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IMGL 2019 Spring Conference

 

Conference Schedule

 

Wednesday, March 27

3:30 pm – 5:30 pm
IMGL MEMBER MEETING

 

6:00 pm – 8:00 pm
OPENING RECEPTION
Windsor Court Balcony

 

Thursday, March 28
Morning Sessions

9:00 am – 9:10 am
WELCOME AND CONFERENCE OVERVIEW

Jamie Nettleton, IMGL President

 

9:10 am – 9:30 am
Keynote Speaker:

Jim Allen, Chairman of Hard Rock International and Chief Executive Officer of Seminole Gaming

 

9:30 am – 10:30 am
Sport Leagues Entitlement

The “Professional and Amateur Sports Protection Act of 1992,” known as PASPA, was one of the most controversial federal gambling statutes on the books. In Murphy v. National Collegiate Athletic Association, the Supreme Court, in a 7-2 decision that PASPA violated the 10th Amendment to the U.S. Constitution and was stuck down in its entirety.

The controversy over sports betting could now pivot from whether it was legal for states to offer sports betting, to whether they should legalize sports wagering how they should go about regulating it.

In response besides Nevada which was exempt from PAPSA, seven states Delaware, Pennsylvania, Rhode Island, New Jersey, West Virginia, New Mexico and Mississippi, have authorized sports wagering.

This discussion concentrates on a single, but significant issue. Should state-authorized sports book operators be required to share revenue with the sports leagues and athletes that they derive from sports wagering, whether they be classified as a royalty fee, an integrity fee or a data fee. The leagues support imposition of such fees. They first proposed the fees in Indiana in 2018, but no states that have authorized sports wagering have adopted them.

Moderator: Tony Cabot, Distinguished Fellow of Gaming Law, UNLV Boyd School of Law, USA
Panelists:

Keith Miller, Professor of Law, Drake University Law School, USA
Kevin P. Braig, Attorney at Shumaker, Loop & Kendrick LLP, USA
Art Manteris, VP Race & Sports Operations, Red Rock Resorts, USA
David Zeffman, Partner, CMS, UK

 

10:30 am – 12:00 pm
E-Sports: Emerging Trends and Regulation Issues & Hybrid Games: Issue of Attracting Millennials

This panel will discuss Esports as it becomes an international largely unregulated phenomenon.  What are the emerging esports trends?  Should esports be regulated?  If regulated, by whom?  What are the dangers and pitfalls? Does the November 2, 2018 Memorandum Opinion on the application of the Wire Act have an impact on online esports?  These and other state of the esports industry issues will be discussed by a panel of esports experts. This panel will also discuss & review the legal criteria for skill based gaming machines in North America, why they are so popular & appealing to millennials. The panel will also consider the challenges faced by manufacturers of skill based machines & the potential opportunities that await them, if they are successful. The key question for the panel to answer is -will skill based machines be the wave of the future similar to the poker phenomena that swept the gambling world earlier this century?

The panel will discuss the ongoing controversies and tensions between states and tribes over player banked card games.  Player banked games have exploded in Florida over the past several years and these games have a long history in California and are a part of the approved regulatory framework in California.  In California the cardrooms are in many cases some of the biggest taxpayers to local municipalities, tax dollars going to support local police, fire and schools.  The issue which has been and is the subject of state and federal litigation potentially disrupts over tens of millions of dollars in taxes paid annually by cardroom operators in California while tribal casinos are exempt from the same taxes.  In Florida the tribal casinos have historically pay hundreds of millions of dollars to the state and does this activity create a cloud over such payments.   Panel participants include individuals who have been on the front lines of these issues representing tribes, table game manufacturers and card room operators who will debate this hot button issue.

