Publications
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04.17.2024CFPB Issues New Report Examining Financial and Privacy Risks to Consumers in Video Gaming Marketplaces: What Now?BlogsOn April 4, 2024, the Consumer Financial Protection Bureau (CFPB) issued a new report, titled “Banking in Video Games and Virtual Worlds” (Report), that examines the growth of financial transactions in online video games and virtual worlds.
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03.19.2024North Carolina Sports Gambling Goes Live, Other States in Close PursuitUpdatesNorth Carolina joined approximately 29 other states and became the most recent state with legal online sports betting on March 11, 2024.
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01.16.2023Great Cancellations: Kentucky’s New Subscription Law and FTC’s Expansion of the Negative Option RuleUpdatesThe latest additions to the patchwork of state and federal regulations with which businesses offering subscriptions must comply are a new Kentucky law governing subscriptions offered in that state and the Federal Trade Commission’s proposed amendments to its “Negative Option Rule.”
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04.19.2023Vendor Licensing Lessons Learned From Seton Hall’s Regulated Gaming ConferenceBlogsWe recently attended the fourth annual Seton Hall Law School Gaming Law, Compliance & Integrity Bootcamp.
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04.04.2023FTC Proposes Rulemaking for Recurring Subscription ProgramsUpdatesThe Federal Trade Commission recently announced a notice of proposed rulemaking to expand its Negative Option Rule to apply to all recurring subscription programs.
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20222022 XR ReportLawyer PublicationsPerkins Coie’s survey of 150 industry stakeholders involved in XR and next-gen technology, which encompasses technological advancements such as Web3 and the metaverse, shows that immersive technology has reached a critical point.
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10.13.2022New Jersey To Regulate Automatically Renewing Subscription ServicesUpdates
New Jersey has become the latest state to pass a law governing some types of automatically renewing subscriptions.
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02.03.20222022 Compliance Landscape for Recurring Subscription ProgramsUpdatesBusinesses that allow customers to sign up for automatically renewing subscriptions must comply with a patchwork of state and federal regulations.
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2021XR Industry Insider 2021 AR/VR/XR Survey ResultsLawyer PublicationsPerkins Coie and XR Association survey of over 160 professionals found that immersive technology’s prospects have been strengthened by the pandemic.
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06.08.2020Challenge Mode: COVID-19’s Impact on the Video Game IndustryUpdatesCOVID-19 has wreaked havoc on the entertainment industry, creating massive disruptions across many industry sectors.
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05.19.2020ESRB Issues Labeling Requirement for Video Games Containing Loot BoxesUpdatesThe Entertainment Software Ratings Board (ESRB) issued a new labeling requirement for games containing “loot boxes” in April 2020.
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20202020 Augmented and Virtual Reality Survey ResultsLawyer PublicationsPerkins Coie, XR Association, and boost VC surveyed nearly 200 professionals representing startups, enterprise technology firms, and investors for their insights on the trajectory of the immersive technology industry.
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12.23.2019‘Tis the Season for Gift CardsUpdatesIt’s hard to know what to give to everyone on your list this holiday season. For the 13th year in a row, the National Retail Federation found gift cards are the most popular item on holiday wish lists, requested by 59% of those surveyed.
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06.18.2019Extended Reality “as Ubiquitous as Smartphones” by 2025, According to Recent SurveyArticlesThere has never been a more exciting time for business executives to embrace extended reality and propel their companies into the future. Extended reality (“XR”) is the umbrella term for immersive technologies such as augmented reality (AR), virtual reality (VR), mixed reality (MR), and other forms of alternate, expanded, or immersive reality applications, including those not yet invented.
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20192019 Augmented and Virtual Reality Survey ResultsLawyer PublicationsPerkins Coie surveyed 200 startup founders, technology company executives, investors and consultants on key challenges and opportunities in the immersive technology space.
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03.26.2019New Accessibility Requirements in Effect for Video Game SoftwareUpdatesAs of January 1, 2019, video game developers and publishers are now subject to certain accessibility requirements under the Twenty-First Century Communications and Video Accessibility Act (CVAA) that apply to manufacturers and providers of advanced communications services (ACS).
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20182018 Augmented and Virtual Reality Survey ResultsLawyer PublicationsPerkins Coie surveyed 140 startup founders, technology company executives, investors and consultants on key challenges and opportunities in the AR/VR space.
