Adam Berger is a partner in the firm’s Gaming Industry Group. Mr. Berger represents public and private companies involved in all facets of the gaming industry in a broad variety of corporate and regulatory matters.
Mr. Berger has extensive experience representing casinos, casino holding companies and gaming equipment manufacturers, as well as financial institutions including banks, private equity funds and hedge funds in connection with mergers and acquisitions, debt transactions, licensing, compliance matters and regulatory investigations. Additionally, Mr. Berger has represented clients in competitive licensing contests before various gaming agencies. Mr. Berger regularly advises clients on emerging developments and legislation affecting the brick-and-mortar and Internet gaming industries.
Outside of the traditional casino space, Mr. Berger has advised traditional gaming companies, media companies, professional sports teams and financial institutions on matters related to the rapidly expanding sports wagering industry in the United States. Mr. Berger has also represented numerous companies involved in the fantasy sports and skill-based gaming industries.
As the immediate past Chair of the Pennsylvania Bar Association’s Gaming Law Committee and a former Chair of the New Jersey State Bar Association’s Casino Law Section, Mr. Berger is a frequent speaker on gaming industry expansion, online gaming and sports betting across the country. Mr. Berger was named to Global Gaming Business Magazine's "40 Under 40" list in 2017.
Mr. Berger is a 2010 cum laude graduate of Villanova University School of Law and a 2007 magna cum laude graduate of The George Washington University.
Areas of Practice
- Corporate Law
- Gaming Law
Represented Fubo Gaming, Inc., a subsidiary of leading sports-first live TV streaming platform fuboTV Inc., in a market access agreement with The Cordish Companies, the owner and operator of Live! Casino & Hotel Philadelphia and Live! Casino Pittsburgh; the agreement covers the forthcoming mobile Fubo Sportsbook in Pennsylvania and provides for state-wide mobile access for both sports betting and iGaming.
Represented fubo Gaming, Inc. f/k/a Vigtory, Inc., in entering into three sports wagering market access agreements: one in Indiana with Caesars Entertainment, one in New Jersey, also with Caesars Entertainment, and one in Iowa with Casino Queen.
Represented online sportsbook operator Vigtory Inc. as transaction and gaming counsel in its sale to FuboTV Inc. (NYSE:FUBO), a sports-focused streaming television service; this is the first time a media company in the U.S. has fully acquired and will operate a live sportsbook.
- Represented CBS Sports Digital, the second-largest sports property in the U.S., in entering into a strategic partnership with William Hill, a leading sports book operator; the partnership makes William Hill the official sports book and wagering data provider across selected CBS Sports Digital platforms.
- Represented Inspired Entertainment, Inc. (NASDAQ: INSE), a gaming technology company, in a matter of first impression before the Pennsylvania Gaming Control Board in securing a licensing waiver for a significant private equity fund shareholder.
Represented Vigtory, Inc., an innovative new entrant into the sports wagering market, in a multi-year technology and media partnership with The Action Network, one of the most trusted sources for sports betting news and analytics.
Advising Better Collective A/S, a Danish publicly traded internet gaming and sports betting marketing affiliate, in structuring media relationships and obtaining gaming licenses and regulatory approvals in several U.S. jurisdictions.
- Obtained a favorable ruling from the California Gambling Control Commission finding client Halifax Security, Inc. d/b/a North American Video suitable to provide security and surveillance systems and services to various tribal gaming establishments licensed by the Commission and operated in California by the Barona Band of Mission Indians, Cabazon Band of Mission Indians, Soboba Band of Luiseno Indians, Sycuan Band of the Kumeyaay Nation and the Table Mountain Rancheria.
- Represented JPJ Group (formerly LSE:JPJ), a leading global online bingo-led operator, in its £490m acquisition of online gaming company Gamesys Holdings Ltd., thereby forming Gamesys Group (LSE:GYS).
- Represented Score Media and Gaming Inc. (TSE:SCR) in negotiating a strategic partnership with Penn National Gaming, Inc. (NASDAQ:PENN), which allows Score the right to obtain market access to offer online and mobile sports betting and i-gaming applications in 11 states where Penn National operates casinos and racetracks.
- Represented the Las Vegas Sands Corp. in the $1.3 billion sale of its Sands Bethlehem Casino Resort to the PCI Gaming Authority d/b/a Wind Creek Hospitality, providing gaming regulatory guidance in the transaction.
