Blog Articles

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 …

Continue reading "New Mexico Legislature Passes Senate Joint Resolution 1"

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 …

Continue reading "DOJ Extends Deadline for Implementation of Wire Act Reinterpretation"

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 …

Continue reading "Nevada Touts in Less of a Bout"

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 …

Continue reading "New Hampshire Becomes First State to Sue DOJ Over New Interpretation of the Wire Act"

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 …

Continue reading "DOJ’s Reinterpretation of the Wire Act Draws Swift Lottery and State Opposition"

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 …

Continue reading "Office of Legal Counsel Reinterprets the Wire Act"

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 …

Continue reading "Potential Reinterpretation of the Wire Act"

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 …

Continue reading "New Mexico Public Regulation Commission Approves PNM Joining Western Energy Imbalance Market"

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 …

Continue reading "Nevada Touts in a Bout"

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 …

Continue reading "Adventurer Strives to Break World Record in Upcoming Trek to South Pole"

On November 9, 2018, in Arista Networks, Inc. v. Cisco Systems, Inc., the Federal Circuit held that assignor estoppel does not apply in inter partes review (IPR) proceedings. In this case, a former employee of Cisco Systems, Inc. (“Cisco”), who had assigned his invention as patented (U.S. Patent No. 7,340,597 – “the ‘597 patent”) to Cisco, …

Continue reading "Federal Circuit Decision: Assignor Estoppel Has No Place in IPR Proceedings"

On November 5, the 10th Circuit Court of Appeals decided an appeal of the U.S. Army Corps of Engineers approval of a project to store more water in Colorado’s Chatfield Reservoir. The Audubon Society had challenged the Corps’ decision under the National Environmental Policy Act and the Clean Water Act, arguing that the Corps decision …

Continue reading "10th Circuit Upholds Army Corps Approval of Colorado Water Storage Project"

KEY FEDERAL RACES At the federal level, 10 of 11 seats in Arizona’s Congressional delegation saw election races. The 2018 election shaped up to be a groundbreaking year for Arizona politics as hard-fought races caught the attention of the entire nation. U.S. Senate: With Senator Flake’s announcement to not seek re-election, a contentious election bid formed …

Continue reading "Recap and Commentary for Arizona’s 2018 Mid-Term Elections"

The results of the  2018 general election are in the books for 318 contested races. A total of 2,578,358 Colorado voters returned ballots (813,079 Republicans, 848,493 Democrats and 877,066 Unaffiliated). We want to take a moment to give you a brief update on where things stand now, and what it will mean for the state …

Continue reading "Colorado 2018 General Election Recap"

The results of the  2018 general election are in the books for 318 contested races. A total of 2,578,358 Colorado voters returned ballots (813,079 Republicans, 848,493 Democrats and 877,066 Unaffiliated). We want to take a moment to give you a brief update on where things stand now, and what it will mean for the state …

Continue reading "Colorado 2018 General Election Recap"

The results of the  2018 general election are in the books for 318 contested races. A total of 2,578,358 Colorado voters returned ballots (813,079 Republicans, 848,493 Democrats and 877,066 Unaffiliated). We want to take a moment to give you a brief update on where things stand now, and what it will mean for the state …

Continue reading "Colorado 2018 General Election Recap"

In 2017, voters in Denver approved the so-called “Green Roofs” initiative, which called for buildings over 25,000 ft. sq. to dedicate a certain portion (between 20% and 60% depending on building size) of the rooftop to green space. However, just yesterday the Denver City Council unanimously voted to repeal and replace the green roof requirement …

Continue reading "“Not-So-Green-Roofs” in Denver"

There’s a new “buzz” in the solar energy industry and it has nothing to do with declining solar energy prices, the efficiency of solar panels, or tax credits.  The “buzz” is about bees and other pollinators.  A report from Argonne National Laboratory earlier this year highlighted the potentially beneficial relationship between utility-scale solar energy (“USSE”) facilities …

Continue reading "The Buzz About Utility Scale Solar"

Pohl v. MH Sub I, LLC d/b/a Officite (N.D.Fla., June 20, 2018) U.S. District Judge Mark Walker of the Northern District of Florida determined that no reasonable jury could find that a plaintiff-dentist’s before-and-after photos of his patient’s teeth are sufficiently creative or original to warrant copyright protection. On summary judgment, the court acknowledged that …

Continue reading "Are Photographs of Utilitarian Objects Copyrightable?"

