In an interview with SBC News, Isaacs said: “The industry landscape today is changing faster than ever, and the future is very much online.

“You shouldn’t underestimate the big suppliers on the land-based side as they’re going to play a significant role in shaping how things evolve, but there are some great companies out there such as SBTech that have already made huge progress in all the key regulated markets, and that are going to continue to make huge inroads across new and emerging jurisdictions such as the US”

Isaacs told SBC that his first three weeks at SBTech had been a flurry of activity. “The first thing I’ve done is to travel to all the SBTech offices in Bulgaria, Tel Aviv, Kiev and finishing in London to meet with various executives and teams to understand the products more so I can then sit down with the rest of the management team to help shape the business’s strategy.

“I’ll be using my previous experience to help the company navigate regulated markets, in particular the US, regulated US states and those states that are considering opening in the coming months and years.”

Isaacs said his new role represented a conscious move away from the land-based gaming sector, where he has been such an influential figure, and into igaming.

“I had run several large land-based gaming companies and asked myself whether I wanted to do it again,” he said.

“After a great deal of thought, I felt that I needed to look to the future and assess where I could make an impact within an area where I believe the industry is heading, and that is online with sports initially being the main driver.

“The industry landscape today is changing faster than ever, and the future is very much online,” said Isaacs.

“The potential is huge, and SBTech is investing significantly in its technology and infrastructure on the ground to enable it to maximise this long-term opportunity. Being based in Las Vegas and having worked here for several years across many of the industry’s largest suppliers I will be able to use my knowledge of the US market to support and grow the company’s US expansion.”

Read the full interview with Gavin Isaacs on SBC News here

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The Opinion, which runs to 23 pages, is dated November 2, 2018, and reverses a 2011 ruling that the Wire Act prohibited only interstate sports betting compacts. That 2011 Opinion itself arose due to apparent conflicts in the enforcement of the Wire Act, as interpreted, and the Unlawful Internet Gambling Enforcement Act of 2006, the terms of which were the grounds for a number of DOJ prosecutions.

The November 2 Opinion, entitled Reconsidering Whether the Wire Act Applies to Non-Sports Gambling, opens:

“This office concluded in 2011 that the prohibitions of [the Wire Act] are limited to sports gambling. Having been asked to reconsider, we now conclude that the statutory prohibitions are not uniformly limited to gambling on sporting events or contests.”

This represents a reversal of a reversal and typifies the difficulties the DOJ, regulators, law enforcement agencies and the industry have had in interpreting exactly what is permitted.

Indeed, the fresh interpretation of the “plain language” of the Wire Act, evidently overlooked by the 2011 Opinion, appears to hinge on the lack of single comma within a key passage of text.

The Opinion states that the DOJ’s Office of Legal Counsel does not “lightly depart from our precedent. But having reconsidered our conclusion, we now reach a different result.”

The Opinion also notes that:

“Reaching a contrary conclusion from our prior opinion will also make it more likely that the Executive Branch’s view of the law will be tested in the courts. Something the DOJ considers to be a key test of the decision to reverse the 2011 interpretation.

“Under our 2011 Opinion, the [DOJ] may not pursue non-sports-gambling related prosecutions under the Wire Act. But under the conclusion we adopt today, such prosecutions may proceed where appropriate, and courts may entertain challenges to the government’s view of the statute’s scope in such proceedings.”

The latest note also stresses that a reversal of the 2011 Opinion does not permit the continuance of activities that were deemed legal then but that are now interpreted as against the letter of the Wire Act:

“We acknowledge that some may have relied on the views expressed in our 2011 Opinion about what federal law permits. Some States, for example, began selling lottery tickets via the internet after the issuance of our 2011 Opinion.

“But in light of our conclusion about the plain language of the statute, we do not believe that such reliance interests are sufficient to justify continued adherence to the 2011 opinion.”

So what does all this mean for the nascent online gambling sector in the US? It is unclear, in short.