- Represented theScore, Inc., a publicly traded digital media company, as regulatory and transactional counsel regarding agreements with Darby Development LLC, the operator of the Monmouth Park Racetrack and Betworks (US) LLC whereby theScore will offer and operate on-line and mobile sports betting throughout the state of New Jersey.
- Represented a manufacturer and distributor of gaming equipment with one of its key employees in obtaining reconsideration and reversal of the Kansas Racing and Gaming Commission’s denial of the employee’s application for renewal of a gaming license.
- Represented Golden Entertainment, Inc. (NASDAQ:GDEN) before the Pennsylvania Gaming Control Board in connection with its application for a license to operate video gaming terminals in the Commonwealth.
- Represented J.P. Morgan, and its co-lenders Winthrop Capital Partners and Witkoff Group, as first lien lenders in its $285 million debt restructuring and equity transfer involving the Ocean Resort Casino, a casino hotel located in Atlantic City, New Jersey.
- Represented Boyd Gaming Corporation in its acquisition of Valley Forge Casino Resort, successfully obtaining regulatory approval to close the acquisition.
- Represented Boyd Gaming Corporation in connection with receiving preliminary approval from the Pennsylvania Gaming Control Board of its acquisition of the Valley Forge Casino Resort.
- Represented Prepaid Network Inc. in obtaining an approval from the New Jersey Division of Gaming Enforcement for the launch of a product known as WYRZ, a virtual Visa card used for funding iGaming accounts.
- Represented GameCo LLC, the creator of the world's first skill-based video game gambling machines (VGM™), in securing a $45 million debt facility.
- Represented GameCo, Inc., the creator of the world's first skill-based video game gambling machines (VGM™), in acquiring approvals from the New Jersey Division of Gaming Enforcement to debut its product at Atlantic City casinos.
- Legal counsel to American Racing and Entertainment, LLC, parent company of Tioga Downs Racetrack, LLC, in securing a $90 million senior secured debt facility that will enable the full scale, $145 million casino expansion of Tioga Downs in New York state.
- Represented Tioga Downs Racetrack, LLC and its parent, American Racing and Entertainment, LLC, in securing the final available casino license in New York awarded by the New York State Gaming Commission.
- Represented Tropicana Entertainment Inc. in entering into a Management Agreement pursuant to which it would manage the Trump Taj Mahal Casino Hotel and provide consulting services relating to the former Plaza Hotel and Casino in Atlantic City, New Jersey. Representation also includes formation of TEI Management Services LLC and the pursuit of required gaming regulatory approvals.
- Represented Tioga Downs Racetrack, LLC in all aspects of a comprehensive, competitive process that resulted in the New York Gaming Facility Location Board authorizing Tioga Downs to move forward with a license for its $195 million full scale casino expansion project at its existing racetrack outside Binghamton, New York.
- Represented NYX Gaming Group in its acquisition of OnGame Network Limited and OnGame Services AB from Amaya Gaming Group. The acquisition provides NYX Gaming Group with a poker platform and gives them an amplified presence in the New Jersey Internet gaming market.
- Represented NYX Gaming Group in its initial public offering on the Toronto Stock Exchange, including handling all gaming regulatory due diligence and authoring both a gaming regulatory opinion letter and a corporate opinion letter.
- Advised TheScore, Inc. on the acquisition of ApptheGame, Inc., which operates the daily fantasy sports service Swoopt. Advised the client on gaming-related matters at the federal level and in every state jurisdiction in the United States.
- Acted as Special U.S. Gaming Regulatory Counsel to UBS AG in connection with a $1.3 billion syndicated loan to a gaming equipment manufacturer to fund an acquisition.
- Represented Sportech-NYX Gaming, LLC, a joint venture between an indirect wholly owned subsidiary of Sportech PLC and a subsidiary of NYX Gaming Group Limited, in negotiating an agreement to provide a new online gaming platform to the Atlantic City-based Resorts Casino Hotel.
- Represented as regulatory counsel Bally Technologies, Inc. in its acquisition of gaming technology company SHFL entertainment, Inc. in a deal valued at approximately $1.3 billion.
