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Batter Up! How media, sports teams, venues and leagues intersect with legal sports betting

Posted on January 4, 2022

It has been a little over four years since the United States Supreme Court heard Christie v. NCAA (now known as Murphy v. NCAA). Over that time, sports betting has made evolutionary strides in how states look to legalize and regulate the market, as well as how stakeholders continue to evaluate their options and assert themselves into the market. It continues to be a fast and furious ride as over 30 jurisdictions now have legal sports betting operations.

Looking toward the future, it is important to understand the evolution over the past three years in terms of additional stakeholders, various models for regulatory structures, and market access.  All of these have evolved significantly over the course of the last three years that have brought an end to Nevada’s exclusivity in the sports betting market, bringing a series of “record-breaking” months as jurisdictions continue to advance the legal marketplace and transition those gamers who have been participating in illegal books or are new to the market.

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Ch-ch-ch-Changes – Non-gaming amenity trends in the post-pandemic world

Posted on November 30, 2021

As a result of the pandemic, casino operators have had to rethink their non-gaming amenity strategy, altering their programs to better suit their consumers and improve their bottom line. In the past year, as the industry reopened, some patrons were happy to find a refreshed hotel room product, reconfigured food and beverage options, new entertainment choices, and other revitalized non-gaming products.  The pandemic gave operators a chance to redefine the entertainment experience.

Sports betting, while a gaming amenity, has dramatically changed the non-gaming offering provided by casinos across the United States.

From both a mobile and land-based perspective, sports betting has become intertwined with casinos’ amenity offerings. In legal markets, one would be hard pressed not to find sports betting applications up and running on people’s mobile phones in casino bars.  In these jurisdictions, casinos have been able to increase length of stay on property as well as spend on gaming and non-gaming items, particularly food and beverage.

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Nix the Economic Incentives – Gaming is a driver that does not require handouts

Posted on November 2, 2021

Any development project in any industry will have various levels of economic impact. This includes the number of jobs it will create, the investment that is brought into the project, and the economic spillover.  Whether developing a new project on a greenfield site or a brownfield site, or redeveloping a building or area within a community, any development around the globe will bring these economic impacts.

When major industries look toward developments, and when cities look to attract new sectors or build upon existing developments, state and local governments will put forward a series of tax incentives, grants or other tools to lure these businesses to cities.  These includes big businesses that typically bring hundreds of thousands of good-paying jobs in manufacturing, technology and other sectors along with some level of investment into a facility.

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Research Brief: State Legislative Update on U.S. Sports Betting & Online Gaming – July 2021

Posted on July 16, 2021

The Halftime Report

Over the last 18 months, the world has faced serious challenges.  The paradigm has been turned upside down again and again with the impacts of SARS-CoV-2 and government mandates that have altered the landscape.  These challenges continue as events such as the Olympics will proceed for the first time without fans in the stands, including international visitors that bring significant economic benefit and global attention to the host nation.  This was one of the goals of showcasing the country of Japan to the world, but now the Games will also be without locals.  This has further angered local residents that did not want to host the games during the pandemic as they now will not be able to attend.

The year of 2021 in sports betting will be known for it’s one-upmanship, and this is not because the legislation for sports betting was improving and becoming more refined in using best practices achieved in other states.  It is instead the polar opposite, where the next state tries to one-up the others’ ability to craft a more unique market that often does not bode well for operators and, in the end, the consumers.  Each state that will be highlighted in further detail below has shown unconventional and ineffective path toward crafting their market, including tax rates set at upwards of 50 percent, ambiguity in the law that has caused the regulator to question key elements of their license structure, and in cone case a compact that likely violates the constitutional amendment that was pushed by the same tribe.

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Research Brief: State Legislative Update on U.S. Land-Based Gaming – July 2021

Posted on July 8, 2021

The Mid-Year Point

As the United States hits the midway point of this year, most state legislatures have adjourned their regular sessions. While some legislatures will come back in the fall because of the full-time status, most will only come back for a special session to handle redistricting that continues to to be delayed as states waif for data from the Biden Administration. Below is a summary of the current status in some key states:

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Mergers & Acquisitions – The More Things Change, The More Things Stay The Same

Posted on June 25, 2021

As the gaming industry continues to evolve, so do the industry players, corporations, suppliers, and other stakeholders.  The only constant among this group is that change thrives in this environment.

