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<title>Federal Gaming Law Notices</title><link>http://www.federalgaminglaw.com/index.html</link><description>Notices</description><dc:language>en</dc:language><dc:creator>ggemignani@gmail.com</dc:creator><dc:rights>Copyright 2009 Greg Gemignani</dc:rights><dc:date>2010-04-29T09:51:28-07:00</dc:date><admin:generatorAgent rdf:resource="http://www.realmacsoftware.com/" />
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<lastBuildDate>Wed, 14 Jan 2009 09:24:46 -0800</lastBuildDate><item><title>FINAL EXAM</title><dc:creator>ggemignani@gmail.com</dc:creator><category>None</category><dc:date>2010-04-29T09:51:28-07:00</dc:date><link>http://www.federalgaminglaw.com/page6/files/ad5b42fe0777ff84e1adab44b8d12e75-17.html#unique-entry-id-17</link><guid isPermaLink="true">http://www.federalgaminglaw.com/page6/files/ad5b42fe0777ff84e1adab44b8d12e75-17.html#unique-entry-id-17</guid><content:encoded><![CDATA[See the exam schedule at:  Final Exam Schedule]]></content:encoded></item><item><title>Exam Question Sample</title><dc:creator>ggemignani@gmail.com</dc:creator><category>None</category><dc:date>2010-04-27T07:28:31-07:00</dc:date><link>http://www.federalgaminglaw.com/page6/files/7097eb27c783281c4e53bec9382fa985-16.html#unique-entry-id-16</link><guid isPermaLink="true">http://www.federalgaminglaw.com/page6/files/7097eb27c783281c4e53bec9382fa985-16.html#unique-entry-id-16</guid><content:encoded><![CDATA[Nanotel, the nations 72nd largest national cell phone service company, has retained your firm to assist in vetting its new promotion that is designed to expand Nanotel&rsquo;s market share following its acquisition of a patent on the method of playing networked card games over a cellular phone network.    As part of the promotion Nanotel will begin offering the Meizu miniOne (an iPhone Clone) preloaded with a promotional networked poker application (see illustration).    The promotion is called the Play-For-Fun Nantotel Worldcup of Poker and the client&rsquo;s initial thoughts on the promotion are as follows:


...&bull;	Every participant will receive 100 Nanotel Chips to use in play for each round of the tournament


...The player with the most chips at the virtual table at the end of the round will progress in the tournament.  

...&bull;	The results of the contest for each day will be posted on the Nanotel website and the overall contest winner each day can submit their picture to be featured next to their name on the web site.


...Because Nanotel leases air time from T-Mobile (similar to Virgin Mobile and Sprint),  T-Mobile has required Nanotel to get a clearance opinion regarding the proposed contest.    Prior to asking for such opinion, Robin Banks, general counsel for Nanotel, asks you if there is any risk of violating federal gaming laws with the contest as outlined?  


...A Please answer.  [15 points]  Whether there are any risks of violating federal gaming laws or federal advertising laws with the contest as outlined and, if so, what risks are presented [be specific]?


After your answer to her first question, Robin mentions that the Caribbean Gem Casino, a land-based casino on St.   Eustatius island, and PokerEmpire.com an online real-money poker site operated from St.   Eustatius (that accepts wagers from any jurisdiction), have offered to subsidize prizes for the contest if the virtual table poker felt carries the Caribbean Gem name and logo and the cards feature the PokerEmpire.com name and logo.    The prizes will be trips to the Caribbean Gem Casino for a live poker tournament and a $50,000.00 cash prize to the ultimate live tournament winner.    Additionally, PokerEmpire.com will pay for the development and distribution costs of the phone software to make it happen.    Robin asks if this changes your initial analysis and if so how and why (ignoring any potential commercial speech issues associated with the ad campaign)?


...B Please answer. [15 points] Does the modification of the contest as proposed by Carribean Gem and PokerEmpire.com change your analysis (from question 2.]]></content:encoded></item><item><title>Third Hypo</title><dc:creator>ggemignani@gmail.com</dc:creator><category>None</category><dc:date>2010-04-25T10:11:40-07:00</dc:date><link>http://www.federalgaminglaw.com/page6/files/640b5355985bf97e7d113d7edda69db7-15.html#unique-entry-id-15</link><guid isPermaLink="true">http://www.federalgaminglaw.com/page6/files/640b5355985bf97e7d113d7edda69db7-15.html#unique-entry-id-15</guid><content:encoded><![CDATA[Boss at Oceanic Casino has asked us for a brief summary of the legality of online poker sites and what the risks are for Oceanic if they are engaged in joint promotions with MaxBet Poker&hellip;).


...Boss at Oceanic Casino has asked us for a brief summary of the legality of online poker sites and what the risks are for Oceanic if they are engaged in joint promotions with MaxBet Poker.


