Blog Articles

What exactly is an “immoral” or “scandalous” trademark, and should the government be the arbiter of making such a determination? In the second landmark trademark decision in two years, the Supreme Court invalidated the Lanham Act’s prohibition on registering “immoral” or “scandalous” trademarks. Iancu v. Brunetti, 588 U.S. ___ (2019). The Court’s decision expands the …

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Southern District of Texas Remands Obama WOTUS Rule The U.S. District Court for the Southern District of Texas decided on May 28, 2019, that the Obama-era Clean Water Rule defining “waters of the United States” (WOTUS Rule), see 80 Fed. Reg. 37,054 (June 29, 2015), must be remanded to the U.S. Environmental Protection Agency and …

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In light of the New Hampshire Lottery Commission Wire Act ruling issued on June 3, 2019, the Deputy Attorney General for the Department of Justice (“DOJ”) issued a new memorandum on June 12, 2019 extending the June 14, 2019 deadline for implementation of the Wire Act reinterpretation. The last extension we reported was issued on …

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From a business perspective, many factors must be considered when growing a business to multiple locations, and this will vary based on the product or service being provided.

Cybersecurity attorneys Doug DePeppe, Hilary Wells, Bill Nelson and Ed Barkel explore why businesses must start paying attention to their 'Cyber Hygiene' on the latest episode of the Business Leaders Podcast.

On June 3, 2019, U.S. District Court Judge Paul Barbadoro issued a 60-page ruling rejecting the 2018 Wire Act Interpretation that stated the Wire Act applied to all forms of gambling rather than only sports betting. As mentioned in our prior blogs, this case was brought in New Hampshire by the New Hampshire Lottery Commission …

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Language for the “The Protecting Children from Abusive Games Act” was introduced on May 23, 2019 by Senator Josh Hawley (R-Mo.), along with Senators Ed Markey (D-Mass.) and Richard Blumenthal (D-Conn.). This bill purports to ban the exploitation of children through “pay-to-win” and “loot box” monetization practices by the video game industry. The rules would …

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On April 30, 2019, Governor Larry Hogan of Maryland approved House Bill 48 titled “eSports Act.”[1] The eSports Act defines “eSports Competition” as a competition involving video games, including first-person shooters, real-time strategy games, and multi-player online battle arenas in which: (1) players compete against each other; and (2) the dominant element determining the results …

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Josh Hawley, a United States Senator from Missouri, recently announced plans to introduce a bill titled “The Protecting Children from Abusive Games Act.” The bill would, in essence, make it illegal for games “played by minors” to include loot boxes or pay-to-win microtransactions. How exactly the bill would achieve this is unclear as there is …

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New Jersey Attorney General Gurbir S. Grewal filed suit on May 7, 2019 against the U.S. Department of Justice (“DOJ”) for its failure to respond to a Freedom of Information Act (“FOIA”) request filed on February 5, 2019. The request sought documents relating to Sheldon Adelson’s lobbying efforts regarding the recent DOJ interpretation of the …

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Last week the U.S. Department of Justice (DOJ) refused to rule out future prosecution of state lotteries and their employees and vendors under the 1961 Wire Act. “The potential Wire Act liability of state agencies, employees, and vendors involves the evaluation of numerous complicated and important issues, and the department intends to give these issues …

Continue reading "New Hampshire Lottery Commission and NeoPollard Interactive Respond to DOJ’s Refusal to Determine Wire Act Applicability to State Lotteries as Requested by the Court"

The Quinault Indian Nation has filed a lawsuit against Valve Corporation in the State of Washington alleging the popular game developer engages in unregulated and unlicensed online gambling. The complaint, filed on April 3, 2019, claims the introduction of the loot box system in CS:GO “was a deliberate attempt . . . to increase its …

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We are honored to have our Gaming and Licensing practice recognized by Chambers USA 2019, and for Karl Rutledge being recognized in the USA – Nationwide category. We are excited to announce that 25 attorneys and 10 practice areas of our firm, Lewis Roca Rothgerber Christie, have been recognized by Chambers USA 2019, one of the most …

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On April 10, 2019, President Trump signed an executive order that alters how Section 401 review is performed under the Clean Water Act (“CWA”).  Currently, applicants must seek State authorization of a project pursuant to Section 401 of the CWA from the State in which the project is located. Section 401 delegates federal authority to the …

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The United States Department of Justice (DOJ) continues to leave the gaming industry scratching their heads as it now claims the Office of Legal Counsel’s (OLC) November 2018 Opinion did not address the Wire Act’s applicability to state lotteries and their vendors. This assertion came in a memo from Deputy Attorney General Rod Rosenstein, dated …

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Intellectual Property attorney Drew Wilson details the difficulties of ongoing IP conflicts between major brands and somewhat underground edibles manufacturers. The article was originally published in the April edition of Los Angeles Lawyer Magazine. Read the full article by clicking here.