There are at present a handful of interstate online poker compacts in place, between Delaware, Nevada and New Jersey but, in truth, these are not significant in terms of the overall revenues generated by igaming, in New Jersey in particular.

As new, more populous states regulate real-money online gambling – Pennsylvania has already done so but is yet to launch – the potential growth could be limited by the interstate restriction in the latest Opinion.

As the DOJ’s Office of Legal Counsel itself suggests, the detail will be tested in the courts. At this stage, quite where the line will be ultimately be drawn is far from clear.

Read the DOJ November 2 Opinion here

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Boyd and FanDuel, with hopes of further strengthening their partnership, have outlined plans to open sportsbooks at three additional Boyd Gaming properties in the Midwest: Diamond Jo Casino in Dubuque, Iowa; Blue Chip Casino Hotel and Spa in Michigan City, Indiana; and Belterra Casino Resort in Florence, Indiana. 

The new retail location has been placed between the Cashier’s Cage and Big Wheel Bar. It features three betting windows, six video displays including a large video wall, 11 self-service IGT PlaySports betting kiosks and one sports ticker.

FanDuel will provide its proprietary risk and trading technology that leverages the IGT PlaySports platform.  

The new sportsbook will take bets on a number of US sports, including baseball, soccer, football, basketball, golf, boxing, motorsports racing, and more.

The new FanDuel Sportsbook, the first in the Midwest, opened its doors to the public last week with Football Hall of Famer and Minnesota sports legend John Randle placing the ceremonial first bet as part of a ribbon-cutting ceremony. 

The firm also operates the sportsbook at Boyd Gaming’s Valley Forge Casino Resort in King of Prussia, Pennsylvania, and recently launched mobile sports betting in Pennsylvania in partnership with Boyd Gaming.

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“The problem and responsible gambling environment in the US is changing rapidly with the continued expansion of casinos, lotteries, and the addition of sports betting,” said Keith Whyte, Executive Director of NCPG.

“NCPG faces an ever more complex ecosystem of issues to address. We are so thankful to and excited for the Advisory Board members to collaboratively guide NCPG in our efforts to raise awareness about problem gambling and increase resources for addressing this important issue.”

The Advisory Board provides a means for leaders in the fields of problem gambling and responsible gambling that are engaged with NCPG to provide advice and insight on matters of significance to its board of directors and leadership.

• Maria-Christina Annaloro,Director of Government Relations & Social Sciences, Las Vegas Sands
• Kirsten Clark, Executive Director, International Association of Gaming Advisors
• Steve Crosby, Founding Board Chair, Massachusetts Gaming Commission
• Don Feeney, President, Northstar Alliance on Problem Gambling
• Maureen Greeley, Executive Director, Evergreen Council on Problem Gambling
• Martin Lycka, Director of Regulatory Affairs, GVC
• Reece Middleton, Former Executive Director, Louisiana Association on Compulsive Gambling
• Ray Pineault, President & General Manager, Mohegan Sun
• Richard Schuetz Former Commissioner, California Gambling Control Commission
• Marlene Warner, Executive Director, Massachusetts Council on Compulsive Gambling

Advisory Board member Don Feeney said: “I’m excited and proud to be working with such a knowledgeable and talented group that shares a passion for helping those affected by problem gambling. I’m grateful to the board of directors for giving me this opportunity to continue being of service.”

Kirsten Clark of IAGA commented: “Promoting responsible gambling initiatives continues to be of vital importance to the global gaming industry, and NCPG plays a critical role in developing programs and resources that help operators, regulators, and players identify and respond to problem gambling.”

GVC’s Martin Lycka stated: “I am privileged, as well as very excited, to have been selected to serve on the Advisory Board of the NCPG, the world’s longest established NGO dedicated to addressing issues surrounding problem gambling.

“I hope that the experience I have amassed in the global betting and gaming industry over the course of the last 10 years will contribute towards making the nascent US sports betting market the safest one in the world.”

