A Town Hall Discussion on Sports, Gambling and Online Sports Gambling

A Town Hall Discussion on Sports, Gambling and Online Sports Gambling


Thursday, March 17, 2016 - 5:00pm


Room 282

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In the last few years, the Internet has introduced the concept of “gaming” in a whole new way.  The days of online poker are gone.   The idea of setting up a fantasy sports league and playing with your friends across the length of a given professional season, has, in some sense, become obsolete.

The last few years have led to the rise of “Daily Fantasy Sports.”  A billion dollar industry has spawned out of more traditional fantasy sports into a market in itself.  In the last six months the industry has been under scrutiny for legal issues across a number of practice areas:

  1. Advertising (issues involve amount of advertising and deceptive messaging)
  2. Consumer Protection (misleading consumers on probability of success)
  3. Lanham Act and Rights of Publicity (misappropriation of names and image)
  4. Tax (what law to apply)
  5. Regulatory and Policy (Lotteries, Betting Pools and Games of Skill v. Chance)
  6. Gaming and Gambling (how to classify and where to get help)

Varied state and federal laws further complicate these issues.  The discussion will include issues regarding Professional and Amateur Sports Protection Act of 1992 (PASPA), The Unlawful Internet Gambling Enforcement Act of 2006 (UIGEA), and the current national landscape of litigation.

The discussion should serve, educators, lawyers, policy-makers, journalists, and the general public.

“The daily fantasy industry is projected to see $3.7 billion in entry fees in 2015, according to a September study by Eilers Research LLC. That number is expected to reach $17.7 billion in 2020, Eilers said.” Bloomberg Business, Oct. 27, 2015.

“Fantasy sports is pretty much a part of mainstream culture now in our country . . . it should be regulated . . .’” Boston Globe, Oct. 20, 2015.  (quoting Patriots President Jonathan Kraft in a radio appearance from 98.5 WBZ-FM).

Brought to you by the Sports & Entertainment Law Institute and the Sports and Entertainment Law Society

Introductory Remarks

Alexandra J. Roberts, Assistant Professor of Law at UNH School of Law

Alexandra J. Roberts is an Assistant Professor at the University of New Hampshire School of Law.  She teaches and writes in the areas of intellectual property, trademarks and unfair competition, entertainment law, and law and literature.  Her current scholarship focuses on trademark distinctiveness generally and trademark use on social media in particular.

Professor Roberts holds an AB from Dartmouth College, an AM from Stanford University, and a JD from Yale Law School.  She previously served as the Executive Director of the Franklin Pierce Center for Intellectual Property at UNH Law and as a Visiting Assistant Professor at Boston University School of Law.  Prior to entering academia, she was an associate in the intellectual property litigation group at Ropes & Gray, first in its New York and then in its Boston office.  Professor Roberts serves on the academic committee of the International Trademark Association.


Paul Kelly, Principal at Jackson Lewis, P. C.

Paul Kelly is a Principal of Jackson Lewis, P.C.  He serves as Chair of the firm’s White Collar & Government Enforcement practice group, Co-Chair of the firm’s Collegiate & Professional Sports Industry practice group.  Mr. Kelly has extensive experience in white collar matters, crisis management, internal investigations, and complex civil litigation.  He also has a background working in executive positions within college and professional sports. 

Mr. Kelly was an Assistant U.S. Attorney for the District of Massachusetts for 10 years, during which time he investigated and prosecuted a wide array of federal criminal violations, including racketeering, fraud, tax evasion, and public corruption.  Upon leaving the Department of Justice, he focused his criminal practice on defending companies, business executives and others in grand jury investigations and government enforcement actions.  He also has significant experience as a civil litigator, including the defense of one of the passenger screening companies in lawsuits filed in the aftermath of the 9/11 terrorist attacks. 

In addition to his background as a trial attorney and legal advisor, Mr. Kelly has management and legal experience within collegiate and professional sports.  He served as Executive Director of the National Hockey League Players Association, representing the 740 players of the NHL.  Upon leaving the NHL, Mr. Kelly established and thereafter served as Executive Director of College Hockey, Inc., the recruiting and promotional arm of NCAA Division I men’s hockey.  He currently provides legal advice and assistance to various professional sports teams, leagues and organizations, and represents colleges and universities involved in NCAA infractions and enforcement proceedings, Title IX investigations, and other matters.  He has also defended professional and collegiate athletes in criminal cases, civil litigation and disciplinary proceedings.