As you know, Oceanic is a long time client of the firm with casinos in Las Vegas, New Jersey, Mississippi, Reno and Bahamian Cruise Ships.  


...Boss to let him know that you were in the best position to send them a reply given your billing rate and your familiarity with online gaming.


...Can you please provide me with a short summary of whether online poker is legal in the U.S.?    Also, can you please let me know the risks of running promotions, namely a large poker tournament at our flag-ship Las Vegas property, with MAXBET?


...From my time working in Australia I have had some experience with the US regulators and federal agencies concerning internet gaming, but I am told that they are not as strict on Poker.


...MaxBet Poker is an online poker <http://en.wikipedia.org/wiki/Online_poker>  card room launched in May 2001 with the involvement of a team of poker <http://en.wikipedia.org/wiki/Poker>  professionals known collectively as the MaxBet Force, among them are:


...U.S. internet poker rooms have come and gone these past few years, but MaxBet Poker remains one of the biggest online success stories. ...  This site is hailed for its rigorous efforts to cater to U.S. players by offering high stakes real money poker games to U.S. players, and is one of the few rooms that has continued to serve us here in the states, despite frustrating changes in U.S. legislation.   Because of this, the site has picked up a lot of U.S. players that were abandoned by other sites that left the U.S. market after the enactment of UIGEA.


In 2006 they were set to do an IPO that was projected at somewhere between $10-15 billion, but they called it off when other poker stocks took a hit from the passage of the UIEGA legislation.  

...This means a wider array of fish for you to exploit, at any hour of the day, as well as the assurance that your account will remain functional regardless of the erratic political climate here at home.   You know MaxBet Poker because their marketing team has sought to recruit some of the best known players in the world, who have come together to form the MaxBet Force. 

...As we  discussed, MaxBet, the #1 online poker company, wants to do a promotion with us to jointly run on-ship poker tournaments with a grand prize poker tournament at the Oceanic Casino in Vegas.  

...(SEE THE INSTRUCTIONS ABOVE FOR THIS QUESTION BEFORE ANSWERING &ndash; This e-mail string comes from an actual set of e-mails in practice with the names and company names changed for the exam.)
]]></content:encoded></item><item><title>Second Hypo</title><dc:creator>ggemignani@gmail.com</dc:creator><category>None</category><dc:date>2010-04-24T19:57:25-07:00</dc:date><link>http://www.federalgaminglaw.com/page6/files/99d82b5e41879b8130fce4e19c28fad6-14.html#unique-entry-id-14</link><guid isPermaLink="true">http://www.federalgaminglaw.com/page6/files/99d82b5e41879b8130fce4e19c28fad6-14.html#unique-entry-id-14</guid><content:encoded><![CDATA[The general counsel for Peppy Cola, a longtime client, calls you to get your impression on a new promotion Peppy wants to run for its new product Peppy NRG MAX Cola. ...  Peppy's new product and promotions are designed to build its reputation with young males who are increasingly interested in modified cars and the modified car and bike culture, as made popular by TV shows such as Pimp My Ride, Overhauln', Top Dead Center, and Ride With Funkmaster Flex, and by video games such as Need For Speed Underground, Juiced, Forza Racing, and Grand Tourismo. 

...The local contests are STOP ON THE DIME contests to be held at race tracks nation wide and are being co-sponsored by the Chevrolet division of GM, though GM is relying on Peppy to clear and run the contests.   Peppy will embed a dime on the drag strip at each race track and paint a white X on the drag strip to highlight the position of the dime. ...  Each run will result in a lot of tire smoke from braking since the anti-lock braking system is replaced in the car with a performance oversized braking system. ...  Given the inherent danger associated with driving a skidding car that is doing at least 80 mph when the brakes are applied, the contestants must sign a personal injury waiver and a rights of publicity waiver, and must pay Peppy a $5.00 entry fee to cover gas and insurance costs. ...  Any driver that manages to actually stop the car with any of the tires of the car landing on the dime wins the car they are driving. 

...Ignoring tort issues, is the local STOP ON THE DIME are there any federal gaming issues involved with the contest or promoting the contest on TV (cable and broadcast) and Radio (FM and XM)? 

...The national online contest is an online based contest with a similar theme to the local contest, though Microsoft is teaming up with Peppy and will rely on Peppy to clear the contests. ...  Contestants are presented with a downloadable limited use version of Forza Motorsport 3 (a video game) which simulates driving a modified Chevrolet Cobalt SS (to get an idea see Video 1 or Video 2 on You Tube).   Contestants drive the simulated car up to a reported speed of at least 80mph and try to stop on a dime embedded on the simulated drag strip. ...  Each contestant enters by entering their name, phone number, e-mail address, age, street address, and a code found in the bottle cap of specially marked Peppy Energy Max Cola bottles. ...  The contestant that lands on the dime in the online car game wins a brand new modified Chevrolet Cobalt SS.   The contest will be promoted heavily on Viacom's Spike TV as well as on TLC and MTV, and the car will be modified on MTV's Pimp My Ride and featured on Spike TV's Ride With Funkmaster Flex. 