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The licence for the Keystone State follows on from the company’s entry into the New Jersey market in April 2021. As a result, Enteractive will be able to roll out its (Re)Activation Cloud platform which enables sportsbook operators to target, and engage with, specific player segments.

Mikael Hansson, Enteractive CEO, said: “With this Pennsylvania licence in addition to our licence in New Jersey, we’re available to support player retention for sportsbooks in the two largest online gambling states of the US.  

“With some leading US brands already working with our stateside teams, our journey across the pond gets more exciting each day.”

In addition to player reactivation services, Enteractive will also carry out “one-to-one conversations with players”. This is something that the company believes will “act as a frontline protection against problem gambling”.

Andrew Foster, Chief Business Officer at Enteractive, added: “After the early success Enteractive has seen in the US market and the positive way players are responding to our one to one personal approach, we’re proud to announce that we are expanding our reach into Pennsylvania state. 

“It’s encouraging to see that the US audience is as appreciative of a personal, qualitative approach as the other global audiences we engage with on behalf of operator brands.”

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The Georgia Northern District Court has dismissed the attempted class action lawsuit brought against VGW Holdings by Fair Gaming Advocates. Judge Thomas Thrash dismissed the lawsuit, stating that the court does not have standing to hear the case.

Fair Gaming tried to argue that because VGW accepts Georgia customers, and has two employees who reside in Georgia but work from home, the court was an appropriate venue for the case. Thrash disagreed, noting that the nature of the gaming website did not merit inclusion under the state’s long-arm statute.

“While the Defendants casino gaming websites were certainly accessible by Georgia users and the Defendants accepted payments from Georgia users in order to play the games, the Court finds this limited interaction, without more, insufficient to satisfy the transacting business prong in O.C.G.A § 9-10-91(1),” the ruling read.

“Even if it were, the exercise of jurisdiction under the long-arm statute would offend traditional notions of fairness and substantial justice because the Defendants could not reasonably have expected to be haled into court in Georgia (or any state, for that matter), solely because their websites are interacted with by residents of the state

Thrash also explained that since there is no good or service being delivered to the state of Georgia, VGW sites like Chumba and Luckyland are passive websites and not in the court’s jurisdiction, as ruled in the case Pascarelli v Koehler, which dealt with a hotel reservation website.

VGW had asked the court to compel arbitration for the case, which is where many of these social casino lawsuits have ended up, Thrash opted to deny the order, saying that if the court is not capable of ruling on the case, it is not capable of compelling arbitration.

There is a second VGW lawsuit in the Georgia Southern District Court, filed by Destiny Kennedy. In this case, Kennedy claims she opted out of the arbitration clause of VGW’s terms and conditions, but VGW has said that Kennedy agreed to updated terms and conditions after establishing an account and failed to opt out.

Additionally, the company argued the court did not have standing to hear the case. That suit is still active, pending a ruling on VGW’s motion to dismiss.

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The Louisiana Senate Judiciary B and Revenue and Fiscal Affairs Committees met this week to discuss the prevalence of igaming, potential regulation and the impact of the industry on jurisdictions across the country. Louisiana, which legalised online sports betting in 2022, is discussing igaming as America’s seven regulated markets drive strong revenue.

According to data provided to committee members, America’s 38 regulated sports betting states are projected to generate $13bn in annual gaming revenue. By comparison, the seven US igaming markets are estimated to generate $8bn in revenue in 2024.

Lobbyists of igaming in Louisiana note the prevalence of illicit gaming as a reason to bring regulated online casinos to the state. About $4.6bn has been wagered illegally with online casinos in Louisiana, according to a study by the American Gaming Association.

Regulation of igaming is also expected to provide added protection to state residents.

“There are well-documented connections between illegal online gaming taking place in the state and the money that comes from it for money laundering, for drug trafficking and for organised crime,” said Light & Wonder Global Head of Government Affairs and Legislative Counsel Howard Glaser during this week’s committee meeting. “These are some of the reasons that states consider regulating online casino gaming to protect consumers, combat transnational crime and capture tax revenue.”

