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How do State Gambling Laws determine if someone has provided Consideration for the opportunity to win?

David FriedMar 31, 20206 min read

Gambling is often defined by three elements: prize, chance and consideration. Increasingly, online games are using a “free play” model, but trying to generate revenue from ancillary sales (“fremium games”). How do state gambling laws determine if a person has provided consideration for the opportunity to win?

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What Constitutes Gambling?

David FriedMar 2, 20204 min read

What makes a game, contest or activity gambling under state gambling law?

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Why is Gambling Law So Complicated?

David FriedFeb 5, 20203 min read

A confusing patchwork of state laws govern gambling and often don’t anticipate new technologies or games.

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The Court holds that Tribal Internet Bingo is illegal, but what if the bet is legal where the customer is located (… and many other unanswered questions for Internet Gambling)?

David FriedAug 3, 20183 min read

The Ninth Circuit Court of Appeals has ruled that the “Desert Rose Casino” internet bingo game is illegal: a game operated from tribal lands in California but taking wagers from persons in California located off-reservation.  (California v. Iipay Nation, 898 F.3d 960 (9th Cir. Aug. 2, 2018)).  Although this conclusion seems obvious, the Court’s decision […]

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Freemium Games: Is the Big Fish Casino decision … Casablanca or Much Ado About Nothing?

David FriedMay 2, 20188 min read

The Ninth Circuit Court of Appeals recently held that a plaintiff who played free online games and purchased virtual credits to extend game play could state a claim for illegal gambling under the laws of the State of Washington. Big Fish’s games included traditional casino games like craps, slots and blackjack. The court wrote:  “… […]

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