Anyone who has watched football this season has seen the ubiquitous advertising and promotion for pay-to-play daily fantasy sports (“DFS”) sites such as DraftKings and FanDuel. On Oct. 15, 2015, the Nevada Gaming Control Board (the “Board”) issued a notice concluding that DFS is gambling under Nevada law. The Board ordered all unlicensed DFS operators to “cease and desist” until the requisite gaming approvals are obtained or until applicable gaming laws are changed by the Nevada Legislature.

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