By Ellen M. Zavian, Editor-In-Chief
(What follows appeared in the initial issue of MyLegalBookie.com, a publication devoted exclusively to the intersection of sports betting and the law. Subscriptions are complimentary and available at the site.)
Jeff Ifrah may not play the slot machine, but he likely could be the very reason the ‘game of chance’ is in the building. Considered one of the world’s foremost attorneys in Online Gaming Law, Jeff and his firm often finds themselves in the center of most of the prominent prosecutions and lawsuits in the iGaming industry. His clients in this arena include Genius Sports, Kambi, Sport Radar, Gaming1, Boom Fantasy, White Hat Gaming, Barstool Sports, The Action Network, Unikrn, Bet365, Playtech, WorldPay and the Stars Group.
He has also focused on giving back to the gaming community by founding iDevelopment and Economic Association (iDEA), a non-profit association seeking to grow jobs and expand online interactive entertainment business in the U.S. through advocacy and education. As if this is not enough, Jeff currently serves on the editorial and advisory board of Online Gambling Lawyer, and is co-author of Federal Sentencing for Business Crimes, the only comprehensive treatise on federal sentencing in the context of business and white-collar crimes.
We sat down with Jeff to figure out where his passion for gaming comes from….starting from the beginning:
Question: Did you play ‘betting games’ as a kid or in high school?
Answer: I did not bet on sports in high school or play betting games, like marbles, with my friends. My parents did like their weekly rummy games and that might the closest I ever came to a betting game until my work as a lawyer.
Q: When did you begin to lean in on the gaming side of the law and why?
A: I am not a big believer in chance, but gaming kind of fell into my lap. A fellow I was in the Army with became a gaming regulator and knowing him became a basis for my law firm, after gaming clients began contacting me for advice.
Q: How did your undergrade degree impact you as a lawyer?
A: I am not sure my undergraduate degree from Yeshiva University in Political Science and Sociology played a significant role in influencing my focus as a gaming lawyer. Even my second degree, an M.A. in Medieval History played no role in my current focus. However, following my time at Yeshiva University, I attended Benjamin N. Cardozo School of Law, which likely played the most significant role, especially when I became the Editor for the Cardozo Arts and Entertainment Law Journal.
Q: How has your work in the Army impacted your current work in gaming?
A: My US military experience taught me how to improve my patience and discipline. It is the presence of these two traits that I have applied to building my gaming firm in DC … especially since the industry’s slow growth across states required a lot of patience and discipline and one more thing, faith!
Q: What market conditions led to the creation of gaming in sports today?
A: Much of the push came from the small state of New Jersey, via their casino and racing industries, when they moved for new forms of gaming, especially sports betting. New Jersey did so at a time when casino revenue was on the decline and the industry needed a boost to survive. Specifically, when the New Jersey case, Christie v. NCAA, made it all the way up to the US Supreme Court. The Justices declared unconstitutional a Congressional law (PASPA) passed a quarter century ago that forced states to keep sports gambling bans on the books. The 6-3 decision cleared the way for other states to join Nevada in allowing bets to be placed on individual games. It was this decision that created the snowball effect we are seeing across the United States today
Q: What kind of clients in the gaming industry should consider enlisting Ifrah as counsel? Why is Ifrah unique in this way?
A: Ifrah lawyers have been involved in every aspect of gaming and sports betting since the inception in the US. We have been behind the defense of major operators, writing major state legislation and regulation, generating traffic and interest via large media and market access deals. As a result, our lawyers are uniquely equipped to handle all aspects of gaming and sports betting, from corporate formation to licensing and litigation to full scale investment raises and merger and acquisition work. We publish more in the US regulated and legal gaming space than other firms in this space.
Q: What do you find most challenging about your practice focused on gaming?
A: Most challenging, even frustrating, is the continued work we do to help operators scale across the US. There are many entry barriers as new states come online and many of them unfortunately impact the consumer experience. High tax rates and high licensing fees are an example of bad policy. Given the offshore industry is alive and well, these entry barriers need to be minimized if the industry is to flourish nationally.
Q: If you had the ear of politicians working on their state gaming bills, what would you tell them?
A: State gaming legislators need to appreciate first and foremost that mobile gaming is safe and fun. It will not hurt casino, racetrack or lottery revenues and it will not lead to increased gaming addiction. Legalizing only sports betting, and even worse, exclusively retail sports betting, literally leaves tens of millions of dollars on the table and forces younger players to seek entertainment offshore, where it is not taxed and not regulated. It is that simple.
Q: Can you discuss where the need/idea came from when you took it upon yourself to create founding iDevelopment and Economic Association (iDEA)?
A: I don’t think the idea to start a mobile gaming trade association was by any means mine and there were associations that preceded iDEA. I was fortunate to have the support of so many gaming executives at a time when the industry was young and almost exclusively in New Jersey. I was motivated by the notion that if the industry did not combine efforts and experience, it would simply never scale and if it did not scale it would literally die. That would be bad obviously for the industry, but also for consumers, and ultimately, for our firm!