The regulation of igaming in Louisiana is expected to also thwart the growth of unregulated sweepstakes operators that are operating in markets across America without licensing.

“These are not mom-and-pop shops like the old days of internet cafes,” adds Glaser. “These are big international companies with one spending $400m on marketing in the U.S.”

Despite the prospects of potential new revenue, igaming is drawing concerns from organizations, including entertainment operating company The Cordish Companies.

“Over $700m has been invested or committed to move casinos on shore bringing tremendous economic benefits to Louisiana,” said The Cordish Companies General Counsel Mark Stewart. “But we submit that bringing igaming to Louisiana would pull the rug out from under these projects and discourage additional land-based investment.”

The potential regulation of igaming in Louisiana is drawing cannibalization concerns. Representatives at the meeting from the Cordish Companies used data from three existing regulated iGaming markets to showcase a slight drop in gross revenue for retail casinos.

Opponents of igaming in Louisiana also cite gambling addiction as a reason to prevent the regulation of online casinos in the state. The quick accessibility of igaming through cell phones has also raised concerns for entities wanting to combat problem gambling.

Lawmakers in Louisiana will continue to discuss igaming and its potential impact on the state’s gaming market while taking into account the pros and cons of online casinos. Senate Resolution 149, passed in June, will allow lawmakers to continue the discussion.

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Reporting to BetMGM’s Chief Revenue Officer, Matt Prevost, Hurbis brings 30 years of consumer marketing experience to the operator, including knowledge in consumer engagement, digital advertising, partnership development and experiential marketing.

“Sports betting is one of the most competitive and rapidly evolving industries in the marketing world, and I’m honoured to join BetMGM at such an exciting time in its growth,” commented Hurbis.

“BetMGM is a brand with incredible momentum, backed by a team that is redefining how we engage and entertain audiences. I look forward to pushing the boundaries of creativity and innovation to not only attract new audiences but enhance the experience for our loyal players to even greater heights.”

Before joining BetMGM, Hurbis was Chief Marketing Officer at retail mortgage lender Rocket Mortgage. He has also spent 24 years in automotive marketing with roles in advertising and communications for FIAT and Alfa Romeo.

At Rocket Mortgage, Hurbis helped the company achieve consecutive number one rankings on USA Today’s Ad Meter for Super Bowl commercials, in addition to launching the Rocket Mortgage Classic, the most-awarded event on the PGA Tour.

He has also previously collaborated with BetMGM’s creative agency of record, Highdive, on three top-ranked Super Bowl campaigns while at Rocket Mortgage.

Prevost added: “Building BetMGM from the ground up into one of the most recognizable brands in the sports betting and igaming sphere has been an incredible accomplishment made possible by the tireless efforts of our amazing team. Bringing a visionary leader like Casey Hurbis on board adds another impactful advantage for our brand.”

As previously mentioned, MGM Resorts has promoted Ari Kastrati to the position of Chief Content, Hospitality and Development Officer. He was previously Chief Hospitality Officer.

Reporting to MGM Resorts’ CEO & President, Bill Hornbuckle, Kastrati will be in charge of the company’s global design and development efforts and sports and entertainment partnerships.

In addition, he will continue to lead MGM Resorts’ hospitality strategy, including the development of food and beverage and nightlife concepts, as well as lifestyle, retail, leasing, and arts divisions. He will also serve on the company’s Executive Committee.

“MGM Resorts is continuing to extend into some of the world’s most exciting luxury destinations, and I am thrilled to play a bigger role in our growth,” stated Kastrati. 

“It’s an honour to not just grow within the company but serve in an expanded leadership role, and I look forward to helping the company redefine the gaming entertainment experience for our guests, in Las Vegas and globally.”

Kastrati has been with MGM Resorts since 2010, but has previously worked with several premium hospitality companies and has over 25 years of industry experience.

