On Friday, Daniel Wallach and Justin Fielkow offered an extensive analysis of the Commonwealth of Massachusetts opening an investigation against the daily fantasy sports operator, DraftKings. Over on Forbes, I offer my own analysis and highlight six areas on which this investigation may focus. These areas include the following: (1) compliance with Massachusetts state gambling law; (2) compliance with federal gambling law (because DraftKings is a Mass. company); (3) whether DraftKings's "100% legal" warranty is misleading; (4) whether DraftKings sufficiently blocks users in states of known illegality; (5) whether DraftKings takes proper precautions to block minors from its website; and (6) whether the DraftKings/Major League Baseball partnership facilitates the fixing of game results and sharing of insider information.
The full Forbes article is available to be viewed here. For a more detailed discussion of the legality of daily fantasy sports, the following law review resources are also available:
1. A Short Treatise on Fantasy Sports and the Law (Harvard Journal of Sports & Entertainment Law)
2. Navigating the Legal Risks of Daily Fantasy Sports (University of Illinois Law Review).
3. The Legal Status of Fantasy Sports in a Changing Business Environment (Northern Kentucky Law Review).
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