States Place Their Bets: Legislators Making Sense of Gaming Options

During the 2018 CSG National Conference in Northern Kentucky - Greater Cincinnati, attendees will have the opportunity to participate in a day-long policy academy on Wednesday, Dec. 5, 8 a.m.- 5 p.m. to consider state options to implement gaming in their states following the recent Murphy decision by the U.S. Supreme Court. 

In May, the U.S. Supreme Court in Murphy v. National Collegiate Athletic Association ruled unconstitutional the Professional and Amateur Sports Protection Act, or PASPA. This ruling has immense policy implications for states. Some states, such as Delaware, New Jersey and West Virginia, expected the decision and moved quickly to legalize sports wagering. Other states are exploring the myriad issues Murphy will engender. State officials are looking for answers to questions about regulation, implementation, benefits to state budgets, social costs, tourism, and how emerging forms of gaming will impact more traditional modes like pari-mutuel wagering and state lotteries. Legislators and regulators have a steep learning curve to grasp emerging forms of gaming such as online betting, eSports and in-game wagering, and how to craft consumer protection guidelines and not run afoul of the Interstate Wire Act of 1961 and other federal laws. This one-day policy academy will help state officials make sense of these issues and explore interstate compacts to develop state-driven solutions and forestall federal intervention.

Click here for the agenda. 

Click here for speaker bios. 

Click here for sponsor acknowledgement. 


Preliminary Agenda

7 – 8 a.m.                    Breakfast Buffet

8 – 8:15 a.m.               Welcome and Introductory Remarks

8:15 – 9:45 a.m.          Legal Roundtable

Part I – an overview of the Supreme Court’s Murphy decision and what it means for states.

Part II – a roundtable discussion focused on Murphy and other legal obstacles that states must navigate in their efforts to establish sports wagering, chiefly the 1961 Federal Wire Act, and opportunities for states with a panel of experts.

  • Moderator: Mr. Rick Simpson, Wiley Rein
  • Mr. Doug McSwain, Wyatt Tarrant and Combs
  • Ms. Jennifer Roberts, University Nevada Las Vegas
  • Mr. Jake Williams, Sportradar

9:45 – 10 a.m.             Break

10 – 11:45 a.m.           ABC’s of Sports Gaming

Part I – This session will provide a comprehensive overview of what sports gaming has been, is now, and will be.

Part II – What impacts will sports gaming have on the private sector? This session will include perspectives from the collegiate and professional sectors, online platforms, lotteries, horse racing, and casinos.

  • Moderator: Mr. Bobby Moak 
  • Bryan Seeley, Major League Baseball
  • Daniel Wallach, Wallach Legal LLC

Noon – 1 p.m.             Lunch

1 – 2:05 p.m.               States out Front

This panel will focus on the states that have recently enacted legislation to authorize sports wagering.

  • Moderator: Mr. Dan Shapiro, William Hill
  • Assemblyman Eric Houghtaling, New Jersey
  • Mr. Jay McDaniel, Deputy Director of the Mississippi Gaming Commission
  • Delegate Jason Barrett, West Virginia
  • Sen. John Gordner, Pennsylvania

2:10 – 3:20 p.m.          The Economic Impact of Sports Betting on States

This panel will be led by an economist and will look at the fiscal impact of sports betting on states. Questions posed will be: What impact will sports wagering have on state budgets? How realistic are the revenue projections? Can sports betting drive tourism? What are the impacts on job creation? What other economic development opportunities are there? How can states accurately calculate the potential negative social costs? Do these potential negative costs outweigh the benefits of legalization?

  • Moderator: Bobby Moak 
  • Mr. John Hicks, Executive Director, National Association of State Budget Officers
  • Ms. Helene Keeley, deputy director, Delaware Lottery Office
  • Mr. Michael Pollock, Spectrum Gaming/National Council of Legislators from Gaming States
  • Mr. Scott Gunn, International Game Technology

3:20 – 3:30 p.m.          Break

3:30 – 5 p.m.               Sports Betting and Interstate Cooperation

This roundtable session will be a facilitated discussion with state leaders and other key stakeholders on the opportunities and obstacles for interstate cooperation on sports betting. An interstate compact can enhance interstate monitoring of sports wagering transactions for fraud or illegality and provide consumer protection. Additionally, a compact can create a mechanism for how proceeds from sports betting could be efficiently transmitted among the states, especially from online entities. A compact would set state-driven national standards that would reduce opportunities for regulatory arbitrage, but is this a solution that the states want addresses via a compact?