Hornbuckle added: “Ari has long played an integral role in making MGM Resorts the world’s premier gaming entertainment company. He has a keen sense of what consumers want, and what is cutting-edge in global luxury and entertainment. 

“His expertise will be essential as our company continues to develop marquee experiences in Las Vegas and beyond and create unparalleled resorts with world-class design in some of the world’s pre-eminent gaming markets.”

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To begin with, Push Gaming’s titles will be made available to BetMGM’s players in the Canadian province of Ontario.

However, pending regulatory approval, the operator has plans to expand its partnership with the supplier, becoming the exclusive partner for Push Gaming in the US in 2025.

“Push Gaming’s exciting slots resonate with players and elevate the igaming experience,” commented Oliver Bartlett, VP of Gaming Product and Content at BetMGM. 

“We are proud to partner with Push Gaming and add their popular slots to our online casinos in Ontario which offers players a vast variety of over 3,000 titles.”

Push Gaming titles that will be playable for the operator’s customers via the BetMGM Casino include Retro Tapes, Big Bamboo, Razor Returns, and Wild Swarm 2, with more titles to be added in the future.

“This is a proud moment for the team at Push Gaming as this partnership is the culmination of an incredible amount of hard work,” added Fiona Hickey, Chief Business Development Officer at Push Gaming.

“Having some of our biggest games available to BetMGM players, one of the industry’s largest names, is a milestone in our evolution as a developer and we’re incredibly excited at the potential of our partnership.

“As well as being committed to creating the best slots the industry has to offer, it is also our priority to ensure that content is available to as many players as possible, in tandem with the very best operators, globally. 

“Working with BetMGM fits those goals perfectly and the ensuing long-term closer cooperation across North America that this will bring gives us an amazing foothold in key regions.”

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The two studios competed for top spots across top games by GGR charts, top slots, new game rankings and in the supplier charts within Eilers & Krejcik’s November report. 

Meanwhile, Games Global, Pragmatic Play and Light & Wonder (L&W) competed with the US’ two top performers to aim for top spot in the Canadian supplier charts. 

US round-up

For yet another month, IGT’s Cash Eruption slot has continued to remain at the top of Eilers-Fantini’s top slots by GGR charts. The title’s portion of GGR remained at 2.88%, after rising from 2.7 to the current figure between August and October. 

Last month’s third-place finisher in the GGR charts, Buffalo from Aristocrat, rose from third to second, although its GGR share dropped from 1.68% to 1.48%.  

Live Dealer Lightning Roulette from Evolution shot into the top three after not appearing in the top 10 last month, taking third with a 1.46% GGR share. Meanwhile, IGT’s Blackjack title and Evolution’s Live Dealer Crazy Time secured fourth and fifth place finishes with 1.39% and 1.37%, respectively. 

From the top games per GGR, 17 were slot titles, three were table games and five were live casino titles, with no video poker games making the top 25 for just the third time this year.

Proving its dominance once again, Cash Eruption remained in pole position in the top games overall charts, while last month’s eighth-place finisher, Crazy Time from Evolution, hopped into second, replacing IGT’s Blackjack title which dropped to third. 

While Evolution’s Live Dealer Lightning Roulette kept its fifth-place finish, the studio’s Live Dealer Crazy Time title flew into fourth after placing 12th last month.

As a result, the top five was made up of three Evolution games and two IGT titles – with the Crazy Time series appearing twice. 

Only one new title made it into the top 10, as Mystery of the Lamp Treasure Oasis from IGT PlayDigital secured seventh. 

These changes caused a slight shift for last month’s top five finishers, as Capital Gains from AGS fell from fourth to eighth and Gamecode’s Triple Stones dropped from third to ninth. 

IGT also had another good month when it came to the top slots charts, as while Cash Eruption typically kept its first-place finish, the studio’s Mystery of the Lamp Treasure Oasis finished in second place as a new ranking. 

This caused Gamecode’s Triple Stones title to fall from its second-place finish, with the title dropping past Capital Gains in third – the position it finished in October – to fourth. 

