Breach of Contract: Is Jay Z Getting a Bad Rap?

As a Dallas business lawyer, I find valuable lessons in breach of contract lawsuits involving sports and entertainment stars. Today’s example is Rapper Jay Z’s dispute with a Long Island perfume vendor that’s ended up in a New York state court lawsuit. According to news reports, Jay Z (a.k.a. Shawn Carter) may have violated a […]

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DraftKings Online Gambling Illegal in Texas?

In an opinion issued yesterday (PDF file), Texas Attorney General Ken Paxton made it clear that he believes online sports gambling sites like DraftKings.com and FanDuel.com are illegal under state law. 

“Under Section 47.02 of the [Texas] Penal Code, a person commits an offense if he or she makes a bet on the partial or final result of a game or contest or on the performance of a participant in a game or contest. Because the outcome of games in daily fantasy sports leagues depends partially on chance, an individual's payment of a fee to participate in such activities is a bet. Accordingly, a court would likely determine that participation in daily fantasy sports leagues is illegal gambling 'under Section 47.02 of the Penal Code.”

Limited Exception for Fantasy Sports Leagues

However, Paxton acknowledges an exception that permits fantasy sports leagues where the players split the pot but there is no “house” to take a cut of the action.

“Though participating in a traditional fantasy sports league is also illegal gambling under Section 47.02, participants in such leagues may avail themselves of a statutory defense to prosecution under Section 47.02(b) of the Penal Code when play is in a private place, no person receives any economic benefit other than personal winnings, and the risks of winning or losing are the same for all participants.”

As a Texas Internet Lawyer based in Dallas, I get asked by business clients about running Internet contests, online lotteries, and gambling online (including paid fantasy sports sites).

Attorney General Paxton’s opinion provides some clarity in Texas for online sports betting. Sara Castellanos points out in the Boston Business Journal that Massachusetts, Maryland, New York, and Nevada are all dealing with this issue too. See “Another setback for DraftKings — this time inTexas” (Jan. 20, 2016).

Clearly, this is an evolving niche with ecommerce. I expect Congress will weigh in at some point to provide uniformity via new federal Internet gambling legislation rather than have conflicting views based on the laws in each state.

Related Press Release: Texas Attorney General Paxton Releases Opinion on Daily Paid ‘Fantasy Sports’ Sites (Jan. 19, 2016)

Dallas Business Lawyer Agrees with Bitcoin Senior Developer

"Despite knowing that bitcoin could fail all along, the now inescapable conclusion that it has failed still saddens me greatly" – Bitcoin Senior Developer Mike Hearn

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As a Dallas business lawyer with tech clients locally and abroad, I’ve made Bitcoin an option for making payments for legal services. However, to date, not a single existing or prospective client has offered to pay with the digital currency or one of its alternatives.

Bitcoin is at best premature and unlikely to gain footing for a variety of reasons, including regulatory efforts designed to prevent private cryptocurrencies from replacing government-issued money in offline and e-commerce.

To the extent that Satoshi Nakamoto’s creation can be deemed a success, one would have to consider the future uses of blockchain as the primary achievement.

Former TI campus in Plano Texas to receive $120M redevelopment

"Plans for the redevelopment of the four former Texas Instruments (Nasdaq:TXN) buildings and fitness center — which were built in the 1980s — call for major upgrades to common areas that will focus on recruiting and retaining millennial employees. Those improvements include such things as bringing coffee kiosks to the campus, upgrading the building facades, campus amenities and improving the property’s landscaping." - Candice Carlisle at Dallas Business Journal

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As a Dallas Business Lawyer who serves Plano and Richardson's Telecom Corridor, it's nice to see the continued demand for commercial office space in the area. From a cost of living and quality of life standpoint, the DFW area beats Silicon Valley hands down for tech startups, their employees, and familes.

If you're thinking of relocating your business to the Lone Star State, be sure to read "How to Set Up a Texas Business."

Telecom Corridor Lawyer: Richardson Texas Business Legal Help

If your tech company is located in or near Richardson’s Telecom Corridor*, you need help from an experienced Telecom Corridor Lawyer. However, chances are the size of your business doesn’t justify hiring the same multinational law firms that are retained by AT&T, Ericsson, Texas Instruments, Fujitsu, Cisco, Samsung, and other large publicly traded companies. Where […]

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