Blog Articles

Recent Blog Articles

eSports Competitions Legislation Approved in Maryland

Commercial Gaming
05/14/2019 - By: Glenn Light, Karl Rutledge, Mary Tran

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 …

Proposed Loot Boxes & Microtransactions Gaming Bill in Missouri

Commercial Gaming
05/13/2019 - By: Glenn Light, Karl Rutledge, Mary Tran

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 …

NJ Attorney General Sues DOJ For Failure To Respond To FOIA Request Regarding The Recent Wire Act Interpretation

Commercial Gaming
05/08/2019 - By: Glenn Light, Karl Rutledge, Mary Tran

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 …

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

Commercial Gaming
05/03/2019 - By: Glenn Light, Karl Rutledge, Mary Tran

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 …

The Future of Loot Boxes in the State of Washington May Lie within its Courts

Commercial Gaming
04/29/2019 - By: Glenn Light, Karl Rutledge, Mary Tran

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 …

Lewis Roca Rothgerber Christie Gaming Practice named to Chambers USA 2019

Commercial Gaming
04/25/2019 - By: Karl Rutledge

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 …

Executive Order Will Impact Clean Water Act Permitting Process

Energy & Natural Resources
04/18/2019 - By: Carla Consoli

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 …

U.S. DOJ Claims Reinterpretation of Wire Act Did Not Address State Lotteries and Its Vendors

Commercial Gaming
04/12/2019 - By: Glenn Light, Karl Rutledge, Mary Tran

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 …

Cap’n Crunch vs. Kap’n Kronik

Intellectual Property
04/08/2019 - By: Drew Wilson

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.

Protecting Your Intellectual Property – Law Practices Booming

Intellectual Property
04/01/2019 - By: Michael McCue

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.

Arizona Supreme Court Clarifies Jurisdiction of Arizona Corporation Commission

Energy & Natural Resources
03/29/2019 - By: Stanley Lutz

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 …

New Mexico Legislature Passes Senate Joint Resolution 1

Energy & Natural Resources
03/18/2019

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

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

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

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

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

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 …