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New Mexico Legislature Passes Senate Joint Resolution 1

Energy & Natural Resources
03/18/2019 - By: Jeffrey Albright

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 …

DOJ Extends Deadline for Implementation of Wire Act Reinterpretation

Commercial Gaming
03/04/2019 - By: Glenn Light, Karl Rutledge, Mary Tran

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 …

Nevada Touts in Less of a Bout

Commercial Gaming
02/25/2019 - By: Glenn Light, Karl Rutledge, Mary Tran

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 …

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

Commercial Gaming
02/19/2019 - By: Glenn Light, Karl Rutledge, Mary Tran

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 …

Arizona Lawmakers Debate Legal Sports Betting

Commercial Gaming
02/14/2019

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.

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

Commercial Gaming
02/07/2019 - By: Glenn Light, Karl Rutledge, Mary Tran

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 …

Office of Legal Counsel Reinterprets the Wire Act

Commercial Gaming
01/23/2019 - By: Karl Rutledge

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 …

Potential DOJ reversal of the 2011 Wire Act Opinion

Commercial Gaming
01/15/2019 - By: Glenn Light, Karl Rutledge, Mary Tran

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  

Potential Reinterpretation of the Wire Act

Commercial Gaming
12/24/2018 - By: Glenn Light, Karl Rutledge, Mary Tran

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 …

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

Energy & Natural Resources
12/20/2018 - By: Jeffrey Albright

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 …

Nevada Touts in a Bout

Commercial Gaming
11/30/2018 - By: Glenn Light, Karl Rutledge, Mary Tran

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 …

Adventurer Strives to Break World Record in Upcoming Trek to South Pole

Sports & Outdoor Recreation
11/27/2018 - By: Douglas Tumminello

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 …

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

Intellectual Property
11/26/2018 - By: Constantine "Gus" Marantidis

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, …

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

Energy & Natural Resources
11/16/2018 - By: Dietrich Hoefner

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 …

Recap and Commentary for Arizona's 2018 Mid-Term Elections

Energy & Natural Resources
11/16/2018 - By: Gregory Harris, Steven Moortel

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 …

Colorado 2018 General Election Recap

Energy & Natural Resources
11/15/2018 - By: Dieter Raemdonck

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 …

Colorado 2018 General Election Recap

Sports & Outdoor Recreation
11/15/2018 - By: Dieter Raemdonck

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 …

Colorado 2018 General Election Recap

Commercial Gaming
11/15/2018 - By: Dieter Raemdonck

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 …

“Not-So-Green-Roofs” in Denver

Energy & Natural Resources
10/30/2018 - By: Dieter Raemdonck

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 …

The Buzz About Utility Scale Solar

Energy & Natural Resources
10/15/2018 - By: Thomas Dougherty

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 …

Are Photographs of Utilitarian Objects Copyrightable?

Intellectual Property
10/08/2018 - By: John Carson

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 …

Category: Copyright

Federal Trade Commission Workshop on Online Event Ticket Sales

Commercial Gaming
10/08/2018 - By: Glenn Light, Karl Rutledge, Mary Tran

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 …

Social Trivia Offerings Go Viral Amplifying the Importance of Compliance

Commercial Gaming
10/08/2018 - By: Glenn Light, Karl Rutledge, Mary Tran

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, …

FCC Announces Launch of National Lifeline Eligibility Verifier

Energy & Natural Resources
10/05/2018 - By: Jeffrey Albright

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 …

Social Gaming Scrutiny by Global Gaming Regulators

Commercial Gaming
10/05/2018 - By: Karl Rutledge

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, …

Governor Brown Signs Renewable Energy Initiative SB100

Energy & Natural Resources
09/10/2018 - By: Stanley Lutz

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 …

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

Energy & Natural Resources
09/06/2018 - By: Jeffrey Albright

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 …

Is Colorado the Next Front in the PURPA Wars?

Energy & Natural Resources
09/04/2018 - By: Thomas Dougherty

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, …

Apple Takes Tougher Stance on Gambling Apps

Commercial Gaming
08/14/2018 - By: Karl Rutledge

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 …

U.S. Credit Cards Hedging on Sports Betting

Commercial Gaming
08/10/2018 - By: Glenn Light, Karl Rutledge, Mary Tran

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, …