Sports Betting & Online Gaming

Brownstein has always been at the forefront of emerging trends in the gaming industry, with decades of experience representing a wide range of clients engaged across the full spectrum of gaming and wagering activities. We advise U.S. and foreign sports betting interests on the requirements to become operational in new jurisdictions in the wake of the recent U. S. Supreme Court decision setting aside the Professional and Amateur Sports Protection Act (PASPA). Since that decision, our attorneys have completed many of the first sports betting transactions outside of Nevada, playing a key role in the expansion of sports betting throughout the U. S.

Participants in today’s sports betting environment face numerous challenges as they seek to expand to new jurisdictions. Brownstein counsels clients seeking to gain access to new markets, capitalizing on our long history in the gaming industry and leading government relations practice to provide advice on existing legal requirements and pending legislative activity. Through our experience representing brick-and-mortar casinos, real money and play-for-fun online gaming providers and sports betting interests, we are well positioned to advise clients on all facets of the sports betting industry, including transactional work, licensing matters, regulatory approvals, compliance requirements and tribal issues. Our government relations counsel closely monitor legislative actions related to sports betting as states continue to rollout new legislation and Congress considers the potential for federal oversight.

Sports betting is only the latest example of Brownstein’s leadership role with emerging gaming trends. At the outset of online gaming, our team was the architect behind some of the first arrangements in the U. S. between European platform providers and domestic brick-and-mortar licensees, crafting creative business solutions to enable clients to offer online gaming services in new jurisdictions. With this experience, Brownstein offers unique insight into the transaction structures, technology platforms and regulatory environments associated with today’s emerging U.S. sports betting industry.

Representative Matters
  • Recovered infringing domain names in Uniform Domain Name Dispute Policy (UDRP) proceedings before the National Arbitration Forum on behalf of multiple casino gaming clients, including Station Casinos, Wynn Resorts, Boyd Gaming, MGM Resorts, and Pinnacle Entertainment.

  • Counsel to Boyd Gaming Corporation in its partnership with MGM Resorts to offer online and mobile gaming platforms, including sports betting, casino gaming and poker, in jurisdictions where either Boyd or MGM operate physical casino resorts and online licenses are available.

  • Counsel to Pala Interactive, an online social casino and real money gaming provider, in negotiating its agreement with SBTech, a leading sports betting technology supplier, to offer SBTech’s sportsbook technology in integration with Pala Interactive’s proprietary platform.

  • Counsel to Pala Interactive, an online social casino and real money B2B gaming provider, in its multi-year license agreement with JPJ Group, an online gaming operator, to provide access to its proprietary online real money gaming platform.

  • Counsel to Caesars Entertainment in its partnership with DraftKings, a leader in legal online sports betting. The deal gives Caesars an equity stake in DraftKings and provides DraftKings with a path toward future online and mobile licenses through the large network of Caesars casinos.

  • Counsel to Kindred Group in its access arrangement with Mohegan Sun Pocono to offer online and retail sports betting in Pennsylvania.

  • Represent gaming entities in tribal-gaming related matters.

  • Counsel to an affiliate of bet365 Group Limited, the world’s largest online sports bookmaker, in its acquisition of $50M of Empire Resorts common stock, making it Empire’s second largest stockholder. This strategic partnership provides bet365 with access to the New York State sports wagering market and allows it to offer retail betting, an online sportsbook and online gaming at Resorts World Catskills when permitted by applicable law.

  • As national thought leaders in gaming & gambling, our gaming team has been called to play a central role in one of the most significant developments for the sector of recent times. We have been providing strategic and legal counsel to multiple entities in the roll-out of both in-casino and on-line sports wagering in the state of New Jersey and in connection with its potential roll-out into other states across the US. Our team also has played a significant role in paving the way for this critical new development in US gaming law, confirming our market-leading work on this field.

  • Our national gaming team represented Ocean Walk and its principals in the acquisition, financing and development of the Ocean Resort Casino in Atlantic City. The property, formerly known as Revel Casino Hotel, consists of a hotel & casino with circa 1,400 rooms situated on the Atlantic City Boardwalk. Our team also assisted in obtaining the required licensure arrangements for the facility in readiness for its opening in summer 2018. This matter confirms how our team has the ability to provide the full range of sector-specialist corporate/M&A; financing; development; licensing and regulatory services required on such major mandates.

  • Counsel to Kindred Group, the parent of the online gaming site and app Unibet, in its agreement with Hard Rock Atlantic City to offer online sports betting in New Jersey. The deal marks the entry of the Unibet brand into the U.S. market.

  • Counsel to Boyd Gaming Corporation in its strategic partnership with FanDuel Group to run online sports betting operations in the U.S.

  • Counsel to Boyd Gaming Corporation in a strategic partnership with FanDuel Group to run online and mobile sports betting operations in the U.S.

  • Brownstein is representing the leading US-based explainer video production company with strategic and legal analysis of gaming laws and counsel in connection with the selection of the most appropriate licensing structure for a gaming platform that uses a combination of random number generation and artificial intelligence techniques to determine outcomes. Our team has also assisted with negotiating and drafting the definitive agreements for the distribution of the virtual platform. Our work on this initiative demonstrates how we understand the challenges and opportunities our clients face with regard to new industry technologies, as well our ability to present innovative arguments to the Gaming Control Board on issues that fall outside of standard gaming regulatory practice.

  • Counsel to bet365, the leading UK online betting operator, in its sports betting partnership with the Hard Rock Atlantic City casino. The deal marks the entry of Bet365 into the U.S. market. casinos.

  • Brownstein is acting for a leading US-based gaming services company which has developed skill-based gaming devices that some are calling the wave of the future in the gaming industry. Our national gaming team is assisting our client in an application for a manufacturer and distributor license for these devices. We are currently processing applications and are closely involved in developing the company’s strategy for the approval of its ground-breaking devices. Our team has over 40 years of experience in the gaming regulatory process for gaming devices, and our work demonstrates the significant benefits of this experience for new entrants to this market.

  • Our national gaming team is advising hospitality/gaming entities and acting as counsel to their compliance and audit committees in conjunction with approvals for their cyber security program. Given the huge changes sweeping the on-line gaming sector across the US over the review period, our ability to provide global-standard cyber security counsel is an increasingly critical asset for clients in this sector.

  • Counsel to Pala Interactive, an online social casino and real money B2B gaming provider, in negotiating a multi-year license agreement with the Abenakis de Wolinak First Nation to provide an online real money gaming platform.

  • Our national gaming team is advising one of the world’s largest sports betting and gaming groups on all aspects of gaming and regulatory requirements to ensure a successful gaming licensing experience. Our firm was retained in part because of our experience in successfully representing UK-listed gaming companies with regard to their operations in the US and globally, as well as our strength of reputation for assisting major gaming companies in navigating the gaming regulatory process.

Meet The Team

Elizabeth D. Paulsen Shareholder T 303.223.1187
Paul M. O’Gara Shareholder T 609.241.0174
Pacifico S. Agnellini Shareholder T 609.241.0188
William E. Moschella Shareholder T 202.652.2346
Scott E. Wiegand Shareholder T 702.464.7095
William J. Downey Shareholder T 609.916.5745
Sonia Church Vermeys Shareholder T 702.464.7066