American Indian & Federal Gaming Law

UNLV Boyd School of Law - Spring 2016

2016 Client Hypothetical


A senior partner at your law firm calls you to answer the following e-mail: while he is out
From: Gaduare, Guy
Date: Tuesday, March 25, 2014 at 2:33 PM
To: "Alexander S. Smith”
Subject: RE: Site Terms and Bank Letter for NCAA Tournament Site

Al, I am out of the office, but I sent this to our top associate that is familiar with contests like yours and it will be handled quickly and professionally. If you have any problems, let me know. However, it may take some time to get back to you, as internet and phone service in Bimini is spotty,
From: "Alexander S. Smith”
Tuesday, March 25, 2014 at 6:33 AM
To: " Gaduare, Guy
Subject: Site Terms and Bank Letter for NCAA Tournament Site

Our marketing team has been looking at a site and we want to do the same thing but with a lot more savvy and presence. Given that the NCAA tournament is already ½ over, we are going to run it from the sweet 16 on and make the entry fee $150. Given that that other site has run for 14 years without incident, we think it is skill based and fits our overall portfolio.
We need rules and a UIGEA reasoned opinion for the banks ASAP. Given the simplicity of the logic we’ll have the site up Thursday morning, so we need the rules ASAP, and the opinion by Friday.
I know you are primarily our tax attorney, but I know your firm has a few contest experts and online UIGEA experts.
Thanks Al.

Hypothetical 2

Client A has engaged your firm to revise federal gaming laws. Client A has a substantial investment in domestic and international brick and mortar gaming establishments; however, Client A sees the domestic market as saturated and somewhat stagnant. Client A believes that revising the antiquated federal laws may be a way to revitalize the market by removing some impediments to operations that are not relevant to modern times while modernizing federal law to more effectively address the billions of dollars being extracted from the market by unlicensed online gaming and off-shore gaming operators currently operating in violation of U.S. law.

They have come to you for suggestions in formulating a strategy.