...Microsoft and Peppy will have clusters of XBOX-360's for product demonstration and free contest use at major malls and retail center's nation wide. 

...If the contest is deemed to be an illegal gambling contest in Florida, are any federal law violations potentially implicated, and if so, which ones? 
]]></content:encoded></item><item><title>First Hypo</title><dc:creator>ggemignani@gmail.com</dc:creator><category>None</category><dc:date>2010-03-21T10:47:36-07:00</dc:date><link>http://www.federalgaminglaw.com/page6/files/6579815632f2fb7123a72dc6f10df43c-13.html#unique-entry-id-13</link><guid isPermaLink="true">http://www.federalgaminglaw.com/page6/files/6579815632f2fb7123a72dc6f10df43c-13.html#unique-entry-id-13</guid><content:encoded><![CDATA[Grid Iron trading cards, the largest maker of professional football player trading cards, has called to asked you to analyze certain federal gambling law risks associated with a current issue they are facing and a proposed enhancement to their online fantasy football player card game. 


...Players pay a $50 entry fee to Grid Iron for each fantasy football team they wish to build and manage. ...  Each card costs $5.00 and each Player's team can have up to 16 digital cards at any one time. ...  While each player's team may have up to 16 digital players cards in their deck, they are only allowed to play 8 players each week in their intra-league matches (1 Quarterback, 2 Running Backs, 3 Receivers, 1 Kicker and 1 NFL Team Defense). ...  Each week the players may use the graphically rich Grid Iron online system to revise their line ups, trade cards with other players, drop cards from their deck into a free agency pool or add cards from the free agency pool; however, each transaction costs the players involved a $2 transaction fee.   At the end of the season winning players from each league are announced on the web site, and every player receives physical custom trading cards in the mail of their digital playing cards with the season long fantasy statistics of the player imprinted on the back and the players' chosen team name on the front. 

...Last year, prior to offering or announcing the contest, Grid Iron received opinion letters from two law firms that the current contest was not gambling in any state because no prizes are awarded. 

...Shortly after the contest was announced last year, the client was approached by BETDUCK.COM, an online sports wagering site to promote the BETDUCK.NET and BETDUCK.COM sites. ...  The promotion with Grid Iron was to offer BETDUCK.NET and BETDUCK.COM banner adds with current play for free wagering lines in the banner advertisements. 

...The contest is identical to the current contest, however, at the end of the season, the winners of each premium league are entered into a random drawing to receive travel, lodging and two tickets to the NFL Super Bowl, and the physical players cards the winner receives at the end of the season will be signed by the actual NFL players. 

...For example, the entry may have the following players (quarterbacks) pre-listed, Tom Brady, Peyton Manning, Aaron Rogers, Mark Sanchez, Brett Favre, Drew Brees, Joe Flacco, Jay Cutler, Matt Ryan, Matt Stafford, Eli Manning, Donovan McNabb, Carson Palmer, Philip Rivers, Tony Romo, and Vince Young. ...  For example, if a player selects the correct order of the NFL player with the highest score, the third highest score and the lowest score, they would have an entry score of 31 points (16 for the highest scorer, 14 for the third highest, and 1 for the lowest).   Each week the player with the highest score wins 80% of the value of the total entries for the week (if more than one player has the highest score, then the pot is split evenly among the winners).   In order to participate in the Quick Pick Weekly Fantasy Game a player must be part of a season long fantasy league with Grid Iron. 


...Specifically, they want to know whether or not continuing to run the BETDUCK.NET and BETDUCK.COM advertisements will violate any federal gambling laws or whether running such advertisements is protected commercial speech. 

...The legal department is less enthusiastic and asks to let them know if there are any criminal gambling law risks with the Quick Pick Weekly Fantasy Game that are not present in the basic fantasy sports contest they have been running for the past year. 
]]></content:encoded></item><item><title>Poll 3</title><dc:creator>ggemignani@gmail.com</dc:creator><category>None</category><dc:date>2010-03-07T18:23:46-08:00</dc:date><link>http://www.federalgaminglaw.com/page6/files/7ce8712690bd8daf11f112408cabfb89-12.html#unique-entry-id-12</link><guid isPermaLink="true">http://www.federalgaminglaw.com/page6/files/7ce8712690bd8daf11f112408cabfb89-12.html#unique-entry-id-12</guid><content:encoded><![CDATA[<div style="text-align: right; width: 170;"><form action="http://www.free-website-polls.com/poll.php" method="POST"><table width="170" cellpadding="2" cellspacing="0" border="0" style="background-color: none; border: 1px #333333 solid;">


<tr><td align="center" colspan="2" style="color: #000000; font-family: Verdana; font-weight: bold;">Who should regulate online gaming?