Light & Wonder’s Doctor Reactive Mega Drop Low flew into fifth to round out the top five, climbing 16 places after finishing 21st in October. 

For the second month in a row, 12 suppliers were represented in the top slots charts. Light & Wonder, Evolution, Aristocrat, Reel Play, Everi, Inspired and Games Global each had at least one slot appearing in the top 25. 

A majority of new rankings and shifting slots from October’s top 10 made up the top new game rankings, with 1×2 gaming’s new ranking 3 Porky Banks Hold and Win pipping Mystery of the Lamp Treasure Oasis to the post. 

This caused Gamecode’s Triple Stones to finally lose its position at the top of the pile, dropping into third as Playtech’s Breaking Bad Collect Em and Link took fourth as a new ranking. 

Furthermore, Bankin More Bacon from White Hat Studios rounded out the top five as a new ranking. 

7s Fire Blitz from White Hat took sixth after falling from September’s third place, while Lucky Bonanza Cash Spree, a new ranking from Games Global, placed seventh.

Two more new rankings, The Walking Dead Collect Em from Playtech and Games Global’s Immortal Romance 2, took eighth and ninth place respectively, while White Hat Studios’ Lightning Gold rounded out the top 10 by climbing from 19th place last month. 

As per usual, each game that appeared in the top 25 new games was a slot release. 

Evolution led the supplier charts for another month, securing the largest portion of GGR share with 18% (October: 18%). IGT and L&W also kept their positions in the supplier charts with 17% (October: 17.4%) and approximately 13.4% (October: 13.4%), respectively. 

Meanwhile, Games Global regained some of the percentage points it lost last month when it dropped from 8.4% to 7.4%, rising back up to 7.8%, while White Hat gained some traction by coming in with 6.1% (October: 5.6%). 

In terms of total games tracked, slots remained the dominant segment with a total of 91.4%, ahead of table games which stood at 3.3%. 

Instant win was next with 2.3%, just ahead of live casino’s 1.4%, video poker’s 0.9%, lottery’s 0.4% and bingo/keno’s 0.2%. 

Mobile recorded the highest percentage of theoretical win generated per vertical with 72%, followed by desktop at 27.1% and tablet at 0.8%. 

The latest US Eilers-Fantini report examined data from Michigan, West Virginia, Pennsylvania, New Jersey and Connecticut across 28 online casino sites and 67,740 games, representing around 64% of the US market.

Canada figures

Eilers & Krejcik’s Canadian report continues to provide statistics on the nation’s online casino industry, covering nine online casino sites to track 18,105 games across five provinces. 

Yet again, IGT’s Cash Eruption kept its position atop Canada’s most-played games by GGR chart, but with a slight drop in GGR share to 2.03% (September: 2.09%).

For consecutive months, the slot gained a considerable portion of the GGR share compared to the rest of the competition, more than doubling IGT’s Cleopatra title, which climbed from third to second with a 0.91% GGR. 

Last month’s second-place finisher, Live Dealer Roulette by Evolution, dropped into third with a 0.86% GGR share, followed by Light & Wonder’s The Godfather slot which had a 0.83% GGR share. 

Wish Upon a Star from Greentube, came in fifth with a 0.75% GGR share. 

Despite dropping considerably in GGR share, IGT remained ahead of L&W in the Canadian supplier charts, claiming a 15.6% GGR share (October: 17.1%) which pipped L&W’s 13.48% (October: 15.42%).

Games Global just beat Evolution to third, claiming 12.22% of GGR (October: 11.99%). Evolution’s GGR share stood at 11.51%, rising slightly from last month’s 11.4%. 

Pragmatic Play remained in fifth with a 10.39% GGR share, a slight increase on last month’s 10.27%. 

If interested in learning more, subscribing, or participating in the Eilers-Fantini Online Game Performance Database reach out to Rick Eckert at reckert@ekgamingllc.com.

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