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Saturday, September 19, 2015
 
State of Massachusetts Is Investigating DraftKings; What Will They Look At?

On Friday, Daniel Wallach and Justin Fielkow offered an extensive analysis of the Commonwealth of Massachusetts opening an investigation against the daily fantasy sports operator, DraftKings. Over on Forbes, I offer my own analysis and highlight six areas on which this investigation may focus.  These areas include the following: (1) compliance with Massachusetts state gambling law; (2) compliance with federal gambling law (because DraftKings is a Mass. company); (3) whether DraftKings's "100% legal" warranty is misleading; (4) whether DraftKings sufficiently blocks users in states of known illegality; (5) whether DraftKings takes proper precautions to block minors from its website; and (6) whether the DraftKings/Major League Baseball partnership facilitates the fixing of game results and sharing of insider information.

The full Forbes article is available to be viewed here.  For a more detailed discussion of the legality of daily fantasy sports, the following law review resources are also available:

1.  A Short Treatise on Fantasy Sports and the Law (Harvard Journal of Sports & Entertainment Law)

2.  Navigating the Legal Risks of Daily Fantasy Sports (University of Illinois Law Review).

3.  The Legal Status of Fantasy Sports in a Changing Business Environment (Northern Kentucky Law Review).





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