- Represented the effective owners of the Atlantic Club Casino Hotel in obtaining a dissolution of an ex parte temporary restraining order (TRO) concerning a Membership Interest Purchase Agreement involving an entity affiliated with a company that does business as PokerStars.
- Represented Sportech PLC in the acquisition of eBet Online Inc. by its wholly-owned subsidiary, Sportech, Inc.
- Assisted a Pennsylvania resort facility prepare for a hearing before the Pennsylvania Gaming Control Board regarding its application for a Category 3 casino; drafted post-hearing brief to the Pennsylvania Gaming Control Board in relation to same.
- Represented a private equity fund in obtaining all necessary regulatory approvals in connection with the acquisition of a majority equity interest in a gaming equipment manufacturer.
- Assisted a foreign gaming equipment manufacturer obtain regulatory approvals from all United States and Canadian jurisdictions where licensed for multiple internal reorganizations and transfers of interests.
- New Jersey
- Villanova University Charles Widger School of Law, J.D., cum laude, 2010
- The George Washington University, B.B.A., magna cum laude, 2007
- Duane Morris LLP
- Partner, 2020-present
- Associate, 2012-2019
- Fox Rothschild LLP
- Associate, 2010-2012
Honors and Awards
Listed in New Jersey Super Lawyers as a Rising Star, 2016-2021
- Selected as one of Global Gaming Business Magazine's "40 Under 40," 2017
- Selected as one of the New Jersey Law Journal's "2015 New Leaders of the Bar"
No aspect of these rankings has been approved by the Supreme Court of New Jersey. Further information on methodologies is available via these links.
- Pennsylvania Bar Association, Gaming Law Committee
- Chair, 2017-2020
- International Association of Gaming Advisors
- Cherry Hill Business Council
- New Jersey State Bar Association
- Chairman, Casino Law Section, 2016-2017
- Secretary, Casino Law Section, 2015-2016
- Treasurer, Casino Law Section, 2014-2015
Louis D. Brandeis Law Society
- Quoted, "U.S. Leagues Could Rescue Internet Gaming As It Lags Behind Sports Betting," Gambling Compliance, June 17, 2021
- Featured, "The Art of Watching, Listening and Learning," Global Gaming Business, June 26, 2017
- Contributor, Duane Morris Gaming Law Blog
- Co-author, "Small Business Administration Updates Interim Regulatory Guidelines to Greatly Expand Accessibility of Paycheck Protection Program Loans to Gaming Businesses," Duane Morris Alert, April 24, 2020
- Co-author, "Governor Returns Virginia Gambling Legislation with Amendments, Including Tax for COVID-19 Fund," Duane Morris Alert, April 17, 2020
- Co-author, "Small Business Administration Updates Interim Regulatory Guidelines to Help Certain Gaming Companies," Duane Morris Alert, April 15, 2020
- Co-author, "Interim Regulatory Guidelines Preclude Gaming Businesses from Receiving Support Under the CARES Act Paycheck Protection Program," Duane Morris Alert, April 3, 2020
- Co-author, "Massachusetts Sports Wagering Bill Expected to Be Approved by July," Duane Morris Alert, April 1, 2020
- Co-author, "Virginia General Assembly Passes Expansive Gambling Legislation," Duane Morris Alert, March 17, 2020
Co-author, "DOJ Reconsiders Its View on the Wire Act - What Happens Now?" Duane Morris Alert, January 16, 2019
- Co-author, "What's New in Pennsylvania's Latest Video Gaming Bill," Law360, March 19, 2015
- Co-author, "Video Gaming Bill Reintroduced in Pennsylvania," Duane Morris Alert, March 18, 2015: Republished by Law360, March 19, 2015
- Co-author, "Pennsylvania House Gaming Oversight Committee Introduces Bill That Would Allow Existing Casinos to Offer Internet Gaming," Duane Morris Alert, February 27, 2015
- Author, "PA Gaming Industry at a Crossroads: Lessons from Atlantic City," Philadelphia Business Journal, February 23, 2015
- Author, "What's Next For Pennsylvania's Gaming Industry?" Law360, May 27, 2014
- Author, "Tavern gaming: Did Pennsylvania gamble away a huge revenue opportunity?," Philadelphia Business Journal, March 13, 2014