While some of the players may still look the same since before the pandemic, the hats they appear to wear can vary, as seen with such a high volume of mergers, acquisitions, and other corporate activities over the years.  Even through the pandemic, there was no stopping these continued efforts as companies either were slowed by the initial Great Shutdown or sought new opportunities to move forward.

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Research Brief: State Legislative Update on U.S. Sports Betting & Online Gaming – June 2021

Posted on June 16, 2021

It has now been more than three years since the repeal of PASPA, with the New Jersey and Delaware markets reaching their three-year anniversary since launching sports betting operations.  It has also been three years of ups and down with the sports calendar and with sports betting revenue.  Revenue for the most part continues to climb, although it is difficult to find a stabilized year of data over the last twelve months due to the pandemic.  While is may be some time as the border wars continue, it will be critical to understand the full growth potential for this expansion opportunity in the gaming industry.

The industry continues to face the challenges of SARS-Cov-2, as seen most recently during the Memorial Tournament on the PGA Tour.  Jon Rahm, who at the time was up by six strokes, had to withdraw from the tournament because of a positive test.  While the PGA let him finish the round and notify him in a bizarre 18th hole revelation, it remind the sports community that this pandemic is far from over, especially on a global scale.  Sportsbooks took the change in the marketing in different ways with some counting it as a withdrawal and returning wagers to players, while other took it as a win for Rahm who had a dominant lead.  This did lead to several conversation throughout the industry on how to deal with these and other incidents in the future, as well as the implications on responsible gaming and potential effects into the future.

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Research Brief: State Legislative Update on U.S. Land-Base Gaming – May 2021

Posted on June 3, 2021

The legislative cycle is coming toward the end of its run for 2021 with only a handful of states remaining that have policy implications other than those states that have full time legislatures. With most focus at this point on Louisiana (the last legislature to go into session this year) and Connecticut on sports betting, a number of land-based opportunities did not materialize into expansion. However, there are options that continue to be discussed across the country that prove that land-based gaming is still very much alive.

Almost every casino is back open in the United States following the Great Shutdown. In several cases, business is currently booming, as seen in the resurgence of the gaming industry that faced its greatest challenge that was imposed by government mandates. Nevada is a prime example of this as it just saw one of the best months it has ever had in generating gaming revenue, surpassing the $1 billion mark. Destinations such as the Las Vegas strip are seeing the return of the leisure customer that is excited to be back after over a year of closures. Part of this has been through the continued health and safety measures of the industry, vaccination efforts that began late in 2020, and the relaxation of draconian polices that were not always rooted in evidence-based research.

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Opportunity Abounds: Sports Betting in Indian Country will evolve naturally and be profitable for the smartest operators

Posted on May 25, 2021

Since the repeal of PASPA (Professional and Amateur Sports Protection Act) in May 2018 through the Supreme Court decision in Murphy v. NCAA, United States markets have pushed forward to legalize sports betting.

Thirty U.S. jurisdictions have legalized sports betting and more than 22 of those are now operational.  Many of the remaining states provide strong opportunities for tribal communities to take advantage of this expansion.

While opportunity abounds for tribes in sports betting, it’s about getting it right, not speed to market.  One of the main reasons PASPA was overturned was because of states’ rights issues.  Each state will take its own approach to how sports betting may fit into its existing gaming product.

In some cases, sports betting might not be incorporated at all.

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Research Brief: State Legislative Update on U.S. Sports Betting & Online Gaming – May 2021

Posted on May 17, 2021

Three years into the repeal of PASPA, the sports betting world continues to move forward at a quick pace. The challenges of the last year continue in various facets of the sports calendar that has not quite returned to normal, as well as occasional challenges still with athletes having to go through COVID-19 protocols. As fans will likely return to the stands with the goal of having 100 percent capacity in many cases by the fall, it will bring some normalcy back to the game and eventually, the schedule.

Some 30 states and jurisdictions have now legalized sports betting in some form, with others still having discussions on how to craft an ideal market that suits their needs. What continues not to be normal over some of the recent states is how they are crafting their own markets that are either reinventing the wheel or now reviewing best practices to create the ideal market in terms of competition and revenue potential to the state. At this point, most legislative sessions are closing out their 2021 session heading into June. However, more than a handful of states operate a year-round legislative session. The year 2021 will likely be known as the year that had some more interesting markets crafted which may cause challenges down the way for other states that have yet to legalize.

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