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03.26.2018AR/VR Industry is Growing and Facing New Challenges, Perkins Coie Survey FindsUpdatesAugmented reality and virtual reality are showing clear signs of a growing industry—with increased investment, exciting new content (and types of content) and technological advancements.
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10.19.2017California Updates Its Auto-Renewal LawUpdatesFrom fashion clothing in the mail to gym memberships to monthly mobile app subscriptions, the subscription-based business model is everywhere and here to stay.
This update has been republished in California Lawyer on 12.04.2014, "Auto-Renewal Update." -
11.02.2016AR and VR developers eyeing technology IP issuesArticles
Intellectual Property Magazine
Kirk Soderquist and Elizabeth Renieris explain how the IP landscape in the US for augmented and virtual reality is unquestionably murky. -
09.13.2016Future of Augmented and Virtual Reality Revealed in Perkins Coie and Upload SurveyUpdatesThe launch of Pokémon Go in July took the world by storm, with downloads of the AR game reaching more than 100 million within a month, and 2016 saw the launch of several VR headsets. Multiple studies have predicted significant growth for the industry, including a January 2016 report from Goldman Sachs projecting that AR/VR will be an $80 billion market by 2025.
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20162016 Augmented and Virtual Reality Survey ResultsLawyer PublicationsPerkins Coie and Upload surveyed more than 650 startup founders, executives with established technology companies and investors on the future of augmented and virtual reality.
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03.19.2015No Game Changer for Fantasy Sports in WashingtonUpdatesBased on their interpretation of Washington state gambling laws, many fantasy sports game operators do not allow players from Washington to participate in pay-to-play fantasy sports games. Game operators and players alike were hopeful this would change when Washington state legislators proposed new legislation to legalize fantasy sports games in their state.
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02.06.2013A Gambling Case Software Developers Should Watch CloselyArticles
Law360
Partner Kirk A. Soderquist, along with Partner Jordan Green and Associate Andrew H. Grant, published an article in Law360 titled, "A Gambling Case Software Developers Should Watch Closely," involving the New York Supreme Court’s hearing in a criminal case that may cause concern among software developers whose software could be used for illegal activities. -
01.24.2013Software Developer Accused of Aiding and Abetting Illegal GamblingUpdatesOn January 8, 2013, the Supreme Court of the State of New York conducted a hearing in a criminal case that may cause concern among software developers whose software could be used for illegal activities.
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09.04.2012Another Step Toward Loosening Gambling RestrictionsArticles
Law360
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08.29.2012Another Step Toward Loosening Gambling RestrictionsUpdatesOn August 21, 2012, the U.S. District Court for the Eastern District of New York held that poker is a game of skill and thus running a poker game or business is not subject to federal prosecution under the federal Illegal Gambling Business Act ("IGBA"). Following on the heels of the Justice Department's September 20, 2011 ruling that the Wire Act (which prohibits using wire-line communications to place or receive bets) only applied to sports betting, last week's ruling may be another step toward legalizing online poker.
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01.26.2012Lottery Laws And SMS SweepstakesArticles
Law360
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01.23.2012Final Settlement Reached in Class Actions Against Premium SMS SweepstakesUpdatesNBC, FOX Broadcasting and other defendants reached a multi-million dollar settlement with plaintiffs in multiple California class action lawsuits alleging that American Idol and Deal or No Deal SMS sweepstakes were illegal lotteries.
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11.24.2010New California Law Impacts Automatically Renewing ServicesUpdatesIf your business provides automatically renewed or continuous subscriptions for services such as online games, online or print publications, or other subscription content, then you will need to tailor your service offers to California residents to meet the requirements of California Senate Bill 340 ("SB 340") by December 2010
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12.07.2009New Facebook Promotions Guidelines Now in EffectUpdatesFacebook updated its Promotions Guidelines ("Guidelines") on November 4, 2009, which govern the publicizing and administering of all promotions, including contests, sweepstakes, competitions or similar offerings on Facebook. The changes to the Facebook Guidelines expand Facebook's restrictions on the content of promotions publicized or administered through the Facebook Platform and limit the manner in which a business may use Facebook to publicize or administer promotion(s).