Trademark and IP litigation attorney Michael McCue shares his thoughts on the growth and importance of IP-related legal services in Nevada with Nevada Business Magazine. Read the full article by clicking here.

On March 28, 2019, the Arizona Supreme Court filed a decision in the case, City of Surprise v. Arizona Corp. Comm’n, No. CV-18-0137-SA, that addressed the Arizona Corporation Commission’s jurisdiction in cases in which a public service corporation is being condemned by a municipality. In late 2017, the City of Surprise (“City”) entered into a …

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On March 14, 2019, the New Mexico legislature passed Senate Joint Resolution 1 that, if approved by voters, would change the New Mexico Constitution to require appointed instead of elected Commissioners to the New Mexico Public Regulation Commission.  Under the resolution, commencing in January 1, 2023, the Commission shall consist of three members appointed by …

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We previously reported that, as a result of the 2018 Opinion, Deputy Attorney General Rod Rosenstein issued a memorandum on January 15, 2019 stating that Department of Justice (“DOJ”) attorneys should refrain for ninety (90) days  from pursuing any actions against persons and businesses that relied on the 2011 interpretation in order to allow them …

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As noted in a prior blog,[1] Senate Bill 46 (SB 46)[2] was filed to regulate services that provide advice on wagering in racing or sporting events. SB 46 would require tout service providers and persons involved with the operations to register with the Nevada Gaming Commission (the Commission) and allow the Commission to regulate how …

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As noted in our prior blog post, the Department of Justice’s (“DOJ”) Office of Legal Counsel (“OLC”), in a controversial move, recently released an opinion overturning its 2011 interpretation of the federal Wire Act, 18 U.S.C. § 1084. The DOJ’s reinterpretation states that the Wire Act applies to any form of gambling using wire communications …

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This week tribal gaming and Indian law attorney, Steve Hart was interviewed by KJZZ to discuss the pending SB 1158 bill on sports betting on tribal land in Arizona. To listen to the interview please click here.

As noted in a prior post, on January 15, 2019, the Department of Justice’s (“DOJ”) Office of Legal Counsel (“OLC”) issued an opinion dated November 2, 2018, replacing the OLC’s 2011 interpretation of the federal Wire Act, 18 U.S.C. § 1084. The new interpretation states that the Wire Act is applicable to any form of …

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On January 14, 2019 the Assistant Attorney General Steven Engel of the Department of Justice’s (“DOJ”) Office of Legal Counsel (“OLC”) issued an opinion dated November 2, 2018 (the “2018 Opinion”) replacing the OLC’s 2011 interpretation of the federal Wire Act, 18 U.S.C. § 1084  (the “Wire Act”). The 2018 Opinion states the Wire Act …

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As an update to our prior blog about a potential DOJ reversal of the 2011 Wire Act Opinion, you can read more about the DOJ Opinion made public on Monday here: https://www.cdcgamingreports.com/doj-reverses-2011-opinion-of-the-wire-act-legal-online-gaming-in-question/  Opinion available here: https://www.justice.gov/olc/file/1121531/download For more information contact Gaming attorney, Karl Rutledge at Rutledge@lrrc.com  

It has been reported that the Department of Justice may issue a new opinion on the federal Wire Act within the next week. Ever since the Murphy v. NCAA, et al. Supreme Court decision which rendered the Professional and Amateur Sports Protection Act as unconstitutional, the Wire Act has been under review by many. In …

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On Wednesday, December 19, 2018, the New Mexico Public Regulation Commission in a 5-0 vote approved PNM’s application to join the Western Energy Imbalance Market.  The vote granted PNM’s request for joining the EIM to be treated as a regulatory asset which will allow PNM cost recovery.  Under the operation of CAISO, it is anticipated …

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The United States Supreme Court (the Supreme Court) recently ended a nearly six-year legal battle regarding the constitutionality of the Professional and Amateur Sports Protection Act (PASPA). In Murphy v. National Collegiate Athletic Association, 138 S. Ct. 1461 (2018), the Supreme Court, with Justice Alito authoring the majority opinion, joined by Chief Justice Roberts, and …

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For winter sport enthusiasts and hikers alike, a goal only a few accomplish, involves the will, training and drive to reach the South Pole. This beautiful but strenuous 700-plus mile journey through white-out conditions, limited resources and pulling one’s own weight in supplies to survive, is a feat. This winter, Eric Larsen will try to …

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