Sports Wagering and Expanded Gaming Headed to Florida

On April 23, 2021, Florida Governor Ron DeSantis signed a thirty-year gaming compact with the Seminole Tribe of Florida (the “Tribe”) that is intended to bring sports wagering, craps, and roulette to the Sunshine State.  The compact, which the Governor’s office hailed as, “Larger and more expansive than any other gaming compact in U.S. history,” is projected to bring Florida over six billion dollars in revenue over the next decade.

The compact will permit the Tribe to offer sports wagering directly at its seven casinos and through a mobile platform.  Moreover, the Tribe may also offer branded sports wagering through the kiosks or mobile applications of partnering Qualified Pari-mutuel Permit Holders, which include horse tracks, jai-alai frontons, former dog tracks, cardrooms, and slot machine facilities.  Further, the compact permits Qualified Pari-mutuel Permit Holders to relocate, although the Tribe must approve certain moves.  However, by requiring that all sports wagering servers be on tribal land, all retail and mobile wagering will be deemed to be conducted by the Tribe at tribal facilities.

Continue reading “Sports Wagering and Expanded Gaming Headed to Florida”

Maryland Legislature Passes Sports Wagering Bill with Expansive Licensing Opportunities and Targeted Support for Women and Minorities

The number of sports wagering licenses in Maryland may ultimately reach the triple digits after  House Bill 940 was overwhelmingly approved by both chambers of the legislature on the last day of the state’s 2021 legislative session.  Surrounded by four states and the District of Columbia, which all offer live wagering, the legislature continued its game of catchup by passing the bill as an emergency bill, which will allow it to take immediate effect upon the signature of Governor Larry Hogan.  With a House vote of 122-16 and a Senate vote of 47-0, the expansive legislation creates opportunities for land-based licenses at in-state casinos, racetracks, professional sports stadiums, State Fairgrounds, simulcast betting facilities, bars, and restaurants and also for mobile licenses. Continue reading “Maryland Legislature Passes Sports Wagering Bill with Expansive Licensing Opportunities and Targeted Support for Women and Minorities”

New York Mobile Sports Betting Approved in Fiscal Year 2022 State Budget

New York Governor Cuomo and state legislative leaders have reached a tentative agreement on the Fiscal Year 2022 New York State budget paving a way for mobile sports betting in the Empire State.  here is a link to the Senate Bill 2509  .  The General Assembly must now vote to accept the budget and additional changes may be forthcoming.

In summary, the New York State Gaming Commission plans to issue a Request  or Proposal (“RFP”) by July 1, 2021, to select up to two providers to offer mobile sports wagering.  According to the April 6, 2021 revised Budget Bill, a “platform provider” is defined as “an entity selected by the [New York State Gaming Commission] to conduct mobile sports wagering pursuant to a competitive bidding process.”  The operators selected during in the RFP process would then be able to subcontract mobile betting contracts, also known as “skins”, to other providers.  The operators submitting proposals are required to house their mobile sports wagering platform provider server and other equipment with a licensed casino facility.  Based on existing publicly reported agreements and/or affiliations with upstate casinos,  FanDuel,  DraftKings, Bet365, and BetRivers may have such agreements in place.  However, as noted in the “platform provider” definition, any operator that has an agreement with an upstate casino is eligible, and therefore, already existing sportsbooks are not the only potential applicants.

The selected operators must offer at least four skins combined, but according to New York State Senator Joseph Addabo Jr. and chair of the State Assembly Racing and Wagering Committee, J. Gary Pretlow, there is no ceiling on the amount of skins available, but instead, what the “market can bear.”  The selected providers will pay a $25 million licensing fee and pursuant to a revenue-sharing agreement between New York and selected providers, New York is estimated to receive a minimum of 50% of gross gaming revenues.  Finally, the New York State Gaming Commission may select more providers if it determines additional licenses “are in the best interest of the state.”

Key Components

  • Two platform providers will be selected through a RFP process
  • “Platform Provider” is broadly defined in the law
  • The New York State Gaming Commission must issue a RFP no later than July 1, with a 30 day application window following the RFP
  • The New York State Gaming Commission has 150 days after the final application is received to select the providers
  • $25 million one-time licensing fee for each selected platform provider
  • Applicant must include its proposed skins in the application
  • Selected providers must combine for a minimum of four total skins
  • New York to receive a minimum of 50% of gross gaming revenue from the selected providers
  • Providers must have server located in land-based casino and will pay $5 million annually to the land-based casino to house the server, unless the provider is already affiliated with a land-based casino
  • No mandate on official league data, but there will be a preference for use of such data in the bidding process

Tribes, Racetracks, and OTBs Left Out of the Deal

Indian tribes located in New York were effectively left out of the bill besides a provision that rewards applicants additional points in the RFP selection process if they have a revenue sharing agreement with an Indian gaming operator.  The Onedia Indian Nation released a statement following the release of the agreement noting the mobile sports legislation would result in a breach of its ten-county gaming exclusivity zone and threatened to withhold $70 million in annual revenue sharing to the state as a result.  In addition, racetracks and off-track betting (“OTB”) locations were not included in the agreement, although previously proposed legislation would have allowed these operators to offer mobile betting.

