DraftKings Lawyer Boies Says MA Rules Bid Best Bet
Other states are taking a different approach to regulating daily fantasy sports.
Gambling in the state is prohibited under New York’s constitution. She would prohibit the sites from advertising to minors and require the sites to block players under 21, and ban daily fantasy contests on college sports.
Yahoo Sports Daily Fantasy is available through a mobile app and allows users to compete in groups or individually by betting on a professional athlete’s performance. The victor is determined by how well the pro players do on the actual playing field.
Healey said it is unclear whether the contests are illegal under state law and noted that other state authorities, including the legislature or gaming commission, could take other steps to rein in the games in MA. It has been facing increased scrutiny by officials who are trying to determine if the paid games can be defined as gambling. We’ll consider those attributes of the key players from these high-scoring games.
To me, because of the small amount of apparent risk – and the fact that these services are laid out in the format of fantasy sports – daily fantasy sports (DFS) seem a whole lot more benign than traditional gambling, which is more unsafe. I think just as a pragmatic matter, I think it’s important to get beyond that. They jump ship. Find out how to save your bacon on this free research-based webinar with Insight’s Andrew Jones.
Maura Healey announced what she called an aggressive, first-in-the-nation plan to regulate the Web sites. He is entitled to change his mind. For those reasons, the Big Two will likely contend that their reputations would be so severely and permanently tarnished by being banned from NY that no monetary damages could later cure the harm. They enjoy the games. It is a very popular form of entertainment.
“Never until 10 days ago had anyone suggested, hinted or asserted there was anything illegal about anything FanDuel and DraftKings were doing”, Boies said. Let’s say it’s Eli Manning, and the Giants are defeating the Eagles or the Cowboys.
In addition to DraftKings, FanDuel and the credit card companies, the class action names banks that issued credit cards used by the lead plaintiff, as well as the companies that processed the transactions. What did that have to do with the bettor’s skill? When asked why that differed from poker, Boies didn’t miss a beat and at the same time proved his poker chops. According to the attorney general, this is from an analysis FanDuel prepared for another investor.
“That is absolute proof that this is a game of skill and not chance”, he said. So the question is a practical one: “Does skill predominate, or does chance predominate?” Does skill predominate or does chance predominate?
Modern fantasy sports started in 1980 and have mushroomed online.
In the Daily News piece, Schneiderman wrote: “That’s why more than 89 percent of one site’s players are losers, despite seemingly endless TV ads promising easy money”. It does happen in games that are beyond the control of the player.
The state court Monday rejected requests for temporary restraining orders made by DraftKings and FanDuel, but it scheduled the hearing for next Wednesday when Schneiderman’s request for an injunction is expected to be considered.