Michael McCann, Director of Sports and Entertainment Law Institute at UNH School of Law

Michael McCann is a Professor of Law and the Founding Director of the UNH Law Sports and Entertainment Law Institute (SELI). SELI is part of the top-ranked Franklin Pierce Center for Intellectual Property, which offers students hands-on training and experiential opportunities in this cutting-edge area of law.

McCann is an award-winning journalist and one of the nation’s leading experts in sports law.  He is a Writer and Legal Analyst for Sports Illustrated and SI.com, for which he has authored more than 400 legal columns and investigative articles, including a record-breaking 50 columns and articles during the summer of 2014 and 150 columns and articles from April 2014 to April 2015.  McCann has broken major news stories on Josh Hamilton, Donald Sterling, Ed O’Bannon v. NCAA, Bobby Petrino, Jameis Winston, and other national sports law controversies.  McCann was also the first journalist to interview Lance Armstrong after Armstrong’s interview with Oprah Winfrey.  McCann interviewed Armstrong at his home in Austin, Texas and authored “My Dance With Lance.”  McCann also provided on-site legal analysis from the Massachusetts trial of Aaron Hernandez for the murder of Odin Lloyd and the California trial of the NCAA for the use of college players’ names, images and likenesses.  McCann is also the On-Air Legal Analyst for NBA TV and SI Now, and is a frequent commentator on TV.


Tony Batt, Senior Journalist at Gambling Compliance

A veteran Washington, D.C. reporter with 20 years' experience covering Congress, the White House and federal agencies, Tony began writing for GamblingCompliance in 2009. He has covered federal issues which have had an impact on the casino industry since 1992 when he was a reporter in the Washington, D.C. bureau of the Las Vegas Review-Journal. A graduate of the University of Missouri School of Journalism, he also earned a law degree from Texas Tech University.

Paul Connelly, Director of Licensing at the Massachusetts Gaming Commission

As MGC’s Director of Licensing, Paul Connelly is responsible for all functions related to license administration required by the Expanded Gaming Act, including licensing of all gaming establishment employees and vendors, qualification of directors and officers of gaming vendors, issuance of gaming beverage licenses, and licensing of gaming schools.

Paul is an accomplished executive with over 20 years of public and private sector experience – both domestically and internationally – developing transparent, inclusive processes; building strong public-private partnerships; and creating actionable plans to solve complex problems.  As Vice President of Global Solutions for a Massachusetts-based professional services firm, Paul led several teams of experienced consultants to help craft plans for clients to transform business processes and develop information technology strategies to modernize and increase efficiency.  As Massachusetts’ Assistant Secretary for Homeland Security, Paul exhibited leadership working with Federal, state, and local governments to define and develop programs to support strategic goals.  In particular, Paul spearheaded a number of initiatives that leveraged multi-agency / multi-jurisdictional collaboration to advance public safety including communications interoperability, critical infrastructure protection, catastrophic planning, disaster mitigation, and enhancing military support to civil authorities.

Paul is a graduate of Bowdoin College and has a Master of Arts from the Fletcher School of Law and Diplomacy where he concentrated in international security studies.

Michael Dube, Counsel at Sherman Silverstein Kohl Rose & Podolsky

Michael Dube, who has taught Amateur Sports Law at UNH Law, is an honors graduate of Rutgers College (1999) and an honors graduate of Rutgers School of Law-Camden (2002), and is admitted to practice in New Jersey, Pennsylvania, and Massachusetts.  After serving as an appellate law clerk, Mr. Dube joined Sherman, Silverstein, Kohl, Rose & Podolsky, P.A. in September 2003, representing parties in diverse areas including sports law (including the representation of top amateur and professional athletes with regard to litigation matters).  In 2006 and 2007, after just a few years of practice, he was recognized as a New Jersey Rising Star.  In 2008, Mr. Dube relocated with family to Pittsburgh, Pennsylvania and began working for a large law firm.  Mr. Dube rejoined Sherman, Silverstein in 2010.  Mr. Dube was selected for inclusion in the 2012 and 2015 New Jersey Rising Stars list.  Mr. Dube has “second chaired” three arbitral awards of $7,300,000 or more in favor of his firms’ clients, has successfully represented clients in numerous appellate courts, and has substantial expertise and experience in brief writing, and appellate practice.  He has been quoted in The Los Angeles Times, The New York Times, The Kentucky Herald-Leader, and The Thoroughbred Times, among other publications, and interviewed by television and radio stations throughout the United States in connection with breaking sports law stories.  A songwriter in his spare time, Mr. Dube has written over 250 songs, and has been a songwriter member of the American Society of Composers, Authors, and Publishers (ASCAP) since 2000.  He recently completed the music and lyrics to “For A Song,” a full-length musical about the intersection of songwriting and the law.

