Practical perspectives for contemporary legal challenges.
Two recent petitions challenging water diversions, one in Wisconsin and another in Michigan, reflect the continued controversy over water rights and usage that have implications, environmental and otherwise, for energy producers and transporters. On May 25, 2018, Midwest Environmental Advocates (“MEA”) filed a petition challenging the Wisconsin Department of Natural Resources’ (“Wisconsin DNR”) April 25, …
Continue reading “Great Lakes Water Diversions – Continued Controversy”
As the “Me Too” movement sweeps the nation, the topic of sexual harassment in the workplace has been put in the spotlight. And with the highly publicized situation involving casino mogul Steve Wynn, that spotlight is being focused on the gaming industry in a big way. Nevada’s regulators were quickly inundated by reports of sexual …
On March 15, 2018, the Ohio Power Siting Board (OPSB) finalized proposed additions and revisions to administrative regulations associated with commercial scale wind farms. The finalized rule package is the result of a two-year review process, complete with three separate stakeholder comment periods, an opportunity for rehearing, and numerous different iterations of proposed rules. A …
Now that the Supreme Court has ruled that the Professional and Amateur Sports Protection Act (“PASPA”) is unconstitutional commandeering, a number of states are rushing to pass laws to legalize and regulate sports betting within their borders. Some, such as New Jersey and Pennsylvania, are well down the path, with potential to have operational sports …
Continue reading “Now That PASPA Has Fallen, What Does This Mean for the States”
The European Union’s (EU) General Data Protection Regulation (GDPR) goes into effect on May 25, and so do the significant fines against businesses that are not in compliance. Failure to comply carries penalties of up to 4 percent of global annual revenue per violation or $20 million Euros – whichever is higher. This regulatory rollout …
Virtually every significant gaming operator in the United States has some form of “free to play” online casino offering. Because no purchase is necessary to play (no consideration) and no valuable prizes are offered (i.e., you cannot trade your free play credits for a comped hotel stay), these offerings have generally met with green lights …
On March 5, 2018, Nevada’s Gaming Policy Committee convened briefly to pass a resolution that provides clarity for Nevada gaming licensees regarding the interactions they may and may not have with the state-legal marijuana industry. This meeting followed from the discussion and testimony received at the last Gaming Policy Committee meeting in November 2017. As …
On January 25, 2018, Associate Attorney General Brand issued a memorandum titled “Limiting Use of Agency Guidance Documents in Affirmative Civil Enforcement Cases,” (the “Brand Memo“) which clarified that Department of Justice (the “Department“) civil litigators may not rely on guidance documents issued by executive branch agencies when enforcing federal regulations via affirmative civil enforcement …
Against all odds, Congress, on a straight party-line vote, enacted the most significant tax reform the U.S. has witnessed in more than 30 years. The tax reform legislation, known as the “Tax Cuts and Jobs Act,” significantly alters the tax law landscape for businesses. This article offers a high-level overview of some of the tax …
Continue reading “U.S. Tax Reform – What it Means for the Gaming and Hospitality Industry”
Executive Summary and Takeaway: Trade secrets and confidential information are receiving increasing protection in many states, and as more states perceive this as a “business friendly” issue, this trend will continue and expand. Non-competition provisions, while generally enforceable, are being scrutinized more closely by state legislatures and courts. The best way to ensure that your …