith; Heyl, Royster, Voelker & Allen Professional Corporation;
Legal Alert/Article
October 22, 2015, previously published on Fall 2015
College athletics, particularly college football, is a major source of revenue for many colleges and universities. Recently, Northwestern University has been in the spotlight as some of its football players have sought to unionize. In the 2012-2013 academic year, Northwestern University generated...


Adobe PDFDaily Fantasy: Meteoric Rise, Legal Questions, and Unfolding “Scandal”
Lynne Levin Kaufman; Cooper Levenson, P.A.;
Legal Alert/Article
October 22, 2015, previously published on October 6, 2015
Now that we are into the second month of the football season - what is the biggest story of the season? Well, if you have a television, computer, or smart phone, you know that the answer is DAILY FANTASY. And that was before the “scandal” (to be discussed later) that unfolded just as I...


HTMLCongress Eyes Fantasy Sports Sites
McDonald Hopkins LLC;
Legal Alert/Article
October 22, 2015, previously published on October 9, 2015
Even before a New York Times article that said an employee of the fantasy sports website DraftKings may have engaged in betting with insider information on a rival site - FanDuel - a bet that won him $350,000, the largely unregulated industry was facing scrutiny from some members of Congress. Since...


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