Online event ticket sales have been a common topic of complaints filed with the Federal Trade Commission so much so that the Commission has announced it will hold a public workshop on March 27, 2019.  The Release states, “Issues that frequently arise in connection with online event ticket sales include practices that prevent consumers from …

Continue reading "Federal Trade Commission Workshop on Online Event Ticket Sales"

HQ Trivia has taken the country by storm. HQ Trivia is an app and trivia game, released in  August 2017 on iOS and later for Android in December 2017. The app has seen viral success by successfully turning Jeopardy! into a live smartphone game show. Now, HQ is coming out with a new show format: HQ Words, …

Continue reading "Social Trivia Offerings Go Viral Amplifying the Importance of Compliance"

On October 2, 2018, the Federal Communications Commission released Public Notice DA-18-1009 announcing the launch of the National Lifeline Eligibility Verifier in Six States:   Colorado, Mississippi, Montana, New Mexico, Utah and Wyoming.   Starting on November 2, 2018, Eligible Telecommunications Carriers (ETCs) in these six states will be required to use the National Verifier System to …

Continue reading "FCC Announces Launch of National Lifeline Eligibility Verifier"

An open letter signed by 16 international gambling regulators, which includes the Washington State Gambling Commission, stated they are “increasingly concerned with the risks being posed by the blurring of lines between gambling and other forms of digital entertainment.” The regulators intend to analyze characteristics of social gaming and video games and, in the letter, …

Continue reading "Social Gaming Scrutiny by Global Gaming Regulators"

Governor Brown just signed a renewable energy initiative passed by the California legislature and known as SB100 that sets a goal of phasing out fossil fuels from the state’s energy portfolio by 2045.  That initiative requires California’s utilities to utilize specific renewable resources to generate 60 percent of their portfolio by 2030, 10 percent higher …

Continue reading "Governor Brown Signs Renewable Energy Initiative SB100"

On September 5, 2018, by a 4-0 vote, the New Mexico Public Regulation Commission denied SunZia’s proposed $2 billion high-voltage transmission project through seven counties in southern New Mexico.  The Commission relied heavily on the hearing examiner’s recommended decision which found that the location and route for the transmission line lacked sufficient specificity and did …

Continue reading "New Mexico Public Regulation Commission Denies SunZia’s Proposed $2 Billion High-voltage Transmission Project"

In 1978, the Public Utility Regulatory Policies Act (PURPA) was signed into law with the overall goals of promoting energy conservation and encouraging the development of domestic renewable energy resources.  Among other mechanisms, PURPA sought to accomplish these goals through the recognition of a new class of generating facilities – Qualifying Facilities (QF).  In general, …

Continue reading "Is Colorado the Next Front in the PURPA Wars?"

Interesting story regarding Apple’s crackdown on gambling-related apps: Click here to read the story. As noted in the article, the ban appears to be, at least initially, a result of Norway requesting that Apple ban all gambling apps from its app store in that country. If you have questions regarding this or need legal assistance in …

Continue reading "Apple Takes Tougher Stance on Gambling Apps"

Months after the momentous U.S. Supreme Court decision permitting states to regulate sports betting, and the subsequent introduction of sports betting in several states (including DraftKings’ launch of the first mobile sports betting app in New Jersey) the focus now shifts to if and how U.S. credit card issuers will help fund such activities. Currently, …

Continue reading "U.S. Credit Cards Hedging on Sports Betting"