  • Moderator: Ms. Helene Keeley, deputy director, Delaware Lottery Office
  • Mr. Rick Masters, CSG National Center for Interstate Compacts
  • Bryan Seeley, Major League Baseball
  • Mr. Ed Martin, Association of Racing Commissioners
  • Mr. Doug McSwain, Wyatt Tarrant and Combs
  • Ms. Jennifer Roberts, University Nevada Las Vegas

5 p.m.                          Adjourn


Speaker Bios

Jason Barrett, Delegate, West Virginia

Barrett was first elected to the West Virginia House of Delegates in 2012, and currently serves on the House Finance Committee. He authored several pieces of major successful legislation including the state’s minimum wage increase in 2014. Barrett played an instrumental role in the development and passage of West Virginia’s sports betting legislation, which has been used as a model for several other states. Barrett currently owns and operates three small businesses in West Virginia’s eastern panhandle. 

John R. Gordner, State Senator, Pennsylvania

Gordner was first elected to the state Senate in a special election in November 2003. He was re-elected in 2004, 2008, 2012 and 2016 to represent the 27th Senatorial District, which includes all of Columbia, Northumberland, Montour, and Snyder counties and parts of Luzerne County. Prior to his election to the Senate, Gordner served for 11 years in the Pennsylvania House of Representatives from the 109th Legislative District. Gordner is currently serving as a member of Senate leadership as Majority Whip. He also serves as vice chairman of the Rules and Executive Nominations Committee, and as a member of the Appropriations Committee, Consumer Protection and Professional Licensure Committee, Judiciary Committee, and Transportation Committee.

Scott Gunn, Senior Vice President of Global Government Relations and North America Lottery Business Development, International Game Technolog (IGT)

As senior vice president of global government relations and North America lottery business development, Gunn serves on IGT Global Solutions’ Senior Management Team that oversees the company’s operations and growth activities. Gunn has assumed positions of increasing responsibility since joining IGT’s predecessor GTECH Corporation. He has held positions in sales, business development, public affairs, and global operations. Gunn has served on numerous commercial and philanthropic boards and committees throughout his career. He currently serves on the Northstar New Jersey Board of Managers, is an Advisory Board member of Silicon Valley based ReviverAuto, and is the chairman of the IGT PAC. He has held various positions within national and state political party organizations and has been involved with several presidential campaigns.

John Hicks, Executive Director, National Association of State Budget Officers (NASBO)

Hicks joined NASBO in April 2016. Founded in 1945, NASBO serves as the professional organization for all state budget officers of the fifty states and U.S. territories. NASBO collects data and publishes numerous reports on state fiscal conditions and organizes meetings and trainings for budget and finance officials. The organization also provides public officials, the media and citizens detailed information on state financial management and budgeting. Prior to coming to NASBO, Hicks served in Kentucky state government for 32 years, including 25 years in Kentucky’s Office of State Budget Director.

Eric Houghtaling, State Assemblyman, New Jersey

Houghtaling is a career electrician and a proud, 40-year member of the International Brotherhood of Electrical Workers Local 400. He has also served as a representative to the Monmouth and Ocean Counties Central Labor Council. Through his work with labor, Eric has gained a keen understanding of the issues facing working families, including the need for us to create good-paying jobs, make education more effective, and keep our communities safe. He serves on the Telecommunications and Utilities Committee and the Labor Committee. He serves as the vice chair of the Agriculture and Natural Resources Committee and the Oversight, Reform and Federal Relations Committee.

