POWERFUL ADVOCATES

Gaming Industry Counseling, Litigation and Investigative Services

A gaming business requiring assistance in connection with legal compliance, risk management or allegations of misconduct often requires counseling and expertise in diverse areas of law, as well as investigatory fact finding. Pepper can meet all of a gaming client’s requirements.

Litigation Experience

When allegations of wrongdoing arise, gaming business can expect to face simultaneous scrutiny from multiple regulatory and law enforcement agencies, which are often followed by civil litigation. Pepper is well-equipped to counsel and defend gaming clients in all of these proceedings.

Our team includes former federal and state prosecutors, and experienced trial lawyers with decades of experience. Pepper provides gaming clients with the strategies and preparation to navigate the potential pitfalls not only of civil litigation, but of dealing with federal and state agencies in investigations, enforcement actions and litigation. From its experience in nationally publicized events and investigations, Pepper is prepared to assist in crisis management if needed.

Board Governance and Institutional Risk Management

Effective governance and oversight of operations is a critical function for boards of directors. Pepper is experienced in assessing board governance and risk management procedures for gaming clients and others, and recommending improvements to conform with best practices. Issues we are experienced in examining include:

  • board size, composition and governance, including the independence of directors
  • ethics and conflicts of interest policies for board members, including guidelines for conflicts management and ethics training requirements
  • board committee structures to ensure frequent and robust examination of legal, audit, compliance and risk management issues
  • oversight of the president, general counsel, chief compliance officer and other senior managers
  • review, revision and implementation of disciplinary codes, compliance programs and institutional policies and procedures regarding issues such as sexual harassment, drug and alcohol abuse, organized crime association and many others.

Internet Gaming

Pepper has cutting-edge experience in internet gaming, and the issues it engenders under federal and state law. Members of the Pepper gaming group have spoken and written extensively in the United States and abroad on internet gaming, and have undertaken numerous representations of businesses and individuals in internet gaming matters, including in US v. Pokerstars and other criminal and civil cases and investigations involving internet gaming.

Transactional Legal Services and Securities Laws Compliance

Pepper assists gaming industry clients in connection with all their transactional legal needs. In addition to mergers, acquisitions, investments, joint ventures and similar transactions, we are experienced in counseling clients on general disclosure and reporting obligations under federal and state securities laws, including the Securities Exchange Act of 1934 and the Securities Act of 1933.

Food and Beverage

Pepper has extensive experience in the food and beverage segment. Pepper’s food and beverage group has more than 40 lawyers who provide legal services to clients such as chain restaurants, food outlets, processors and manufacturers, industry trade associations and many others in food, beverage and hospitality businesses.

Procurement Fraud

Procurement is a frequent problem area for business in the hospitality and gaming businesses. Most businesses have policies and procedures governing the procurement process, but all too often those policies are not rigorously followed. Many businesses rely on internal audits to find wrongdoing and deter potential procurement fraud. Pepper is experienced in going beyond traditional audits to uncover the facts behind suspected fraud and misconduct.

Our personnel are experienced in conducting a thorough review of existing policies and procedures; assessing the “tone from the top” and general compliance culture at a business; training employees on ethics and fraud prevention; implementing strong anti-fraud controls; investigating and uncovering instances of fraud; and working with law enforcement to prosecute offenders.

Labor and Employment

Pepper counsels businesses and institutions on human resources matters ranging from compliance with federal and state employment laws to collective bargaining and representation in employment litigation. For example, Pepper routinely advises clients on compliance with Title VII of the Civil Rights Act, the Americans with Disabilities Act, the Age Discrimination Employment Act, the Family and Medical Leave Act, the Fair Labor Standards Act, OSHA, WARN and similar state laws. The firm helps clients respond to the government agencies that investigate complaints and charges of discrimination. Our lawyers are experienced in defending clients in discrimination cases and in related tort claims such as wrongful discharge, defamation, intentional interference with contractual relations and intentional infliction of emotional distress. Pepper also counsels clients on basic employee policies and practices, such as developing employee handbooks and guidelines.

Monitorships

Pepper attorneys are experienced and capable in serving as monitors of organizations subject to governmental, regulatory or other consent decree or a court order requiring oversight of their compliance efforts. Our personnel have been tasked with serving as monitors for numerous organizations.

Construction

Pepper has a leading national practice in construction litigation, with significant experience for gaming industry clients. The firm is highly experienced in advising on construction project management and in resolving construction disputes. Pepper helps negotiate, draft and render advice concerning design and construction contracts.

Patents and Other Intellectual Property

Pepper is highly experienced in assisting businesses in evaluating and protecting their innovations and other intellectual property, and in moving IP from the research lab to the marketplace. Pepper counsels businesses and institutions on patent assessment and prosecution; copyright and trademark registrations; technology transfer; IP portfolio management; due diligence investigations; IP audits; domestic and international IP protection; licensing; rights clearances; IP litigation; and a host of other IP matters.

Insurance Counseling

Pepper is experienced in advising business on insurance coverage issues, including policy and risk audits to ensure that insurance policies accurately state coverage, and to identify any gaps in coverage. We also advise clients on submitting claims and in resolving a wide variety of coverage disputes with insurers, including litigation if necessary.