Selected Speaking Engagements
- Panelist, "The Future of Online Gaming Opportunities in North America," iAGA Best Practices Webinar, June 16, 2021
- Panelist, "The Rapid Growth of U.S. Sports Wagering," Association of Corporate Counsel In-House Conference, April 21, 2021
Speaker, "Behind the Scenes of Betting and Professional Sports," Duane Morris and SeventySix Capital Sports Advisory Game Changers: Strategies for the Business of Sports and Gaming Webinar Series, March 10, 2021
- Speaker, "The US Gambling Industry Seeks Innovation," Gaming Americas Q1 Virtual Meetup, January 28, 2021
- Speaker, "Rapid Expansion Roundtable," Betting on Sports America, Sports Betting Community, Webinar, December 2, 2020
- Presenter, "Ace-High: An Update on Sports Betting and Internet Gaming in New Jersey and Pennsylvania," 12th Annual In-house Counsel Conference, Association of Corporate Counsel, Webinar, July 29, 2020
- Speaker, "Recent Trends & Developments in the Sports Betting and i-Gaming Industries," Clear Law Institute, Webinar, November 14, 2019
- Speaker, "Trends in Internet Gaming," Law Practice CLE, Webinar, October 7, 2019
Speaker, "Recent Trends in the eSports Industry," Lawline CLE, June 17, 2019
Speaker, "Was it Worth the Gamble? Sports Wagering One Year Post-PASPA," NJSBA Annual Meeting and Conference, May 15, 2019
Speaker, "The Future Is on the Clock: Gaming, Intellectual Property and Employment Law in the New World of Sports Betting," Philadelphia, April 25, 2019
Panelist, "Data, Gambling and Privacy of Athletes," Jeffrey S. Moorad Sports Law Journal Symposium - The Future of Sports, April 12, 2019
Speaker, "The Evolving Legal Landscape of Gaming in Pennsylvania 2019," Webinar, Pennsylvania Bar Institute, February 11, 2019
Panelist, "Sports Betting and the US Supreme Court – Now What?" Duane Morris Alumni CLE, October 25, 2018
Speaker, "You Bet Your Life – Legalization of Sports Betting," Villanova Law Alumni Association Professional Development Committee CLE, Revolution House, Philadelphia, October 16, 2018
Speaker, "Gaming in New York and Beyond – Looking to the Future," Duane Morris LLP, New York, August 15, 2018
Speaker, "Trends in Internet Gaming and Other Developments in the Gaming Industry," myLaw CLE Webinar, July 27, 2018
Speaker, "Gaming Law: Understanding the Radical Revamp of Pennsylvania's Industry," PBI CLE, SugarHouse Casino, Philadelphia, June 20, 2018
Speaker, "Trends in Internet Gaming," Lawline CLE Webinar, June 18, 2018
Panelist, "The Money Line: Gaming, the Business of Sports, Sports Betting and the Supreme Court," Duane Morris LLP, Philadelphia, April 26, 2018
- Speaker, "The Big Bet: A Preview of the Supreme Court's Hearing on Legalized Sports Betting," The Jeffrey S. Moorad Center for the Study of Sports Law Speaker Series, Villanova, October 11, 2017
- Speaker, "Legal Issues in the Gaming Industry: A Focus on Gaming Expansion," Lawline CLE Webinar, September 8, 2017
- Speaker, "Down the Shore 2017: What's Next for Atlantic City and the Gaming Industry?," Pennsylvania Bar Institute, Atlantic City, August 10, 2017
- Speaker, "What's Next for Atlantic City?," NJSBA 2017 Annual Conference and Convention, Atlantic City, May 17, 2017
- Frequent speaker on gaming and sports law topics at Villanova Law School, Jeffrey S. Moorad Center for the Study of Sports Law
- Presenter, "2016: A Year to Hold'em or a Year to Fold'em," New Jersey State Bar Association: Continuing Legal Education (CLE) Webinar, December 9, 2016
- Presenter, "Daily Fantasy Sports: A Legal View," Jeffrey S. Moorad Sports Law Journal Symposium 2016, Villanova, Pennsylvania, April 1, 2016
- Presenter, "Fantasy Sports: The Gate to Legal Inquiry Has Opened," New Jersey State Bar Association: Continuing Legal Education (CLE) Webinar, March 23, 2016
- Panelist, "The Gaming Industry and the Future of Atlantic City," New Jersey State Bar Association: Continuing Law Education (CLE), May 15, 2015