New Hampshire Hold 'Em: Federal Decision Sets Aside Latest DOJ Wire Act Opinion [telecom]

by Brian T. Carney, Allison C. Binney, Donald R. Pongrace and Elizabeth C. Rosen

Key Points:

  • On June 3, 2019, a federal court in New Hampshire ruled in favor of a New Hampshire state agency in concluding that "the text, context, and structure of the Wire Act" limit the Act's applicability to sports gambling and no other types of gambling.

  • The New Hampshire Lottery Commission commenced the lawsuit in February 2019, shortly after the U.S. Department of Justice (DOJ) released a new opinion interpreting the Wire Act to include nonsports-related gambling.

  • Although the government may appeal the decision, for now, it preserves the status quo that the DOJ set under the Obama administration.

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Bill Horne
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