If you have any questions about this please contact Frank A. DiGiacomo, Adam BergerJoseph F. Caputi, or any of the attorneys in our Gaming Industry Group.

Massachusetts Sports Wagering Bill Expected to Be Approved by July

From the spate of competing sports betting bills filed since 2019, House Bill 4559 has emerged as the frontrunner and is poised for passage. On March 12, 2020, the Joint Committee on Economic Development and Emerging Technologies submitted H.4559, as amended, to the House Ways and Means Committee with its recommendation for approval. Massachusetts Governor Charlie Baker has expressly supported the authorization of sports betting, which now is expected to pass during the current legislative session.

To read the full text of this Duane Morris Alert, please visit the firm website.

Virginia Legislature Passes Bills to Expand Gambling in the Commonwealth

Legalized casino gambling and sports wagering are approaching the finish line in Virginia following the recent passage of two bills by the Virginia General Assembly. Senate Bill 36 and House Bill 896, both awaiting the signature of Virginia Governor Ralph Northam, would permit five land-based casinos, online sports betting and up to 2,000 additional historical horse racing machines.

View the full Alert on the Duane Morris LLP website.

Game On! Chris Soriano Featured on Good Law | Bad Law Podcast on Sports Betting

Duane Morris partner Chris Soriano was a guest on the Good Law | Bad Law podcast, “Game on! After a historic Supreme Court decision, sports betting is a go.”

Chris joined podcast host, Aaron Freiwald, to discuss the recent Supreme Court decision that in effect legalized sports betting across the country and the implications this decision may have for the future of gambling, as well as professional sports. Chris also talks about how his interest in the gaming area introduced him to gaming law.

Listen to Chris’ segment on the Good Law | Bad Law podcast.

Christopher Soriano Speaking at Seton Hall Law School’s Gambling Law Symposium

Duane Morris’ Christopher Soriano will be presenting at a gambling law symposium hosted by the Seton Hall Law School’s Continuing Legal Education at Seton Hall University on March 1, 2018 at 3:30 p.m.

The symposium will discuss New Jersey’s gambling laws while focusing on the following topics:

  • The New Jersey Constitution, Statutes, Rules, and Regulations Governing Gambling
  • The Definition of Gambling Under New Jersey Law: The Chance Versus Skill Debate Involving Fantasy Platforms and Poker
  • The Impact Of Technological Advances Upon Laws Governing The Placement of Wagers On Horse races
  • Overview Of Supreme Court’s Sports Betting Case and
  • On-Line Casino and Other Forms of Gambling Under Federal and New Jersey Law

For more information and to register, please visit the event website.

Real Sports Experts and Fantasy Sports

John Brennan, a staff writer for The Record, was a panelist for Duane Morris’ event “The Future of Sports Betting” on April 27, moderated by partner Christopher Soriano. Mr. Brennan’s column today, about the notorious poor luck of professional sportswriters and sports executives at fantasy leagues in their own sports, mentioned the event, sharing a story told by panelist Andrew Brandt of ESPN. The firm thanks Mr. Brennan and Mr. Brandt for their participation in the event.

Duane Morris Hosts “High-Stakes Games: Betting on Sports” Roundtable

Duane Morris, the Sports Business and Leadership Association and the Sports Lawyers Association will be hosting the roundtable discussion, “High-Stakes Games: Betting on Sports,” on Thursday, January 26, 2017 in Miami, Florida. This in-depth roundtable discussion will focus on the key issues and high stakes of sports betting and will feature sports and gaming industry executives, lawyers and pro-team executives. Duane Morris partner Christopher L. Soriano, of the firm’s Cherry Hill office, will moderate the discussion.

Featured Speakers:

  • Eric Frank, Director, Legal Affairs, Amaya
  • Myles Pistorius, Senior Vice President and General Counsel, Miami Dolphins

Topics to be discussed include:

  • The current state of sports betting in the United States
  • New developments in gaming law
  • The pro team’s view on expanding sports betting
  • Online and offshore wagering on games

Duane Morris Sports Practice AdvantageSM
Duane Morris attorneys have extensive experience representing clients doing business in sports. Whether pursuing new opportunities or investments, enforcing contracts or agreements or protecting clients’ rights, the firm’s lawyers understand the unique issues presented by operating in the industry, including the importance of establishing and maintaining relationships, controlling sensitive information, maintaining privacy and confidentiality and achieving goals in tight time frames.

About the Sports Business and Leadership Association

The Sports Business and Leadership Association (“SBLA”) is a non-profit charitable organization whose members are professionals working in the sports business industry. The SBLA’s core mission is to organize an affinity group of legal professionals working in the sports business industry and to educate them on trending sports business issues and concerns. The SBLA’s goal is to raise money to provide underprivileged children with the financial means to attend a summer sports camp at a university (the “SBLA Scholarship Program”).

About the Sports Lawyers Association

The Sports Lawyers Association (SLA) is a nonprofit, international, professional organization whose common goal is the understanding, advancement and ethical practice of sports law. There are more than 1,000 current members: practicing lawyers, law educators, law students and other professionals with an interest in law relating to professional and amateur sports.

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The opinions expressed on this blog are those of the author and are not to be construed as legal advice.

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