Regulated gaming is booming in the United States. This is particularly true of newer forms of gambling, such as skill games, fantasy sports, and social casino games played on the internet and mobile applications. In fact, gaming is now legal in some form in 48 out of 50 states and the District of Columbia, and 36 states have legalized sports gambling since 2018. Gaming revenues in 2021 amounted to $53 billion with the American Gaming Association (AGA) reporting that commercial gaming revenue for Q1 2023 reached $16.6 billion.

This growth in remote gaming presents unique compliance challenges that may be exacerbated by the absence of face-to-face customer interactions, including new and enhanced money laundering risks and social responsibility obligations. To date, the web-based and app-based gaming sector has not been subject to significant enforcement by U.S. federal or state criminal or regulatory authorities. But, as rapid expansion of this sector of the gaming market continues, we should expect that criminal and regulatory scrutiny will also increase.…

Continue Reading Mapping Future Enforcement in US Gaming Law Based on Recent UK Enforcement

Perkins Coie’s Digital Media & Entertainment, Gaming & Sports and Artificial Intelligence industry groups look forward to seeing you at Digital Hollywood’s free virtual summit titled “AI: Breaking the Net” on July 18, 2023. Meeka Bondy, senior counsel and co-chair of the Film and Television industry group, will moderate the following session:

Session III: Generative AI…

The Federal Trade Commission (FTC) issued a policy statement on May 18, 2023, addressing concerns relating to the collection and use of biometric information. The Biometrics Policy Statement, which the FTC’s Commissioners voted 3-0 to issue, outlines practices related to biometric information that the FTC views as violations or will take into account when evaluating possible violations of the prohibition against unfair or deceptive acts and practices in Section 5 of the FTC Act.…

Continue Reading FTC Issues Policy Statement Regarding Biometric Information

We recently attended the Annual Meeting of the Copyright Society of the USA, a two-and-a-half day, in-person conference focused on emerging issues in copyright law (perhaps the country’s largest annual get-together of copyright nerds like us). Here are our Notes from the Field on what was being discussed during—and after—the sessions that we attended.…

Continue Reading Notes From the Field: 2023 Annual Meeting of the Copyright Society of the USA

As Age of Disruption readers know, the landmark NYC Local Law 144 (the AEDT law) raises issues for companies using artificial intelligence (AI) tools to recruit and retain talent. We invite our readers to listen to Perkins Coie’s latest Innovation Unlocked podcast, which features an in-house perspective from the company SeekOut related to AI…

In what may be the beginning of a trend, Judge Brantley Starr of the U.S. District Court for the Northern District of Texas recently issued a new mandatory rule regarding the use of artificial intelligence (AI) in legal briefings.[1] The directive, known as the “Mandatory Certification Regarding Generative Artificial Intelligence” rule, stipulates that “[a]ll attorneys . . . appearing before the Court must file on the docket a certificate attesting either that no portion of any filing will be drafted by generative artificial intelligence (such as ChatGPT, Harvey.AI, or Google Bard) or that any language drafted by generative artificial intelligence was checked for accuracy, using print reporters or traditional legal databases, by a human being.”[2] Similarly, Magistrate Judge Gabriel A. Fuentes of the U.S. District Court for the Northern District of Illinois recently adopted a standing order providing that “any party using any generative AI tool in the preparation of drafting documents for filing with the Court must disclose in the filing that AI was used” with the disclosure including the specific AI tool and the manner in which it was used.[3]…

Continue Reading Use of Generative AI in Litigation Requires Care and Oversight

A surprising, unannounced collaboration between Drake and The Weeknd—a song called “Heart on My Sleeve”—went viral on social media a few weeks ago. It generated millions of streams across music and social media platforms, but it wasn’t Drake and The Weeknd singing on the track; rather, it was an AI-generated simulation…

As digital media continues to supplant physical media, e-commerce sites offering digital content have experienced unprecedented growth. These sites offer consumers access to video games, music, movies, e-books, and many other types of digital media at the click of a button. Although purchasing digital media—as opposed to physical media—has become commonplace for consumers, a recent case, McTyere et al v. Apple, Inc., suggests that consumers’ understanding of terms like “sell,” “buy,” and “purchase” have not fully caught up to our new digital reality. When a consumer buys a book in a physical bookstore, they own indefinitely the physical copy of the book that they purchased. However, when consumers click a “Buy” button on an e-book platform, they almost always receive a license to a copy of the e-book, a license that typically can be terminated by the e-book platform or the book’s publisher under certain circumstances. McTyere has highlighted this important legal distinction between buying physical and digital media and raises the question of whether it is deceptive to describe the licensing of rights to digital media using the same terminology as has traditionally been used to describe the sale of books, CDs, DVDs, and other physical goods.…

Continue Reading Buy Today, Gone Tomorrow: Is a “Buy” Button for Digital Content Deceptive?