4 Takeaways For States From 1st Circ. Wire Act Lottery Ruling

Law360 (February 5, 2021, 6:45 PM EST) -- On the first day of the administration of U.S. President Joe Biden, in NH Lottery Commission v. Rosen, the U.S. Court of Appeals for the First Circuit confirmed that state-run, intrastate, online lotteries may continue to operate, consistently with former President Barack Obama-era U.S. Department of Justice Department guidance that the DOJ had withdrawn and reversed in 2018.[1]

Forty-five states, the District of Columbia, Puerto Rico and the U.S. Virgin Islands have authorized lotteries, including New Hampshire, whose lottery commission was a claimant in the First Circuit case.

The First Circuit's opinion offers comfort to those state-run lotteries already operating online — as...

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