...<tr><td><input type="radio" name="answer[]" id="answer220544" value="220544"></td>


<td width="100%"><label for="answer220544" style="color: #000000; font-family: Verdana;">International Body</label></td></tr>


<tr><td><input type="radio" name="answer[]" id="answer220545" value="220545"></td>


<td width="100%"><label for="answer220545" style="color: #000000; font-family: Verdana;">Federal Government</label></td></tr>


<tr><td><input type="radio" name="answer[]" id="answer220546" value="220546"></td>


<td width="100%"><label for="answer220546" style="color: #000000; font-family: Verdana;">State Governments</label></td></tr>


<tr><td><input type="radio" name="answer[]" id="answer220547" value="220547"></td>


<td width="100%"><label for="answer220547" style="color: #000000; font-family: Verdana;">Industry Self-regulation</label></td></tr>


<tr><td colspan="2" align="center">


<br><input type="submit" value="Vote" style="border: 1px #333333 solid;"><br><br>


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<input type="hidden" name="poll_id" value="78817"></td></tr>


</table><center><a href="http://www.free-website-polls.com" style="display: block; margin-top: 3px; font-size: 11px;">Free poll from Free Website Polls</a></center></form></div>]]></content:encoded></item><item><title>Poll 2</title><dc:creator>ggemignani@gmail.com</dc:creator><category>None</category><dc:date>2010-03-07T19:22:17-08:00</dc:date><link>http://www.federalgaminglaw.com/page6/files/bba12f1b8f6a1759805fdeebf440bde0-11.html#unique-entry-id-11</link><guid isPermaLink="true">http://www.federalgaminglaw.com/page6/files/bba12f1b8f6a1759805fdeebf440bde0-11.html#unique-entry-id-11</guid><content:encoded><![CDATA[<div style="text-align: right; width: 170;"><form action="http://www.free-website-polls.com/poll.php" method="POST"><table width="170" cellpadding="2" cellspacing="0" border="0" style="background-color: none; border: 1px #333333 solid;">


<tr><td align="center" colspan="2" style="color: #000000; font-family: Verdana; font-weight: bold;">Should online gaming be regulated?  <br><br></td></tr>


<tr><td><input type="radio" name="answer[]" id="answer122" value="122"></td>


<td width="100%"><label for="answer122" style="color: #000000; font-family: Verdana;">yes</label></td></tr>


<tr><td><input type="radio" name="answer[]" id="answer123" value="123"></td>


<td width="100%"><label for="answer123" style="color: #000000; font-family: Verdana;">no</label></td></tr>


<tr><td colspan="2" align="center">


<br><input type="submit" value="Vote" style="border: 1px #333333 solid;"><br><br>


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</table><center><a href="http://www.free-website-polls.com" style="display: block; margin-top: 3px; font-size: 11px;">Free poll from Free Web Polls</a></center></form></div>]]></content:encoded></item><item><title>Poll 1</title><dc:creator>ggemignani@gmail.com</dc:creator><category>None</category><dc:date>2010-03-07T19:22:34-08:00</dc:date><link>http://www.federalgaminglaw.com/page6/files/08535555e87d79317639ca8c5a24c870-10.html#unique-entry-id-10</link><guid isPermaLink="true">http://www.federalgaminglaw.com/page6/files/08535555e87d79317639ca8c5a24c870-10.html#unique-entry-id-10</guid><content:encoded><![CDATA[<div style="text-align: right; width: 170;"><form action="http://www.free-website-polls.com/poll.php" method="POST"><table width="170" cellpadding="2" cellspacing="0" border="0" style="background-color: none; border: 1px #333333 solid;">


<tr><td align="center" colspan="2" style="color: #000000; font-family: Verdana; font-weight: bold;">Should online gaming be prohibited under federal law?  <br><br></td></tr>


<tr><td><input type="radio" name="answer[]" id="answer122" value="122"></td>


<td width="100%"><label for="answer122" style="color: #000000; font-family: Verdana;">yes</label></td></tr>


<tr><td><input type="radio" name="answer[]" id="answer123" value="123"></td>


<td width="100%"><label for="answer123" style="color: #000000; font-family: Verdana;">no</label></td></tr>


<tr><td colspan="2" align="center">


<br><input type="submit" value="Vote" style="border: 1px #333333 solid;"><br><br>


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