Sports

Regulated Sports Betting: A Nevada Perspective

This article discusses the impact Nevada has had on legal regulated sports betting for the past seventy years. First, an overview and history of Nevada’s sports betting regulatory framework will be presented; and, second, lessons learned and issues to consider for states wishing to embark on legalized regulated sports betting such as, integrity, why states and not the federal government should regulate sports betting, how tax rates and fees impact the legal and illegal markets, why technology is a critical component of legal sports wagering, why multiple avenues for consumer protection are essential, and finally how cooperation among all stakeholders is essential and will help create solutions to new challenges.

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Research Brief: State Legislative Update on U.S. Sports Betting & Online Gaming March 2020

In the coming weeks in the sports betting world, the focus will be on college basketball with the conference tournaments and NCAA Tournament that are upon us. However, there is an incredible amount of activity in state legislatures as they either launch their efforts prior to the tip-off or try to get legislation passed before the final buzzer. A host of states have legislative sessions that are ending in March, while others are just reaching the second half of their session. Many of these efforts may result in a buzzer beater as stakeholders move towards compromises while other states may miss and have to wait for the next legislative session to start their discussion.

As we look at the current state of play in sports betting across the country, mobile wagering continues to be a dominant factor and a revenue driver for states. Nevada for the first time has started to report the percentage of mobile wagers, showing that nearly fifty percent of sports wagers in the state were placed through a mobile device. Pennsylvania saw the highest share of mobile wagering, as nearly 90 percent of their revenue came from mobile devices. Revenue continues to grow across the country as these markets mature with mobile options allowing for further growth opportunities.d.

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Research Brief: State Legislative Update on U.S. Sports Betting & Online Gaming February 2020

As we are coming off one of the most heavily watched sporting events and one of the most gambled-on events, we are just entering the proverbial Super Bowl of legislative activity. Numerous states are in the thick of their legislative sessions with numerous hearings and pieces of legislation surfacing as states work through sports betting, online gaming, brick-and-mortar casinos, and how to deal with the illegal/gray market.

As we look at states this month, there are four real groups to consider. In keeping with the football theme at the close of the 2019 season, we will classify these groups of states as “Professional Players”, “Draftees”, “College Players”, and “Signees”. Professional Players are those states that have already legalized sports betting and are up and running. Draftees are those jurisdictions that have legalized but have yet to launch in the market. College Players are those states that appear ready to launch and are in active debate to take it to the next level. Finally, in light of National Signing Day this week for future college football players, Signees are the states that are just starting their journey down the path of sports betting.

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Research Brief: Wire Act New Hampshire Case Ruling

On the afternoon of June 4th, a ruling was issued by United States District Judge Paul Barbadoro in the case between the New Hampshire Lottery Commission and Neopollard, a lottery vendor, against the U.S. Department of Justice (“DOJ”) regarding the Interstate Wire Act of 1961. The suit was brought by New Hampshire in response to the memorandum issued by the DOJ’s Office of Legal Counsel (“OLC”) on November 2, 2018 (the “2018 Memo”), which stated that the Wire Act applied to all forms of gaming and not just sports betting, reversing a previous opinion issued in 2011 (the “2011 Memo”). The 60-page ruling in the New Hampshire case confirmed the 2011 Memo, stating that the Wire Act applies only to sports betting and setting aside the 2018 Memo. The result in the New Hampshire case represents a shot across the bow of the authors of the 2018 Memo and others, in the DOJ and elsewhere, who have pushed this agenda for the last several years.

The case was one that many throughout the gaming and lottery industries had been watching since the 2018 Memo was released earlier this year. After the 2018 Memo was released, the DOJ offered a 90-day window before enforcement of the Memo would go into effect, which meant that enforcement should have commenced on April 15, 2019. The DOJ extended that deadline another 60 days earlier this spring, pushing the end of the non-prosecution period to June 14, 2019.

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The Importance of Data in Sports Betting

As sports betting expands into new markets within the United States, operators and state governments are growing eager to capitalize on the opportunity.

