After a difficult November, daily fantasy sports (DFS) operators will need to buckle up for an even more challenging road ahead. Things looked grim for the DFS industry last month, after New York Attorney General Eric T. Schneiderman delivered cease-and-desist orders to FanDuel and DraftKings, ordering them to stop taking bets in New York. Though the DFS industry had faced obstacles before, this was the strongest blow against them, especially in the state where FanDuel is headquartered, and from which the largest number of DFS players hail. But both sites vowed to fight back, and have been embroiled in a tough legal battle ever since.
Richard L. Brand
Rich Brand is the firm’s San Francisco Managing Partner and head of the Sports practice group. He focuses on sports law, real estate and corporate transactions, e-commerce, hospitality and leisure, and partnership and corporate law.
Rich is recognized as a leading sports attorney by Chambers USA, a "Leading Lawyer" in sports by Legal 500, and as a leading real estate attorney by Best Lawyers and Legal 500. Chambers USA notes “he is highly regarded for his expertise in representing both sellers and purchasers of sports teams,” and Legal 500 client sources say he is "one of the very best transactional sports lawyers in the country.” Rich is also recognized as a SportsBusiness Journal Power Player and was named one of the Daily Journal's "Top 100 Lawyers" in California.
Rich speaks extensively on many aspects of sports, real estate and hospitality law at major industry conferences. He is frequently featured on the Yes Network’s Forbes SportsMoney sports talk show and has appeared on CNN, Fox Sports and other national video/television/radio programs. Rich is also an adjunct professor at UC Berkeley School of Law, where he leads seminars on sports law transactions. Rich regularly guest lectures at prominent undergraduate and graduate Sports Administration programs.
Rich’s practice encompasses several main transactional areas, including:
- Representation of professional sports franchises, owners of sports and entertainment facilities, sponsors and service content providers in connection with naming rights transactions, media rights agreements, sponsorship agreements, advertising agreements, promotional agreements, food and beverage agreements, suite and club seat licensing, and financings for professional sports teams and owners of sports and entertainment facilities;
- Representation of prospective purchasers and sellers of professional sports franchises and sports and entertainment facilities; and
- Player, coaches, and executive contracts, license agreements, salary cap and collective bargaining interpretation, and related matters for professional sports teams.
Real Estate/Hospitality & Leisure/Corporate
- Representation of local and national owners, developers, and users in all aspects of real estate transactions, including hotel, office, and industrial acquisitions and dispositions, leasing, development, construction, financing, and management of commercial properties;
- Joint ventures and related equity financings;
- Formation of start-up entities and the sale of existing businesses; and
- Representation of lenders and borrowers in complex debt and equity transactions, consensual real estate workouts, restructurings, and reorganizations.
See Rich's full bio here.
Blog Posts by Richard L. Brand
New York's Top Regulator Steps In
On November 10, New York's attorney general ordered DraftKings and FanDuel to stop accepting bets from the state's residents, arguing the games constituted illegal gambling. The cease-and-desist order is the most recent in a string of setbacks for the burgeoning multi-billion-dollar industry that intertwines betting with fantasy sports.
Critically for DraftKings and FanDuel, the move by Attorney General Eric T. Schneiderman could create a domino effect, leading other states to take similar action. For their part, fantasy sports companies say the games are not gambling because they involve skill and are legal due to a 2006 federal law that exempts fantasy sports from a ban against processing online sports betting.
The Federal Trade Commission (FTC) recently obtained a temporary injunction to stop a Florida-based sweepstakes operation that has taken more than $28 million from consumers in the United States and abroad. The defendants used deceptive practices to defraud consumers in connection with false prize notifications.
FTC & Prize Promotions
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