Gaming

The heavily regulated and rapidly changing multijurisdictional gaming environment requires the ability to pivot and act quickly to maximize opportunity and mitigate risk. Brownstein’s team of experienced gaming attorneys swiftly assesses the regulatory structure you’re operating within and develops a strategy to address needed changes and implementation across various jurisdictions. We proactively assess jurisdictions coming online, including internationally, to identify potential implications for you. This allows us to prepare and activate strategies to turn a challenging regulatory situation into one that works for you. Relationships are integral to this process and we put our local, state and federal relationships to work for you. The gaming regulatory environment may be complex but with Brownstein on your side, you can navigate it to your benefit.

Gaming operators, owners, manufacturers and investors—as well as those companies that do business with casinos—are subject to complex compliance challenges. Enter Brownstein. We help you create and execute regulatory compliance programs and set internal controls to ensure compliance with not just gaming statutes and regulations, but also anti-money laundering/know-your-customer rules, FCPA, data privacy laws, among other statutes and regulations impacting the gaming industry. Strong relationships with regulators and deep industry experience allow us to proactively identify issues and craft strategies to address them before they become a problem. Sometimes compliance issues can’t be avoided and when this happens, the Brownstein team guides you through all the nuances of addressing the problem so you can focus on what matters most—your business.

When the U.S. Supreme Court ruled in 2018 that the Professional and Amateur Sports Protection Act (PASPA)—a law that banned states from regulating sports betting—was unconstitutional, it created enormous opportunity in the sports betting industry. This decision opened up the market from essentially only Nevada to any state choosing to legalize and regulate, now more than half the states in the U.S. and growing! Brownstein was at the forefront of this movement. Our attorneys completed some of the first sports betting transactions outside of Nevada leveraging our long history in gaming to help companies  extend into new jurisdictions. From representing operators, professional sports teams and leagues to guiding the vendors that support the  betting process, our work continues to be integral in the expansion of online sports betting.

Renowned gaming law work coupled with a deep understanding of tribal issues. At Brownstein, we know how to handle complex gaming and regulatory issues concerning tribal gaming enterprises and Native American jurisdictions. With former attorneys from the National Indian Gaming Commission (NIGC), we work with key stakeholders to resolve issues involving the Indian Gaming Regulatory Act (IGRA). We negotiate multifaceted Indian gaming agreements, including management contracts and the first ever agreement for retail and mobile sports betting by an Indian tribe in the United States. We also advise on compliance matters and advocate on issues related to federal trust acquisitions. Our work includes operating within the framework of IGRA to help tribal entities move new gaming onto tribal lands, as well as facilitate the expansion of existing gaming operations outside of tribal lands.

For decades, lotteries, sweepstakes and promotions have been a hallmark of the marketing mix for many businesses and charitable organizations. With the rise of social media and online gaming, they are becoming even more prevalent and social gaming is exploding. Ensuring compliance with federal or state laws governing social gaming, lotteries, sweepstakes and promotions is necessary to avoid exposing your organization to liability. Brownstein’s team brings a significant understanding of the applicable laws and relationships with the state agencies governing these promotions—to help you structure a lawful sweepstake or lottery.

From Internet based casino games to cryptocurrency, artificial intelligence, esports and cashless technology, the gaming industry is evolving at a rapid pace. You need a team that understands not only the emerging technologies but the unique laws governing them. From understanding the laws applicable to your technology in each jurisdiction to helping you navigate the regulatory environment for implementation of your business objectives, we craft legal and regulatory strategies to meet your goals. We understand that your organization is doing business in a space that is quickly evolving and needs innovative legal solutions. That’s why we go beyond business as usual drawing on our multidisciplinary team to proactively identify opportunities and create strategies to meet your goals.