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Episode 15 – Games for Promotions and Daily Fantasy Sports

The newest trend is daily fantasy sports.

Taking a step back, what makes a game used in promotion not gambling?  And what, then, makes a daily fantasy sports business model not gambling?

In order to use a game for promotion, the sponsor of the game must remove one of three key elements of the game:

  • Chance
  • Prize
  • Consideration

So, daily fantasy sports like Draft Kings and Fan Duel must be able to do that in order to run a non-gambling game.

But those games also must have a set of rules and must also be run fairly, with a level playing field.

Would you like to run a game in order to promote your business?  Call or send an e-mail.  914-358-6401 or anthony@vernalaw.com

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Episode 14 – The sale of 4chan and Internet Privacy

In Episode 14 of the “Law & Business” podcast, Anthony and Oz Sultan (Sultan Interactive Group LLC) talk about the sale of 4chan and how that intersects with Internet privacy.

Internet privacy is an oxymoron. Any website that is accessible for free means that there’s a product involved. (In this particular case, it is the services of Verna Law, P.C.) In many cases, if there is user-generated content, the content and the user are the products. Meaning that the website can only monetize by keeping track of the users and understanding the users’ behavior, and, ultimately, selling that information to other websites that need the same information.

Oz Sultan

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FTC Enforcement of Unfair and Deceptive Advertising in a Crowdfunding Campaign

The Federal Trade Commission (FTC) has brought its first successful case against a crowdfunded company for unfair and deceptive advertising. Section 5 of the FTC Act (15 U.S.C. §45) prohibits ‘‘unfair or deceptive acts or practices in or affecting commerce.’’  The prohibition applies to all persons and companies.  Frankly, most cases the FTC brings for […]

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FTC Updates in Enforcement

While many small businesses do not believe that the Federal Trade Commission is enforcing its regulations on deceptive advertising, the FTC has updates on recent fines. What are some recent FTC consent orders and settlements based upon false and deceptive advertising?...
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