Moderator: Kate Lowenhar-Fisher, Member, Dickinson Wright PLLC, USA
Panelists:

Darrell Miers, Owner, Arise LLC, USA
Jason Seelig, President, Banyan Gaming LLC, USA
Derek Smith, Director Compliance, Scientific Games, USA
Martin Lycka, Director of Regulatory Affairs, GVC, UK


12:00 pm – 1:15 pm
IMGL Luncheon

The Gallery

 

Thursday, March 28
Afternoon Tracks 

1:30 pm – 2:30 pm
Track 1: Navigating clients through disciplinary investigations and proceedings

In a privileged license industry, disciplinary investigations and proceedings present unique challenges in helping clients balance the need to preserve important working relationships with regulators while protecting the legal rights and business interests of the licensee.

Moderator: Dan Reaser, Director, Fennemore Craig, P.C., USA
Panelists:
Britt Singletary, Singletary & Thrash, P.A., USA
William Bogot, Fox Rothschild, LLP, USA
James Deutsch, Blitz Bardgett & Deutsch, L.C., USA
Frank Donaghue, Chief Compliance Officer, Penn National Gaming, Inc., USA
Jeremy Kleiman, Member, Saiber LLC, USA

 

Track 2: Sports Betting: Tribal & Commercial Issues 

Experts from different gaming industry sectors will explore the multiple crossover regulatory and legal issues involved in the interplay between federal laws, including the Unlawful Internet Gambling Enforcement Act, the Wire Act, and Indian gaming under IGRA, and state-regulated sports wagering in the US. The panel will focus on what efforts are being made to address questions like: what is  a “business of betting or wagering” for purposes of federal law, where is sports wagering gaming “conducted” for purposes of US law, what constitutes the legal situs of server-based gaming, does the patron’s physical location make a legal difference, is proxy play permitted, can state i-gaming/sports wagering laws include regulation of tribal i-gaming/sport wagering operations conducted on Indian lands, what will be the impact on tribal gaming compacts and revenue sharing provisions, how will gaming system designs be impacted and more.   

Moderator: Kevin Quigley, Attorney / Consultant, Foley & Quigley PLC, USA
Panelists:

Suzanne P. Leckert, Managing Partner, Convergence Strategy Group, USA
Joseph Grad, Principal, Law Office of Joseph Grad, USA
Tommy Shepherd, Partner, Jones Walker, USA

 

2:30 pm – 3:30 pm
Track 1: Sports Betting: Lessons the USA Can Learn From Europe

This panel will outline the pitfalls in the regulation of US sports betting based on the experience of sports betting having been regulated in Europe and elsewhere for many years. Whereas the US is swinging rapidly from a position of sports betting being a 'cardinal sin' to a regulatory 'free for all', the trend elsewhere is very much in the opposite direction. What lessons can the US operators and regulators learn from Europe?

Moderator: TBD

 

Track 2: Gaming, Elected Officials and the Media

As populism continues to have a foothold in governments across the world, it becomes ever more important for the gaming industry to stay involved to defend itself.   This panel will discuss the restrictions on gaming businesses in electoral activity and in media with a guide to how gaming businesses can participate in both and insure a continued vibrant gaming industry. 

Moderator: Marc Dunbar, Dean Mead, USA
Panelists:

Kelly Duncan, Partner, Jones Walker, USA
 

3:30 – 3:45 pm
Networking Break

 

3:45 pm – 4:45 pm
Track 1: Current Compliance Challenges in the Gaming Industry

Compliance Risk/Reward

Cultivating a Culture of Compliance FROM THE TOP DOWN.  Revenue must NOT compromise BSA/AML deficiencies and risk.  We have seen this happen in the recent past with some big name casinos. Fines are increasing through FinCen.  How do we view FinCen as an Industry? 

Should hacking of casino data fall under compliance in the near future to include a check off list? 

Tribes and Marijuana

The Cannabis industry is expected to grow by up to 700% by 2020.  Estimates are that the market will be worth $50 billion by 2026.  There have been raids on Tribal Land Operations which cool the enthusiasm.  Marijuana is a schedule I drug under federal law.  28 states permit medical marijuana.  Hemp which comes from Marijuana contains minimum levels of THC.  Tribes have a direct government to government relationship with the U.S. If a state prohibits an activity, tribes within its borders are forbidden from partaking.  If a state regulates an activity tribes are allowed to craft their own rules.  How do tribal casinos (which are heavily regulated) conduct due diligence on regulated medical medical marijuana businesses that utilize profits to gamble?