In addition to Nevada, seven states now offer some form of sports betting in the post-PASPA (Professional and Amateur Sports Protection Act) world. This number will likely grow as 2019 continues to unfold, as a supermajority of states plan to look into the opportunity for sports betting within their borders. Global Market Advisors has previously estimated the sports betting market at $139 billion, but that figure is contingent on how the market is crafted in each state.

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The Road to Sports Betting

When the Supreme Court struck down the Professional and Amateur Sports Protection Act (PASPA) last May, casino operators across the United States were euphoric, envisioning crowds of enthusiastic bettors flocking to newly constructed sports betting lounges, holding exciting events during major games, and attracting a younger clientele to
their properties. Several states moved quickly to permit sports betting in some form. While casinos in some states were able to quickly build betting counters and initiate sports betting
activities, most others, particularly in Indian gaming, have come to realize that they must first navigate through a maze of obstacles before taking their first bet.

Sports betting is currently available in some form in eight states: Nevada, Delaware, New Jersey, Mississippi, Rhode Island, Pennsylvania, West Virginia, and New Mexico. Each of these states offers some form of sports wagering, but the products offered and where bets can be made vary by state.

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Research Brief: Education on Sports Betting

Since the repeal of the Professional and Amateur Sports Protection Act (“PASPA”) by the U.S. Supreme Court, seven states have legalized and launched sports betting. These states include Delaware, New Jersey, Mississippi, West Virginia, Pennsylvania, Rhode Island, and New Mexico, in addition to Nevada which has been operating legally for decades. Each state has tailored their own sports betting regulations to meet their unique market dynamics. While some states have not instituted the most ideal tax rates or structures, these states are adding a new revenue source to their existing gaming and lottery product.

Nearly 30 states have introduced sports betting related language as of the writing of this brief, and others are expected to follow suit in the coming weeks and months as they look either to pass legislation or to study the opportunity that sports betting could provide to their state. Many of these states have already started to hold hearings or are continuing the debate from last year. As these states continue these conversations, they should take two things into consideration. The first is that integrity, first and foremost, is upheld in the legislation and regulations that are established for sports betting. It is never in a fee or royalty that is paid to anyone that is not taking the risk of operating a sports book. Second, there should be no rush to enter the market, as first-to-market status has already been achieved. At this point, it should be about taking the time to get things right by creating a robust, competitive market in a strict regulatory environment.

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Sports Betting Across America: A 2019 Legislative Preview

As 2019 begins, states across the country are looking at their legislative agendas. Every state’s legislature will meet in 2019 and there will be several issues that will be discussed,some of which will revolve around gaming and lottery. One thing that will likely be discussed in every state is the potential for sports betting. This is an important opportunity for state lotteries to expand their portfolio of games and connect with the next generation of players.

Many states are assessing the expansion opportunities for the lottery. This may include the use of video lottery terminals, iLottery, or other forms to sell their existing products through the internet, kiosks, or other means. The potential for sports betting to enhance funding for good causes is another option that many Lottery Directors across the country are hoping their state legislators are considering. Commercial casino and online gaming operators also recognize the economic potential of sports betting, and are lobbying state legislators to implement a license-and-regulate model that would enable them to offer sports betting.

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Research Brief: Reversal of the 2011 Wire Act Memo

Late in the afternoon of January 14, 2019, the U.S. Department of Justice (“DOJ”) issued a new
memo reversing its stance on the Interstate Wire Act of 1961 (“Wire Act”). This 23-page memo
issued by the DOJ’s Office of the Legal Counsel (“OLC”) dated November 2, 2018, stressed that
all forms of gaming apply to the Wire Act. It reversed an earlier DOJ memo issued in 2011 that
stated that the Wire Act only applied to sports betting.

The action, which at best can be described as reversing a reversal, raises several concerns for the
gaming industry, especially for online gaming that occurs in the states of Nevada, New Jersey,
and Delaware, with active startups underway in Pennsylvania. The decision also may have
serious implications for mobile gaming, sports betting, daily fantasy sports (“DFS”), lottery, and
potentially even internet/social media marketing programs. Global Market Advisors (“GMA”)
had predicted for some time that the reversal of the 2011 Memo would occur during the Trump
Administration through the efforts of the Committee to Stop Internet Gaming (“CSIG”).

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