Sports Betting Law 101

Darren Adam Heitner, Esq. | Heitner Legal, P.L.L.C.

Darren is the Founder of Heitner Legal, P.L.L.C., which is a law firm with many practice areas, including sports law and contract law. Heitner has represented numerous athletes and sports agents as legal counsel, including but not limited to NFL players Antonio Brown, Antonio Hamilton, Antrel Rolle, Bobby McCain, Brandon Marshall, Braxton Miller, Brian Poole, Brice Butler, Darius Leonard, Davon Godchaux, D.J. Moore, Devin Funchess, Dominique Easley, Duke Johnson, Eddy Piniero, Frank Gore, Johnny Manziel, Jonathan Cyprien, Jordan Reed, Kwon Alexander, LeGarrette Blount, Michael Badgley, Mike Daniels, Nevin Lawson, Ricardo Louis, Robert Turbin, Terrell Owens, Trai Turner and Xavien Howard; tennis players Anna Kournikova and Alexa Noel; NBA players Andrew Wiggins, Arron Afflalo, De’Aaron Fox, Montrezl Harrell, Quincy Acy; MLB players Alex Avila, Ervin Santana, Jose Bautista, Luis Castillo, Manny Ramirez, Pablo Sandoval and Rafael Furcal; and sports agents Drew Rosenhaus, Bouna Ndiaye, Mike Silverman, Brian Elfus, Jeff Guerriero, Ryan Rubin, Dan Fegan, Malki Kawa, Brian Levy, Happy Walters, Ryan Morgan and Marc Lillibridge.

Heitner also served as an Adjunct Professor at Indiana University Bloomington from 2011-2014, where he created and taught a course titled, Sport Agency Management, which included subjects ranging from NCAA regulations to athlete agent certification and the rules governing the profession. Heitner serves as
an Adjunct Professor at the University of Florida Levin College of Law, where he teaches a Sports Law class that includes case law surrounding athlete agents and the NCAA rules.

Additionally, Heitner served as a lead contributor to the “SportsMoney” section of Forbes from 2012-2018 and was a sports business contributor at Inc. from 2015-2018. In 2005, Heitner created Sports Agent Blog, which has since that date served as a lead publication in the space surrounding NCAA and sports agency news, interviews, information and opinion. Heitner currently writes for Above the Law.
From 2011-2018, Heitner served as co-founder of Collegiate Sports Advisors, which consulted with universities and assisted their athletic compliance departments in setting up Professional Sports Counseling Panels, Agent Days and other athlete agent education materials.

Heitner has published over 16 full-length academic law review articles on a wide range of sports law topics including NCAA regulations and athlete agents. Some of Heitner’s recent publications related to the NCAA and athlete agents include an article entitled, “Rethinking Regulation: The Case for a New Agency to Regulate Sport,” which was published in the August 2020 edition of the Harvard Journal of Sports and Entertainment Law, an article entitled, “Jay Z Has 99 Problems, and Being a Sports Agent May Be One,” which was published in the December 2013 edition of the Marquette Sports Law Review, an article entitled, “An Offer They Should Refuse: Why Conflicts of Interest Raised by Dual Representation among Player Agents is a Major Threat to the NCAA and Professional Leagues,” which was published in the February 2013 edition of the Sandra Day O’Connor College of Law at Arizona State University Sports and Entertainment Law Journal, and an article entitled, “Duties of Sports Agents to Athletes and Statutory Regulation Thereof,” which was published in the February 2010 edition of the Dartmouth Law Journal.

Heitner was asked to author a Sports Law Treatise by the American Bar Association. It has since published 2 editions of Heitner’s authored book, How to Play the Game: What Every Sports Attorney Needs to Know.
In 2007, Heitner graduated magna cum laude from the University of Florida with a Bachelors of Arts in Political Science, and was named Valedictorian of the College of Liberal Arts and Sciences. In 2010, Heitner received a Juris Doctorate from the University of Florida Levin College of Law. Heitner has appeared on ESPN, CNBC, CBS News and other television stations to speak on sports business and sports law topics.

In 2019, Heitner was asked by Florida Representative Chip LaMarca to assist with the crafting and promotion of legislation that seeks to provide Florida college athletes with the right to profit off of their names, images and likenesses. The bill passed both the Florida House and Senate.
In 2019, Heitner was named to the University of Florida’s 40 Under 40. In 2020, Heitner was honored with the University of Florida Levin College of Law’s Oustanding Young Alumnus Award. In 2021, Heitner was named a distinguished leader in the State of Florida by the Daily Business Review and was asked to serve on the Media & Communications Law Committee of the Florida Bar. He has been named a Rising Star by Super Lawyers from 2015-2021.

Dennis Ehling | Blank Rome LLP

Dennis Ehling focuses on complex commercial and deal litigation and transactions, governance, blockchain and payments, and all aspects of practice in service to the gaming industry.

A Resource for the Gaming Industry
Dennis has significant experience representing clients in the highly-regulated gaming industry including both transactional and litigation matters, as well as handling complex confidential investigations and regulatory proceedings. He has particular knowledge in the area of online gaming and wagering, sports wagering and regulation, and eSports, and represents clients in, and counsels clients on the regulatory and business implications of:

· new media, markets, and technologies
· licensing
· financing
· mergers and acquisitions
· sweepstakes and promotions
· electronic payment facilities (including traditional and blockchain)

In addition, Dennis advocates on behalf of gaming entrepreneurs and operators in all types of civil litigation, including:

· securities disputes
· intellectual property disputes
· antitrust disputes
· contractual disputes
· criminal investigations

His clients include well-known casino operators, gaming equipment manufacturers, racing and wagering operators, internet operators, Native American gaming interests, professional sports teams, payment providers, vendors, investment funds, video game developers and distributors, and other companies that invest in, or provide services to, the gaming or racing industry.

I. What was PASPA? | 2:00-2:12
II. What was the justification for PASPA? | 2:12-2:24
III. What was the consequence of the Supreme Court decision striking down PASPA? | 2:24-2:36
IV. What states have legalized sports betting since PASPA? | 2:36-2:48
V. What does the future look like for sports betting in the U.S.? | 2:48-3:00

VI. Break | 3:00-3:10

VII. State-specific eligibility requirements (including whether sports betting operators must contract with the owner/operator of a retail gaming facility) | 3:10-3:22
VIII. State-specific licensing requirements (including as to who requires licensure, availability of waivers, and licensing fees) | 3:22-3:34
IX. State-specific technology requirements (including requirements for in-state technical capacity and support functions) | 3:34-3:46
X. State-specific tax structures (including differing tax rates in each state) | 3:46-3:58
XI. The impacts of state-specific requirements on the efficient operation of sports betting businesses and merger & acquisition activity in the sector | 3:58-4:10