Moderator: Gordon Dickie, Executive Director of the Seminole Tribal Gaming Commission, Seminole, USA
Panelists:

Thomas Auriemma, Member, Compliance Committee, Penn National Gaming, USA
Douglas Florence, Qualified Manager , Douglas Investigative Group, USA
John McManus, Executive VP, General Counsel and Secretary, MGM Resorts International, USA
Tracey White, Vice President of Casino Finance, Seminole Hard Rock, USA
Luke Orchard, SVP Chief Compliance and Risk Management Officer, IGT, USA

 

Track 2: Cardroom and Tribal Issues

The panel will discuss the ongoing controversies and tensions between states and tribes over player banked card games.  Player banked games have exploded in Florida over the past several years and these games have a long history in California and are a part of the approved regulatory framework in California.  In California the cardrooms are in many cases some of the biggest taxpayers to local municipalities, tax dollars going to support local police, fire and schools.  The issue which has been and is the subject of state and federal litigation potentially disrupts over tens of millions of dollars in taxes paid annually by cardroom operators in California while tribal casinos are exempt from the same taxes.  In Florida the tribal casinos have historically pay hundreds of millions of dollars to the state and does this activity create a cloud over such payments.   Panel participants include individuals who have been on the front lines of these issues representing tribes, table game manufacturers and card room operators who will debate this hot button issue.

Moderator: John Roberts, Executive Director Tribal Gaming Commission at Nottawaseppi Huron Band of the Potawatomi, USA
Panelists:

Joe Webster, Managing Partner, Hobbs, Straus,Dean & Walker, LLP, USA
Kyle Kirkland, Owner, Club One Casino, USA
Scott Crowell, Crowell Law Office Tribal Advocacy Group, USA

 

6:00 pm – 10:00 pm
GALA DINNER
Brennan’s

 

Friday, March 29
Morning Track Sessions

9:25 am – 9:30 am
WELCOME
Jamie Nettleton, IMGL President


9:30 am – 10:30 am
Track 1: The advertising of games of chance in Europe

Regulators and advertising authorities are trying to restrict and regulate advertising campaigns more than ever; huge fines have been imposed in cases of infringement and there is a noticeable trend that if one jurisdiction starts to tighten that regulation others follow. Italy was the first to consider a total ban on gambling advertising. Other European jurisdictions seem willing to follow this approach or tighten their controls on advertising. The UK’s Advertising Standards Agency and Committees of Advertising Practice, for example, most recently published a list of new standards for the protection of minors from irresponsible gambling adverts. The industry is trying to respond by way of self-regulation. Is self-regulation the way to go? Will we see similar developments in the US?

Moderator: Joerg Hofmann, Senior Partner, MELCHERS Law Firm, Germany
Panelists:

Birgitte Sand, Director of the Danish Gambling Authority (DGA), Denmark
Juan Espinosa García, General Director/CEO, Directorate General for Gambling Regulation, Spain
Stephen Ketteley, Partner, Wiggin, UK
Quirino Mancini, Global Head of Gaming & Gambling Practice, Tonucci & Partners, Italy
Sean McGuinness, Partner, Butler Snow, USA

 

Track 2: The impact of labor unions, employment laws such as FMLA and ADA, and the impact of laws that favor labor unions.

Moderator: Carl Sottosanti, General Counsel of Penn National Gaming, Inc., USA
Panelists:
TBD

 

10:30 am – 11:00 am
NETWORKING BREAK


11:00 am – 12:00 pm
Track 1: Are Slot Machines Inherently Deceptive?