Presentations
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11.01.2023Legal Impact of AI in Game DevelopmentSpeaking EngagementsVideo Game Law Conference (VGLC) / Tokyo, Japan
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11.01.2023Lootboxes and Game Monetization RegulationsSpeaking EngagementsVideo Game Law Conference (VGLC) / Tokyo, Japan
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10.10.2022
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10.18.2021Beyond the Boom: NFTs in EsportsSpeaking Engagements
Workshop
Esports Business Summit / Las VegasThe summit brought together all sectors of the esports ecosystem for three days of networking, education, inspiration, and deal-making. -
02.02.2021Spatial Computing: Legal Expertise from Perkins CoieSpeaking EngagementsSpatial Computing: Perkins Coie Legal Expertise
Perkins Coie / VirtualIrena Cronin, co-author of The Infinite Retina, is hosted a virtual roundtable featuring four veteran technology attorneys from Perkins Coie: Debra Bernard, Brian Coleman, Jason Schneiderman, and Kirk Soderquist.
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01.06.2020AR/VR/XR: Top Technology and Entertainment CompaniesSpeaking EngagementsPanelist
Digital Hollywood at CES / Las Vegas, NV -
10.03.2019 - 10.04.2019
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05.14.2018Video Game Bar Association SummitSpeaking EngagementsModerator - AR/VR
UCLA School of Law / Los Angeles, CA -
08.03.2017
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05.15.2017A.R./V.R.Speaking Engagements
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10.14.2016eSports and Fantasy Sports: The Line Between Games of Skill and GamblingSpeaking EngagementsGame Technology Law Conference / Seattle, WA
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03.08.2011IE Roundtable: Virtual Currencies - Real Legal & Financial Reporting Issues for Interactive Entertainment CompaniesSeminarsPerkins Coie LLP / Seattle, WAAs a follow-up to our previous roundtable "Virtual Currencies: Real Legal Issues for Interactive Entertainment Companies" we will examine more closely the unclaimed property issues associated with virtual currency systems and customer loyalty programs and also dive into the revenue and liability recognition issues associated with virtual currency systems and customer loyalty programs.
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04.08.2010Virtual Currencies: Real Legal Issues for Interactive Entertainment CompaniesSeminarsPerkins Coie LLP / Seattle, WA
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10.22.2009 & 11.18.2009Sweepstakes & ContestsSeminarsPerkins Coie / Seattle, WA; Portland, OROur Sweepstakes & Contests presentation was designed to provide your in-house legal and marketing teams with the tools needed when planning and executing any promotional campaign that involves the awarding of prizes.
Virtual Currency Report
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SEC Approves 11 Spot Bitcoin Exchange-Traded Products
On January 10, the Securities and Exchange Commission gave the green light to 11 issuers that applied for bitcoin exchange-traded funds (ETFs). After a false announcement and a course change due to the ruling in Grayscale Investments, LLC v. SEC, the SEC approved spot Bitcoin ETFs for ARK 21Shares, Invesco Galaxy, VanEck, WisdomTree*, Fidelity, Valkyrie,... Continue Reading…
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BarnBridge and its founders Tyler Ward and Troy Murray allegedly sold unregistered SMART Yield bonds, which the SEC considers crypto asset securities. Respondents also were charged with violations stemming from operating BarnBridge’s SMART Yield pools as unregistered investment companies. BarnBridge agreed to disgorge $1,457,000 from the sale and Ward and Murray agreed to civil penalties... Continue Reading…
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NYDFS Proposes Updates to Guidance for Listing and Delisting Digital Assets
What Happened? The New York Department of Financial Services (NYDFS or Department) released proposed updates to its guidance on the self-certification process for listing and delisting digital assets. It also announced significant changes to the Department’s “Greenlist” of vetted digital assets. This industry development affects companies that have received permission to engage in virtual currency... Continue Reading…
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The Federal Reserve’s Novel Activities Supervision Program: What Banks and Nonbanks Need to Know
Financial technology firms and certain banks and bank holding companies can expect to face increased scrutiny as the Board of Governors of the Federal Reserve System takes another step to stem risks related to crypto-assets, use of blockchain technology, and complex fintech partnerships with nonbanks to deliver financial services to customers. Through its newly announced... Continue Reading…