Lewis Roca Blog

Retaining a Grandfathered Gaming Location in Nevada | We have all heard the phrase location, location, location. In the context of gaming in Nevada, grandfathered locations refer to casinos or gaming establishments that have been allowed to continue operations under previous laws or regulations, even after new laws or restrictions were put in place. These locations often enjoy certain privileges that newer establishments do not.

Meet Mariela Hollines, the latest addition to the Lewis Roca Michael D. Nosler Scholarship program. Born and raised in Colorado, Mariela has always maintained a strong connection to her community. She earned her undergraduate degree from the University of Northern Colorado, majoring in Economics with a minor in Africana Studies. Now in her second year at the University of Colorado Law School, Mariela is on a path to making a meaningful impact in the legal field.

The impact of social media is undeniable in today’s society. Whether it is utilized for personal use, maintaining family connections, or capitalizing on the latest trends, social media is interwoven into the fabric of society. These opportunities are not; however, limited only to individuals. Social media can be an invaluable marketing outlet for all businesses. It allows companies the opportunity to advertise their products and services to large audiences, connect with the public, and strengthen their brand. Of note, promotional sweepstakes are a highly effective marketing tool that companies can utilize to achieve optimal results.

On November 8^th, Arizona voters approved Proposition 209, which significantly modifies the rights of creditors. Although the pre-election publicity focused mostly on medical debt, Prop. 209 changes how all types of debt can be collected against individuals. The initiative took effect on December 5, 2022.

Earlier this week, the Nevada Gaming Control Board (“Board”) released a notice to licensees encouraging the introduction and use of new and innovative technology into the gaming industry in Nevada. To achieve this objective, the Board released guidelines to expedite the evaluation of gaming technology, effective July 1, 2024. The guidelines do not modify or amend any regulation adopted by the Nevada Gaming Commission (“NGC”), rather they are meant to incorporate the processes the Board intends to follow within the existing parameters of the NGC regulations.

In early March 2024, the Nevada Gaming Control Board (“Board”) voted unanimously in favor of a series of proposed amendments to Gaming Regulation 5, specifically as it pertains to registered hosting centers and service providers (in particular, cloud computing service providers). These regulations were recently considered for final approval by the Nevada Gaming Commission (“Commission”) at its May 16^th meeting.

The Nevada Gaming Control Board will hold a workshop on May 23, 2024, to solicit comments on proposed amendments to Nevada Gaming Commission Regulations regarding, without limitation, Regulations 5, 7A, 8, 9, 14, 16, 22, and 28.

Plaintiffs’ counsel have developed a new weapon in their arsenal for privacy litigation involving tracking pixels:  Arizona’s “Telephone, Utility and Communication Service Records Law,” A.R.S. § 44-1376 et seq. 

In 1980, Congress passed Public Law 96-221, called the Depository Institutions Deregulation and Monetary Control Act (“DIDMCA”), which, in part, allowed federally insured state banks, state credit unions, and state savings institutions the ability to export the “interest” permitted under their home state laws to customers/borrowers in other states without regard to any “interest” limitations in the customer’s/borrower’s home or domiciled state. This put state-chartered banks on equal footing with national banks and federal credit unions, which already could lend across the nation at any interest rate allowed in their respective home states. DIDMCA, under Section 525, also permitted states to opt-out of allowing this kind of interest rate exportation (Sections 521-523 of DIDMCA). As referenced above, federal interest rate exportation authority of national banks or federal credit unions is not based on DIDMCA and will therefore not apply to the following discussion.

Over the years many clients have forwarded to us scam trademark mailings. These mailings come from various official-sounding sources, all of which seek money to allegedly take action regarding the client’s trademarks. However, we have learned of a new, bolder scam.  We have multiple reports of clients receiving telephone calls claiming to be from the United States Patent and Trademark Office (USPTO). The caller claims an immediate payment is needed to maintain a trademark filing, when no such payment is in fact needed. The caller is armed with specific data about the filing (which is all public record) and often calls within a day or two of when an application is filed. One caller even spoofed the USPTO telephone number, and pointed their potential victim to that number on the USPTO website in an effort to legitimize their claims.