Industries

Gaming

The gaming industry faces a unique spread of challenges. Our multidisciplinary gaming team has decades of experience helping clients across the country and around the world navigate them.

We offer across-the-board legal services to land-based and mobile gaming and racing clients in every corner of the industry—from owners, operators, manufacturers, and investors to online entrepreneurs. We also represent companies who do business with casinos and must comply with the industry's complex regulatory structure.

Our attorneys are experienced in guiding clients through the complex network of federal, state, tribal, and local gaming laws, and we are fully prepared and ideally situated to litigate disputes, when necessary. The team comprises lawyers with gaming-specific industry experience in regulatory licensing and approvals, mergers and acquisitions, real estate investment and development, intellectual property protection, data security, anti-money laundering, land use, labor and employment, tax matters, and government relations.

With offices across the country—including in Nevada, New Jersey, and Pennsylvania—the firm combines national strength with regional market knowledge.

The team includes the former chairman of the Nevada Gaming Commission and International Association of Gaming Regulators; the former General Counsel to two prominent gaming companies in Nevada and New Jersey; a former Justice of the New Jersey Supreme Court; a former Pennsylvania First Deputy Attorney General; and Gaming Compliance Committee members of leading developers, owners, and operators of casinos and related hotel and entertainment facilities.

Permitting and Licensing

As legalized gambling becomes more common—and the venues more diverse—owners and operators face a growing stack of jurisdiction-specific laws and regulations. We regularly appear before state gaming and racing regulatory agencies and have successfully cleared licensing hurdles and obtained regulatory approvals for gaming owners, operators, manufacturers, investors, landlords, and other industry participants.

Financing

We work with federal, state, and local governments and private-sector developers, investors, and lenders to structure innovative public-private partnerships and debt-financing vehicles. We are known for our work in financing and restructuring and come equipped with the industry knowledge critical to successful outcomes.

Compliance, Investigations, and Litigation

Scrutiny of the industry has never been higher, and penalties can put you out of business. Compliance requires vigilance as well as a considerable understanding of complex and intersecting federal, state, local, and tribal laws. We advise on gaming-related compliance and governance matters, including those involving anti-money laundering requirements under the Bank Secrecy Act and federal and state privacy and data security laws.

Should an issue arise, the team has significant experience conducting internal examinations and defending clients in investigations by state gaming boards and federal agencies, including the SEC, the U.S. Departments of Labor, Treasury, and Justice; and the IRS. Our national Litigation Department includes teams with specific experience in white collar defense, anti-money laundering, bankruptcy, labor and employment, blockchain technology and cryptocurrency, antitrust, securities, and insurance litigation.

Government Relations

We have advanced gaming proposals at the legislative, regulatory, and policy levels. Our group includes former appointees to local, state, and federal government posts and frequently acts as liaison to regulators and public stakeholders, helping structure solutions to issues ranging from regulatory and policy development to employment concerns and economic development matters.

Tribal Gaming

We have served as outside general counsel for the Yavapai-Prescott Indian Tribe since 1992, advising them on a wide range of gaming issues. We represent non-Indian businesses on commercial issues involving gaming in Indian country. We have tracked, written, and advised on issues involving the National Indian Gaming Commission, Congress, and the courts.

Mergers and Acquisitions

We have represented owners, operators, developers, and investors in the acquisition, spin-off, and sale of casinos and other gaming-specific assets. Our work also includes structuring of leasing arrangements to independent operators.

Intellectual Property

We develop and implement global branding protection and enforcement strategies involving trademarks, copyrights, trade secrets, domain names, trade dress, advertising, and right of publicity.

Real Estate and Tax

The gaming team frequently calls upon members of the firm's national real estate practice to advise gaming clients on issues involving zoning and land use, environmental remediation, development, leasing, and real estate-specific financing. We counsel clients on all aspects of tax law, helping them make the most of every possible tax benefit and avoid potential risk. In addition, we are industry leaders on Qualified Opportunity Zones.

Labor and Employment

We have a full-service Labor and Employment Group with significant gaming experience. Our work includes labor-management relations and compliance with wage-and-hour, accessibility, and safety laws. We conduct diversity and anti-harassment training, investigate and help clients respond to allegations of misconduct. And we are experienced in matters involving immigration law.

