August 16, 2018 Illegal gambling is generally defined as an activity where a person provides consideration for the opportunity to win a prize in a game of chance. Consideration typically takes the form of currency, but it can be anything of value (hence the idiom, losing your shirt). If there is no consideration, or the…

August 14, 2018 Readers will recall from our previous blog that the New York State Legislature had before it a proposed bill that would have legalized sports betting on a statewide basis.  Notwithstanding being on the precipice of establishing a legal framework for sports gambling in the nation’s biggest market, lawmakers failed to do so…

August 13, 2018 Website Terms and Conditions are a useful tool for website owners and operators to use in order to create essential legal protections and limit liability.  Frequently, website Terms and Conditions, coupled with the Privacy Policy, are the only legal documents used to establish the contractual relationship between website operators and their respective…

August 9, 2018 Last week, a federal district court in the State of Michigan denied a motion for summary judgment based, in part, on the classification of automatic telephone dialing systems (each, an “ATDS”) within the meaning of the Telephone Consumer Protection Act (“TCPA”).  This TCPA law action was filed by Kevin A. Gary (“Plaintiff”)…

August 8, 2018 The United States Court of Appeals for the Ninth Circuit recently rendered a decision based on the Unlawful Internet Gaming Enforcement Act (“UIGEA”) that could have broad implications for online tribal gaming. In the lawsuit, the State of California and the United States (the “Government”) sought an injunction to prohibit the Iipay…

August 6, 2018 In a ruling that will have far reaching implications, a federal court in Michigan recently found that ringless voicemail messages are calls for purposes of the Telephone Consumer Protection Act (“TCPA”). What are ringless voicemails and why did the Court rule that they are TCPA calls?

August 3, 2018  The Las Vegas Golden Knights (“Golden Knights”) hockey team must be in the running for the feel-good sports story of the year. As an expansion team, they made it all the way to the Stanley Cup finals, making them the first modern-era expansion team from any of the four major sports leagues…

August 2, 2018  A Florida man has brought a class action lawsuit against the Miami Heat Limited Partnership (“Miami Heat”) for violating Title III of the Americans with Disabilities Act (“ADA”). Andres Gomez, the Plaintiff named in the website accessibility lawsuit against the Miami Heat, is alleging that, as a blind man, the Miami Heat’s…

August 1, 2018  On June 28, 2018, California passed the California Consumer Privacy Act (“CCPA”), which will go into effect on January 1, 2020. Previously, we discussed how the CCPA will regulate how businesses should handle consumers’ personal data. However, before businesses prepare for CCPA compliance, they should first determine whether the CCPA even applies…

July 31, 2018  Last month, a group of 14 United States Senators from the Democratic Party sent a letter (the “Letter”) to the Federal Communications Commission (“FCC”) in response to two (2) FCC Public Notices seeking comments on a proposed rulemaking concerning certain provisions of the Telephone Consumer Protection Act (“TCPA”). The Letter urges the…

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