Helene Keeley, deputy director, Delaware Lottery Office

Keeley has taken an active role in championing important legislation through the Delaware General Assembly, including the Mental Health Parity Act, a bill that established the state’s first needle exchange program; legislation to restrict physicians from charging outrageous fees for the transfer of medical records; legislation to prevent price gouging during a state of emergency; and the establishment of a hearing aid loan bank for Delaware children three and under. Keeley was the driving force in developing Delaware’s Emergency Mortgage Assistance Program and the state’s Medical Marijuana Program. Consumer protection has become a specialty for Keeley she continues to focus on the ongoing foreclosure issues in the state and passed legislation to regulate mortgage brokers and payday lending institutions.

Ed Martin, CEO and President, Association of Racing Commissioners International (ARCI)

Now in his fourteenth year as president/CEO of ARCI, Martin previously served as executive director of the New York State Racing and Wagering Board. In that capacity, he was the state’s top gaming regulator and he oversaw investigations that resulted in the federal felony indictment of the New York Racing Association and subsequent clean-up of irregularities in the mutual department; solved the computer hacking scheme that turned losing wagers into winning ones during the 2002 Breeders Cup; and triggered a management overhaul at the Capitol Region Off-Track Betting Corporation. As president of ARCI, Martin is credited with the re-uniting of North American racing regulators into one unified group and working to expand the professionalism of the association through greater involvement of regulatory attorneys, lab directors, regulatory veterinarians, pari-mutuel auditors, and executive directors.

Rick Masters, Special Counsel, The National Center for Interstate Compacts

Masters is special counsel to CSG’s National Center for Interstate Compacts (NCIC), providing legal guidance on the law and use of interstate compacts, their application and enforcement and bill drafting guidance in conjunction with the various NCIC compact projects. He has been a primary drafter of many compacts including multistate licensure compacts for the professions of nursing, medicine, physical therapy, emergency medical services and psychology. He also provides legal advice to a variety of compact governing boards and agencies and testifies before state legislatures and Congress about compact legislation. He does extensive research and writing in the field of interstate compacts including co-authoring the largest compilation of laws and commentary on the subject published by the American Bar Association in 2016 entitled The Evolving Law and Use of Interstate Compacts 2nd Edition.

Jay McDaniel, Deputy Director, Mississippi Gaming Commission

McDaniel is the deputy director of the Mississippi Gaming Commission and past chair of the Gaming Section of the Mississippi Bar. Prior to joining the Gaming Commission, McDaniel practiced in the litigation department at Butler Snow LLP, handling cases involving product liability, commercial litigation, and other general litigation matters. Prior to his law career, he was a Certified Internal Auditor and worked several years as an auditor. McDaniel is a graduate of Mississippi College School of Law, and earned his B.S. in Accounting from Mississippi State University. 

Bobby Moak, Former State Representative, Mississippi

Moak is a former 32-year member of the Mississippi House of Representatives where he served as the Democratic Leader. During his service in the House he chaired that chamber’s first Gaming Committee. Moak is credited with working across party lines and shepherding into law the “800-foot Rule,” which allowed casinos to move 800 feet on-shore, revitalizing the Mississippi Gulf Coast gaming industry after Hurricane Katrina. Moak is an attorney that in his first jury trial, along with his co-counsel, the novelist John Grisham, and Danny Cupit received the largest jury award at that time in Lincoln County, Mississippi. Moak is a frequent speaker on issues related to the legislative process, gaming and legal issues. 

Jennifer Roberts,  Associate Director, International Center for Gaming Regulation

Roberts is the associate director of the International Center for Gaming Regulation at the University of Nevada Las Vegas. Roberts was previously a partner at Duane Morris LLP. Prior to that, she was a shareholder in the Gaming & Regulatory Department of Lionel Sawyer & Collins. Her gaming law practice included representation of clients in all areas of gaming law, including licensing, compliance, and gaming law and regulatory development. Roberts’ current legal practice includes alcohol beverage licensing and compliance, as well as land use and zoning, business licensing, and regulatory and administrative law. 

Douglas L. McSwain, Partner, Wyatt Tarrant & Combs, LLP

McSwain has been a litigator, legal advisor, negotiator, speaker and writer in constitutional, administrative, civil rights, equine, racing and gaming, employment, health care, trade practices, antitrust and competition, and business law for 35 years. McSwain has been named and peer-reviewed as a “Best Lawyer in America®,” “Kentucky Super Lawyer” and "Top Rated Lawyer" in civil rights and employment, health care, first amendment, and municipal law, and he practices in both trial courts and appellate courts. In 2017, “Best Lawyers®” named McSwain “Lawyer of the Year” in central Kentucky in employment law.