Experience

Serves as general outside legal counsel to one of America's largest gaming operators, representing the company in nearly every aspect of its operations, including corporate licensing, regulatory compliance and gaming expansion approvals nationwide, securities and corporate governance matters, corporate finance, real estate, executive compensation, intellectual property, privacy and data security, labor and employment, and certain litigation matters.
Advised a leading gaming REIT in its formation documents, the regulatory review and approval of its lease agreements, real estate acquisitions and financing activities, the due diligence involving certain real property transferred to the company, and the licensing and investigation of company and its directors, officers and key personnel. We have advised the company in various jurisdictions throughout the United States of America, including, but not limited to, Illinois, Indiana, Iowa, Kentucky, Louisiana, Michigan, Mississippi, Missouri, Nevada, New Jersey, Ohio, Pennsylvania, and West Virginia.
Advised a leading gaming operator on the multi-jurisdictional regulatory outreach, strategy, and approvals for an acquisition of a large casino merger.

Represented a leading gaming regulator in corporate licensing and approvals for a branding agreement for an internet casino site in New Jersey.
Represented internet and sports betting operators and their strategic marketing partners in the negotiation of affiliate marketing agreements and the corresponding licensing requirements in jurisdictions across the U.S.
Represented a cutting-edge developer of slot machine equipment to improve the collection and quality of player data and integrate physical slot machine equipment with digital wallets on multi-jurisdictional licensing and regulatory compliance matters.
Represented a leading technology provider on licensing and regulatory compliance matters in connection with the development of sports betting platform technology and investments in sports betting operators.
Represented equity holders and debtholders in leading multijurisdictional U.S. gaming operators on regulatory and licensing approvals in connection with obtaining and maintaining institutional investor waiver and other approvals.
Represented a leading gaming REIT on several transactions related to a large casino merger including ongoing regulatory compliance matters.
Represented a gaming and hospitality company in corporate licensing, regulatory compliance and gaming expansion approvals in Pennsylvania.
Represents a gaming REIT on their regulatory approvals in connection to their spinoff from a large gaming operator. We have represented the company in Pennsylvania, New Jersey and Maryland in regards to licensing and regulatory compliance matters.
Represents a large media holding company and served as its gaming regulatory and licensing counsel with respect to providing the company, its officers and directors with advice and counsel related to their obtaining the various gaming regulatory approvals necessitated as a result of acquiring a material interest in a large gaming operator. The project required gaming regulatory approvals or notifications required in numerous jurisdictions, including 14 states.
Represents a hospitality company in their gaming and liquor licensing matters in its operation of a chain of taverns with slot machines in Southern Nevada. We advise regularly on all aspects of licensing, including state and local gaming, and local liquor and land use matters. In 2020 we have worked closely with the company and relevant regulators to respond to the unique COVID-19 restrictions that have impacted slot machine placement in taverns and closure orders specifically targeting bars.
Represented a gaming equipment and financial services provider in Pennsylvania for many years in regards to Pennsylvania Gaming Control Board licensing and regulatory compliance matters.
Represented a Pennsylvania gaming owner and operator before the Pennsylvania Gaming Control Board in its application for a unique category of Pennsylvania casino licensee restricted to “well-established resort hotels.” Based on our representation, the Pennsylvania Gaming Control Board agreed that our client qualified as a “well-established resort hotel” and the Pennsylvania Supreme Court affirmed the licensing decision on appeal. Ballard Spahr continues to represent the operator in regards to Pennsylvania Gaming Control Board regulatory compliance matters.
Represented a private equity investor and their partners in their successful bid on a reissued Pennsylvania casino license. We advised our clients with respect to the auction process, the gaming regulatory and licensing process, and the overall corporate organizational structure of the project to ensure compliance with various regulatory requirements.
Represented a Nevada gaming operator in a transaction involving the proposed purchase of the assets of a casino property from a related party. We also represented the client in the purchase and sale of outstanding shares and promissory notes by two related parties and their affiliates.
Advised multiple gaming clients on the impact of COVID-19 closures on their properties and tracked re-opening dates by jurisdiction. We provided advice to gaming clients on the impacts of government shutdown orders and helped them restructure their corporate organization, corporate debt, and corporate financing.
Serves as a member of the Gaming Compliance Committee of a Nevada-based international gaming technology company and a Nevada gaming operator, advising senior management on regulatory issues and matters such as material transactions, material financings, material litigation, regulatory filings and submissions, regulatory actions, alleged acts of wrongdoing, and the hiring of new officers, employees, or professional advisers. We also serve as a liaison to senior-level state gaming regulators.
Successfully defended three prominent casino resorts in a class action brought against all of the major resorts on the Las Vegas Strip, alleging violations of the federal Internet Tax Freedom Act arising out of the resorts’ collection of tax from guests on the portion of resort fees allocable to in-room internet services. The team obtained a dismissal at the trial court level, the plaintiffs appealed, and the Nevada Supreme Court affirmed the dismissal of the case.