March 2016

Massachusetts Unveils Nation’s Most Comprehensive Fantasy Sports Regulations

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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?

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Allegedly Infringing Ad Campaign: Trademark Claims Preempted by Copyright

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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?

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DraftKings, FanDuel Settle With New York Attorney General Pending Legislative Result

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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

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Tyco Lawsuit Highlights Importance of Well-Drafted Alarm Contracts

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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

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Seventh Circuit Limits Agency Liability in TCPA Class Action

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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

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Landmark Daily Fantasy Sports Settlement between DraftKings, FanDuel and New York

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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

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FTC Settles TCPA and TSR Violation Charges with Vacation Package Telemarketers

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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

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