Michael Pollock, Managing Director, Spectrum Gaming Group

Pollock oversees a broad portfolio of Spectrum services, including policy and impact studies for country, state and local governments, and financial and market studies for private-sector clients. He is a founder and principal in the Spectrum Gaming Sports Group, which has served state governments in Rhode Island and the District of Columbia, as well as various private clients including Major League Baseball and the National Basketball Association. He also leads Spectrum’s efforts as executive director of the National Council of Legislators from Gaming States. Pollock began analyzing the casino industry in 1978 and served as spokesman for the New Jersey Casino Control Commission from 1991 through 1996.

Bryan Seeley, Senior Vice President and Deputy General Counsel, Major League Baseball

Seeley is senior vice president and deputy general counsel for Major League Baseball, where he oversees investigations, compliance and security, and helps manage MLB’s legal and policy efforts related to sports betting. He has primary responsibility for conducting all investigations into violations of MLB’s rules and policies, including investigations related to the use of gambling, performance-enhancing substances, and other threats to the integrity of the game. Seeley enforces MLB’s policies regarding off-the-field misconduct such as domestic violence, sexual assault and child abuse, along with rules governing the signing of international amateur players by MLB Clubs. He also oversees MLB’s Security Department, and manages MLB’s response to kidnapping, threats and extortion directed at players and employees, both internationally and domestically. 

Dan Shapiro, Vice President of Strategy & Business Development, William Hill US

Shapiro is vice president of strategy and business development for William Hill US, which has operations in Iowa, Mississippi, Nevada, New Jersey and West Virginia and serves at the exclusive risk manager for the Delaware Sports Lottery. Since entering the U.S. market in 2012, William Hill has become the leading sports betting company in North America. William Hill operates 108 sports books in Nevada and the state’s leading mobile app, making William Hill the leader as measured by revenue. In New Jersey, William Hill operates an online sports betting business and retail sports books at Monmouth Park Racetrack, Ocean Resort Casino and Tropicana Atlantic City. Before joining William Hill, Shapiro was part of the original management team at Brandywine Bookmaking LLC d/b/a Lucky’s Race & Sports Book, a startup that began operating sports books throughout Nevada in 2008. Previously, Shapiro held various positions in the horse racing industry.

Rick Simpson, Partner, Wiley Rein, LLP

Simpson has a national litigation practice with an emphasis on appellate litigation, professional liability defense and insurance coverage/”bad faith” litigation. He has substantial jury and bench trial experience, and has acted as lead appellate counsel in ten of the federal courts of appeals and in state appellate courts in ten states. Simpson was an adjunct instructor in trial advocacy at the University of Virginia School of Law from 2003 to 2017. Prior to private practice, he served as an assistant U.S. attorney for the Southern District of New York.

Daniel Wallach, Founder, Wallach Legal LLC

Wallach Legal LLC is a law firm devoted exclusively to the burgeoning field of sports wagering and gaming law. He is considered one of the nation’s premier and most sought after legal voices on issues related to sports law and sports gambling. Wallach is the co-founding director of the University of New Hampshire School of Law’s Sports Wagering and Integrity Program. He is also a general member of the International Masters of Gaming Law (IMGL), an invitation-only organization for attorneys who have distinguished themselves through demonstrated performance and publishing in gaming law, significant gaming clientele and substantial participation in the gaming industry.

Jake Williams, Head of Legal, Sportradar US

Sportradar is a global leader in sports data and technology and has partnered with leagues such as NBA, NFL, NHL and NASCAR in the collection and distribution of sports data in the U.S. and around the world. Previously, Williams was legal counsel for Sportradar AG in Munich, Germany. There he worked on legal issues pertaining to sports data, sports integrity, international sports law and gambling. Williams spent time in the Cayman Islands working in the Sports Integrity Department at CONCACAF, setting up a framework to combat match-fixing for the Federation and working with INTERPOL on sports integrity programs in the region.