Marc Edelman, Associate Professor of Law at Zicklin School of Business, Baruch College at City University of New York

Marc EdelmanMarc Edelman is an Associate Professor of Law at the Zicklin School of Business, Baruch College, City University of New York. He specializes in sports law, antitrust, intellectual property, and gaming law.

Professor Edelman is cited by the media on a wide range of sports law topics, including how the Sherman Act applies to professional sports leagues, how gaming laws apply to fantasy sports contests, and the legal issues pertaining to NCAA amateurism. His publications on sports law have been cited by three Supreme Court briefs, numerous textbooks, and more than 100 law review articles.

A magna cum laude graduate of the University of Pennsylvania’s Wharton School and a cum laude graduate of Michigan Law School, Professor Edelman began his professional career by practicing antitrust and sports law with the law firms Skadden, Arps, Slate, Meagher and Flom LLP and Dewey Ballantine LLP. He has also taught on the full-time faculty at the Barry University School of Law and at Rutgers School of Law-Camden.

During the summers, Professor Edelman teaches a course on Professional Sports and the Law at Fordham University School of Law. He also writes a column on sports law for Forbes SportsMoney, and provides legal consulting to clients in the areas of intellectual property, sports law and gaming law.

Cynthia Frelund, Predictive Analytics Analyst at ESPN

Frelund is ESPN’s Predictive Analytics Analyst.  She reports on daily fantasy sports, identifying statistical outcomes for upcoming games using predictive analytics.  Frelund describes her work as similar to “Moneyball,” she uses personally created proprietary algorithms developed from past sports data to show likely future outcomes.

Frelund has previously worked for Disney/ABC, the National Football League, and Fusion Finance.  She is a Boston College graduate with a Bachelor of Science in Biology and a graduate of Northwestern University’s Kellogg School of Management with an MBA in Finance, Entrepreneurship/Innovation focusing on predictive analytics.

Will Green, Journalist at Sports Illustrated

Will writes about daily fantasy sports and sports wagering for Sports Illustrated and SI.com, including the site's weekly college football wagering column 'The Fade,' as well as news coverage of the shifting landscape of both DFS and traditional wagering in America. In 2015 he co-authored a series of pieces with UNH demigod and SI legal analyst Michael McCann on ongoing DFS legal issues in New York. He's a graduate of the University of Pennsylvania (BA) and Northwestern University (MSJ).

Daniel Wallach, Shareholder at Becker & Poliakoff, P. A.

Mr. Wallach is a leading authority on gaming law and sports law, and has counseled professional sports teams, fantasy sports operators, casinos, racetracks, sports betting companies, and other gaming industry participants on a wide spectrum of gaming-related matters. He is one of the leading voices in the emerging area of sports gambling law, and is frequently quoted for his insights on sports betting and daily fantasy sports legal issues by major media outlets such as the New York Times, Washington Post, Wall Street Journal, Sports Illustrated, ESPN, Huffington Post, Bloomberg, Reuters and the Associated Press. Mr.  Wallach has written extensively about efforts to legalize and regulate sports betting and daily fantasy sports in the United States, and is considered one of the national thought-leaders on these subjects. He is also a regular panelist at sports law and gaming industry conferences, and is often invited to speak at law school conferences and symposia throughout the United States. Described as a “gaming law  guru” by Michael McCann, the legal analyst for Sports Illustrated, Mr. Wallach’s insights on the U.S. gaming industry regularly appear in GamblingCompliance, the leading provider of business intelligence to the global gaming industry. Mr. Wallach is also a member of the International Masters of Gaming Law (IMGL), the preeminent global gambling law networking and educational organization shaping the future of gaming law. The IMGL is an invitation-only organization for attorneys who have distinguished themselves through demonstrated performance and publishing in gaming law, significant gaming clientele and substantial participation in the gaming industry.

Seth Young, Chief Operating Officer at Star Fantasy Leagues

Seth Young, Vice President and Chief Operating Officer at Flower City Gaming - operating Star Fantasy Leagues - brings over a decade of experience in iGaming and affiliate marketing to the fantasy sports sector. Seth started his first internet business at the age of 13 and hasn't looked back since. Today, Seth is responsible for operations, product development, and business development at FCG.