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Wire Act Update: Practical Implications of the DOJ’s Reversal on What Constitutes Illegal Online Gambling

Practising Law Institute

1:00 pm EST

James G. Gatto
Daniel E. Schnapp
Christine L. Swanick 

Never in the history of the U.S. has there been such rapid change in the gambling laws. The recent DOJ decision overturning its 2011 memo on the Wire Act is just the latest in this wave of activity. This follows closely on the heels of the U.S. Supreme Court’s decision to strike down as unconstitutional PASPA (the Professional and Amateur Sports Protection Act) and the various state laws authorizing fantasy sports and online poker and other online gambling activity.  The DOJ’s expansion of the scope of prohibitions under the Wire Act also broadens the scope of UIGEA, which has an impact on financial transaction providers.  Billions of dollars are at stake. But does this recent opinion deflate these opportunities?

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