Exclusive – Full Tilt Poker/GBT Lawyer

Full Tilt Poker Lawyer speaks to Infinity Gaming Magazine
Interview with Behnam Dayanim
Partner at Axinn, Veltrop & Harkrider LLP
Law Firm
Infinity Gaming Magazine speaks to Behnam Dayanim, the partner at AVH law firm, whom are handling the negotiations with the US Department of Justice and their client Full Tilt Poker.

Mr Dayanim tells us how the discussions are progressing and what of the future both for Full Tilt Poker and US Online Poker in general Stateside.

Q: Behnam thank you for talking to us today, firstly can we ask you to explain who AVH are and what in particular are your concentrated areas of expertise?

A: AVH is a mid-sized firm with offices in New York City, Washington, DC and Hartford, Connecticut. The firm is very well known for our leading antitrust, intellectual property and complex litigation practices, and in Washington we also boast a regulatory practice with specialties that include gaming, advertising and promotions, data privacy, export control and sanctions. I co-chair the firm’s litigation and regulatory practice group, and specialize in the gaming, advertising and marketing, data privacy and export and sanctions areas. My work includes counseling, regulatory compliance, internal investigations and litigation.

Q: In particular one of you areas of expertise is in the Gambling sector, can you tell us a little about what currently is your firm handling? We understand you cannot name clients and particular cases, but what kind of cases do you currently involved in?

A: Sure. Gaming is one of my areas of focus, and I represent a range of clients, including traditional land-based US companies, internet gaming operators, payments providers and others. In recent months, I’ve been involved in a range of activity, including litigation in the state of Kentucky involving internet gaming, advice to companies looking at various internet gaming models and regulatory work.

Q: How does AVH see the US making online gambling industry evolving in 2012?

A: Online gaming in the US is inevitable, either at the state or federal level. Nevada is the first state, but will not be the last, to legalize and regulate online gaming. The only question is whether 2012 will see the first steps by states into the market or whether the federal government will enact legislation that provides an overall framework for online gaming in the country.

Q: In your opinion will 2012 see either federal or state legal online gaming?

A: Yes! Which it will be, I’m not certain. But we will see legal online gaming this year – in Nevada, if nowhere else, but I am confident other states will follow suit if the federal government does not.

Q: What has AVH seen a growth in, related to land based or online gaming? Have you been approached mostly on online gaming legislation in the US or other matters most?

A: Our expertise is primarily in online gaming. I am familiar with traditional gaming regulation in many states, but we do not hold ourselves out as traditional gaming licensing counsel. Our clients typically are either of two varieties: (1) licensed gambling companies – either traditional or online – that want advice on internet gaming issues; or (2) non-gambling companies that want to offer online games but not have those games cross offer into regulated (prohibited) gambling.

Beranrd Tapie, still ongoing

Q: Most recently AVH and your good self have been involved in the Full Tilt Poker/Group Bernard Tapie case with the US Department of Justice, has that now been concluded?

A: No. That is a very “live” matter. We are hopeful we will be able to get to conclusion soon, but substantial hurdles remain between now and completion. It will be interesting to see how matters unfold in the next few weeks.

Q: On the same subject, what is the legal standing with FTP/GBT going back into a regulated US market, when that happens in the US?

A: At this point, there is no regulated US market, other than the soon-to-be-opened intrastate market in Nevada. It would be foolish to build a business model based on a non-existent (legal) market. GBT’s strategy is based on a Rest-of-World model. What the future may hold would require an oracle, not a lawyer!

NEWS SPONSOR

Q: Do you think AVH will see an large increase in online gaming clients in 2012 as more speculation grows on regulating online gambling in the US?

A: From your mouth to God’s ears….. I certainly would welcome more inquiries along those lines!
Seriously, I do think this is an area that is drawing increased attention from two directions – the licensed gaming (gambling) companies that know they cannot ignore the opportunities online gaming presents and the non-licensed non-gambling gaming companies that want to replicate the online gambling gaming experience as closely as possible without crossing the line into prohibition or licensing. Licensing is a cumbersome process, and companies that are not familiar with it rightly find it intimidating.

Q: If you could offer one small piece of advice to any European Online Operator, big or small looking to enter a new regulated US online market, what would it be?

A: Find a US partner that already is a licensed US gambling company. No matter how the rules are set out, it will be far easier navigating a US licensing regime with a US partner that already knows its way around.