GAMING

At O'Rourke, we represent businesses and individuals who seek gaming licenses, liquor licenses and related approvals, from the relevant federal, state and local agencies.

O'Rourke has experience with a broad range of business and legal concerns that affect the gaming industry. O'Rourke has substantial experience offering comprehensive legal services to a wide range of gaming clients in Illinois and worldwide, involved in all aspects of the casino, local video, pari-mutuel and online gaming industries.

 

We have also acquired significant expertise in the financial structuring of gaming transactions by representing investors, including private equity sources and real estate investment trusts, and lenders to gaming projects. We advise clients on structuring of transactions to minimize gaming issues and assist in obtaining necessary approvals for acquisitions, financings, business restructurings and mergers and acquisitions. 

 

We have represented clients in all aspects of casino and video gaming-related transactions, including the development and acquisition of facilities, structuring, negotiating and documenting of joint ventures to develop or acquire gaming projects, representing pari-mutuel, off-track betting and “racino” gaming operations, advising casino operators, casino gaming suppliers, equipment manufacturers and other vendors on licensing and other regulatory matters.

 

We have experience associated with gaming tax issues; disciplinary matters; Internet gaming concerns; gaming device system and equipment approvals; federal and state law implications of promotions and contests and currency transaction reporting issues. We also assist clients with regulatory issues by implementing comprehensive compliance programs that cover due diligence requirements with respect to employees, vendors, junket representatives and major financings and transactions.

 

In addition, we have experience in the rapidly expanding sweepstakes and contest industry, and our attorneys review client sweepstakes, contests and other promotional and marketing campaigns for compliance with applicable state and federal laws. We also routinely review marketing campaigns and draft applicable rules to ensure compliance.  We also have advised Native American tribes with respect to Class II and Class III gaming operations.

Our attorneys provide counsel and representation with respect the following areas of the gaming industry:

 
Licensing and Regulation
  • Representing clients before local, state, federal and international regulatory bodies.

  • Represented clients before state and tribal gaming agencies on regulatory, licensing, background investigations and disciplinary matters.

  • Preparing applications and obtaining applicable regulatory licensing and approvals.

  • Obtaining governmental permits required for the development and operation of casinos and video gaming routes.

  • Obtaining favorable results for licensing-related disciplinary matters.

  • Maintaining compliance with current and new regulations.

  • Writing and reviewing gaming and compliance plans and providing counsel on proper implementation of these plans .

 
Legislative and Regulatory Adoption
  • Our gaming law attorneys are actively involved in legislative processes leading to the development and adoption of laws that permit various forms of gaming worldwide. We have advised sovereign governments, regulatory agencies, tribal nations, casino operators and casino suppliers on establishment of gaming industries and regulatory environments.

  • Representing gaming clients called to testify before legislative committees and file comments on behalf of our clients in ongoing government rule-making proceedings.

  • Drafting proposed legislation, ruling requests, formal position papers and technical comments relating to the gaming industry.

 
Project Finance and Development
  • We represent gaming entities in obtaining secured and unsecured loans, funding and private placement of debt securities that is essential to the development, operation and growth of their enterprises. We also represent financial services companies with interest in the gaming industry with respect to their funding of gaming industry participants.

  • Our attorneys represent clients around the globe in all legal aspects of constructing and developing gaming operations, including transactions, real estate, zoning, construction and permits, as well as joint venture projects.

  • Represented national lender on sale of gaming loan portfolio and refinancing of existing casino revenue secured loan.

  • Represented casino developers in putting land into trust and developing gaming and resort-related facilities.

 
Native American Affairs
  • Negotiated of Tribal-State Compacts.

  • Represented on land-into-trust acquisitions for gaming and non-gaming purposes.

  • Obtained approval for gaming management contracts and collateral documents from the National Indian Gaming Commission and/or the Bureau of Indian Affairs.

  • Obtained "declination" letters from the National Indian Gaming Commission on agreements not constituting management contracts.

  • Assisted clients in federal recognition process for Indian tribes.

  • Represented national lender and developer in documenting loans, leases and easements governed under Native American law.

 
Insolvency, Bankruptcy & Corporate Reorganization

Our attorneys represent lenders and creditors impacted by bankruptcy filings, as well as clients interested in acquiring the assets of gaming-industry entities involved in bankruptcy. We have significant experience working with secured creditors, unsecured creditors, lessors, tenants and purchasers in out-of-court workouts, insolvency proceedings and Chapter 11 cases involving corporate debtors.