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State’s Top Court Sets Broad Rule for Establishing Skill Game Legality

Chicago Daily Law Bulletin

On April 16, the Illinois Supreme Court issued a surprising decision in the case Dew-Becker v. Wu, 2020 IL 124472 (April 16, 2020) (“Dew-Becker”), holding that head-to-head daily fantasy sports (“DFS”) contests do not involve “gambling” under Illinois law. The decision is surprising because Illinois law has one of the strictest definitions of “gambling” in the country. The court’s analysis in Dew-Becker has potentially far ranging implications for the legality of not just head-to-head DFS contests, but all forms of DFS operations and the operations of other entertainment games where participants can win a prize.

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“State’s Top Court Sets Broad Rule for Establishing Skill Game Legality,” by Dennis M.P. Ehling was published in the Chicago Daily Law Bulletin (Vol. 166, No. 98) on June 15, 2020. Reprinted with permission.