Daily Fantasy Sports Update: From Skill v. Chance to Legislative Dance

Sports have given us the Icky Shuffle, the Mark Gastineau sack dance and George “Twinkle Toes” Selkirk.  Perhaps the greatest dance of all has been the state legislatures side-stepping the skill v. chance issue. I really thought we’d get practical guidance from the Daily Fantasy Sports skill v. chance debate for marketing lawyers to help advise on typical promotional games.  The New York State lawsuits between the NY Attorney General and DraftKings and FanDuel provided just the battleground.  But, alas, it was not meant to be.  Was politics the poison or the antidote? Since the New York DFS lawsuits began in November 2015, fifteen states have passed laws legalizing DFS – including New York in August 2016.  For those keeping track, DFS is now legal in AK, CO, DE, IN, KS, ME, MD, MA, MS, MO, NH, NJ, NY, PA, TN, VA, VT. The legislators dodged the skill v. chance question in favor of the here’s a moneymaker solution.  See,…

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