Legal action was brought unsuccessfully in Australia recently alleging that certain slot machine games were misleading in failing to disclose properly the risks associated with game play. Numerous legal claims are made against gambling operators seeking to recover losses suffered. In many cases, the claims are brought by or on behalf of problem gamblers. This panel will assess these claims and how operators can mitigate the risks of claims being made. Panelists will address this issue from the perspective of different jurisdictions and different gambling products include slot machines and sports betting, terrestrial and online.

Moderator: Kevin J. Weber, Partner, Dickinson Wright LLP, USA
Panelists: TBD

 

Track 2: Data Privacy

You have just learned that your gaming operation experience a data breach! Whether hackers took personal information from your corporate server, an insider stole customer information, or information was inadvertently exposed on your company’s website this panel will discuss…what to do in the first hours after a breach, in the weeks following a breach and game plan for handling these types of issues.  The panel will look at these problems from three different perspectives:  in-house lawyers, outside lawyers and regulators. 

Moderator: Donna More, Partner, Fox Rothschild LLP, USA
Panelists:

Chad Hoehne, CEO, Table Trac, USA

 

12:00 pm - 1:15 pm
IMGL Luncheon

The Gallery

 

Friday, March 29
Afternoon Discussion Groups

ROUND ONE
1:30 pm – 2:45 pm
 

Track 1: Where Sexism Stands in the Gaming Industry

This discussion group will discuss women working in the gaming industry and media, especially those who are outspoken about gender equality in the industry’s notoriously unbalanced workforce – which, according to the most recent Independent Game Developers Association survey, is 79% male. Do company's need to change its work culture? If so, what needs to be changed? How can this be accomplished? After all, we are going to see a lot more women in the industry - esports as an example - in the years to come, and we must embrace and support their inclusion and success.  What are some actions the industry can take to achieve a brighter future?

Facilitators:
Connie Jones, Director of Responsible Gaming, Association of Gaming Equipment Manufacturers (AGEM), USA

 

Track 2: Wire Act – Recent Issues

State lotteries, mega jackpots, online poker sites and contracts among state for liquidity purposes, to mobile gaming. Does the transmission at some point cross state lines to help facilitate the wager?  This also impacts those social gaming sites that might be engaged in illegal gambling, to include bookmaking. 

Facilitators:
Marc Ellinger, Principal, Ellinger and Associates, LLC, USA
John K. Maloney, Owner, The Law Offices of John K. Maloney, USA
Robert Stocker, Member, Robert Stocker PLLC, USA

 

2:45 pm – 3:00 pm
NETWORKING BREAK

 

ROUND TWO
3:00 pm – 4:15 pm

 

Track 1: Where Sexism Stands in the Gaming Industry

This discussion group will discuss women working in gaming industry and media, especially those who are outspoken about gender equality in the industry’s notoriously unbalanced workforce – which, according to the most recent Independent Game Developers Association survey, is 79% male. Do company's need to change its work culture? If so, what needs to be changed? How can this be accomplished? After all, we are going to see a lot more women in the industry - esports as an example - in the years to come, and we must embrace and support their inclusion and success.  What are some actions the industry can take to achieve a brighter future?

Facilitators:
Connie Jones, Director of Responsible Gaming, Association of Gaming Equipment Manufacturers (AGEM), USA

 

Track 2: Wire Act – Recent Issues

State lotteries, mega jackpots, online poker sites and contracts among state for liquidity purposes, to mobile gaming. Does the transmission at some point cross state lines to help facilitate the wager?  This also impacts those social gaming sites that might be engaged in illegal gambling, to include bookmaking. 

Facilitators:
Marc Ellinger, Principal, Ellinger and Associates, LLC, USA
John K. Maloney, Owner, The Law Offices of John K. Maloney, USA
Robert Stocker, Member, Robert Stocker PLLC, USA

 

4:15 pm – 4:30 pm
CLOSING REMARKS

Jamie Nettleton, IMGL President  

 

5:30 pm – 7:00 pm
CLOSING RECEPTION
Tableau

Sponsored by Jones Walker