March 30, 2016 Last week, Massachusetts Attorney General Maura Healey officially filed a comprehensive regulatory regime intended to govern and oversee the fantasy sports industry in the State, joining Indiana and Virginia as the first such states to introduce industry regulation. What are some key provisions of the new Massachusetts fantasy sports regulatory scheme?

March 30, 2016 Nobody puts Lions Gate Entertainment Inc.’s (“Lions Gate”) Dirty Dancing brand in a corner – except for a California federal district court and an allegedly infringing ad campaign. Why were Lions Gate’s trademark and unfair competition claims preempted by copyright?

March 23, 2016 DraftKings Inc. and FanDuel Inc. will stop allowing New York-based consumers to participate in their online daily fantasy sports contests under two virtually identical settlements with New York state, Attorney General Eric T. Schneiderman announced March 21. Schneiderman brought enforcement actions against each company in November 2015, saying the companies were violating…

March 29, 2016 Last week, Indiana governor Mike Pence signed into law a statute that explicitly provides that paid fantast sports contests do not constitute gaming under applicable law.  Additionally, the law will set up a regulatory scheme that will govern fantasy sports operators and the basic parameters of the contests that they offer.  …

March 29, 2016 A pending lawsuit against Tyco Integrated Security (“Tyco”) in the federal district court for the Southern District of Florida went to trial last week.  The facts and procedural history of this case should serve as yet another reminder that a properly drafted alarm contract is one of the most important assets to…

March 23, 2016 On March 21, 2016, the United States Court of Appeals for the Seventh Circuit affirmed a trial court ruling that found a principal of a small Indiana company liable for some, but not all, of its marketing company’s violations of the Telephone Consumer Protection Act (“TCPA”).  The principal, Jerry Clark (“Clark”), owns…

March 21, 2016 Earlier today, reports surfaced that the Attorney General for the State of New York had entered into settlement agreements with fantasy sports industry leaders FanDuel and DraftKings in connection with the companies’ respective pending lawsuits with the State.  Given the size of the New York market, the effects of the settlements will…

March 21, 2016 Yesterday morning, the Federal Trade Commission (“FTC”) announced that it had reached a settlement with Lilly Management and Marketing, LLC and its principal, Kevin Lawrence (together, “Defendants”).  The FTC commenced an action against Defendants in the Middle District of Florida on March 16, 2016, alleging that the Defendants repeatedly and systematically violated…

March 18, 2016 We have previously written about an established class action plaintiff who is making a name for himself throughout the Internet marketing industry by virtue of his liberal use of the New Jersey Consumer Fraud Act (“CFA”) to bring class action lawsuits.  In the past, we had seen such suits in connection with…

March 17, 2016 As the 2016 election cycle continues to heat up, the Federal Communications Commission’s Enforcement Bureau (the “FCC” or “Commission”) released an Enforcement Advisory this Monday outlining the Telephone Consumer Protection Act (“TCPA”) regulations governing political robocalls, text messages and pre-recorded calls. Why should political campaigns ensure that their phone calls and text…

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