Mr. Berger has extensive experience representing casinos, casino holding companies, 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 represented numerous companies involved in the fantasy-sports and skill-based gaming industries. More recently, Mr. Berger has advised traditional gaming companies, online gaming operators and financial institutions on matters related to the rapidly expanding sports wagering industry in the United States.
As the current 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 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. (TSX Venture: SCR) in negotiating a strategic partnership with Penn National Gaming, Inc. (NASDAQ:PENN), which allows theScore 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 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 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 School of Law, J.D., cum laude, 2010
- The George Washington University, B.B.A., magna cum laude, 2007
- Duane Morris LLP
- Associate, 2012-present
- Fox Rothschild LLP
- Associate, 2010-2012
Honors and Awards
- Selected as one of Global Gaming Business Magazine's "40 Under 40," 2017
Listed in New Jersey Super Lawyers as a Rising Star, 2016-2019
- 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 to present
- 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
- Contributor, Duane Morris Gaming Law Blog
Co-Author, "DOJ Reconsiders Its View on the Wire Act - What Happens Now?" Duane Morris Alert, January 16, 2019
Featured, "The Art of Watching, Listening and Learning," Global Gaming Business, June 26, 2017
- 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
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