Frank A. DiGiacomo is team lead of the firm's Gaming Industry Group. Mr. DiGiacomo practices in the areas of gaming, entertainment and regulatory law representing many public and private companies both within the gaming industry and which conduct business with the gaming industry.
Mr. DiGiacomo has significant experience representing public and privately held casino operators, gaming equipment manufacturers, technology providers engaged in interactive and social gaming, financial services companies and lottery companies in connection with licensing, regulatory investigations, compliance matters, financing approvals, equity offerings, mergers and acquisitions, restructurings, technology approvals and other gaming regulatory issues. His clients within the gaming industry include casinos, casino holding companies, slot machine manufacturers, skill-based and e-gaming companies, technology providers, hedge funds, investors, private equity firms, interactive and mobile gaming ventures, sports betting, technology providers, financial institutions, private investors, construction contractors, lottery companies and other gaming industry vendors.
Mr. DiGiacomo has handled gaming, lottery and related regulatory licensing matters in numerous domestic and international jurisdictions including New Jersey, Pennsylvania, New York, Massachusetts, Maryland, Delaware, Connecticut, West Virginia, Maine, Illinois, Louisiana, New Mexico, Canada and Europe. He has advised U.S.-based gaming clients in dealings with Native American gaming regulatory agencies and on ventures in Asia (including Macau), South America, Eastern Europe and Africa. He has also advised on internet promotions, social gaming, internet based marketing and promotional sweepstakes matters, procurement matters and government privatization issues in addition to handling various types of litigation.
Mr. DiGiacomo's clients include Boyd Gaming Corporation, Wynn Resorts Limited, American Racing and Entertainment, Tioga Downs Racetrack & Casino, the Meadowlands, Caesars Entertainment Corporation, Scientific Games Corporation, AGS, the Association of Gaming Equipment Manufacturers, MacAndrews & Forbes Inc., FMR Corp; Apollo Global Management, TPG Capital and Turner Construction Company.
Represented NBCUniversal in connection with its Media Partnership with Australian based sports betting operator, PointsBet USA, Inc., advising NBCUniversal and its affiliates regarding the multi-tiered advertising, marketing and promotion agreement with PointsBet for its US sports betting gaming operations as well as all required gaming regulatory filings and licenses.
Represented a multinational mass media and entertainment conglomerate on gaming regulatory matters in connection with its ownership interest in DraftKings, Inc.
Represented an online/mobile sports betting operator in its negotiations and required approval of a sports betting market access rights.
Represented ESPN, Inc. on gaming regulatory aspects of Co-exclusive, digital platform link integration/marketing agreements with DraftKings, Inc. and Caesars Entertainment.
- 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 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 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 theScore, Inc. (TSX Venture: SCR) in negotiating a 20 year 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; Penn National has also taken a strategic equity stake in theScore, representing a nearly 5% interest in the company.
- Represented Boyd Gaming Corporation in obtaining all gaming regulatory approvals from the Pennsylvania Gaming Control Board in connection with Boyd Gaming’s acquisition of Valley Forge Casino Resort in suburban Philadelphia.
- Represented American Gaming Systems with its successful license applications before the Pennsylvania Gaming Control Board.
- Represented Wynn Resorts, Limited and its subsidiary, Wynn MA, LLC in an adjudicatory hearing before the Massachusetts Gaming Commission to remove the company’s former CEO and Chairman as a required “qualifier” in connection with Wynn MA’s gaming license.
- Represented Boyd Gaming Corporation before the Pennsylvania Gaming Control Board in connection receiving preliminary approval of its acquisition of the Valley Forge Casino Resort.
- Represented GameCo LLC, the creator of the world's first skill-based video game gambling machines (VGM™), in securing a $45 million debt facility.
- 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.
- 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 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.
- 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 Wynn Resorts Limited in its successful Phase 1 Suitability investigation by the Massachusetts Gaming Commission.
- Represented as regulatory Counsel Scientific Games Corporation and its principal owners in Scientific Games' acquisition of Bally Technologies, Inc.
- Represented Wynn Resorts Limited in its application before the Pennsylvania Gaming Control Board for a casino license in the City of Philadelphia.
- Represented an international construction company on its licensing as a non-gaming vendor with the Massachusetts Gaming Commission. This was the first such construction company licensed by the Massachusetts Gaming Commission.
- Advised a Rhode Island based casino operation on its agreement with the State of Rhode Island.
- Represented as regulatory counsel in multiple jurisdictions, Bally Technologies, Inc. in its acquisition of gaming technology company SHFL entertainment, Inc. in a deal valued at approximately $1.3 billion.
- Represented Bally Technologies, Inc. in its approvals before the New Jersey Division of Gaming enforcement to conduct internet gaming operations within the state.
- Obtained all required approvals from the Pennsylvania Gaming Control Board and Pennsylvania Harness Racing Commission in connection with the 2008 purchase of Harrah's Entertainment, Inc. by two private equity firms, Apollo Management and TPG Capital, for $31 billion.
- Obtained approvals from the New Jersey Division of Gaming Enforcement and Casino Control Commission on behalf of a gaming technology company to allow for the operation of a multi-state multi-casino progressive slot machine system.
- Represented the Association of Gaming Equipment Manufacturers in New Jersey regarding gaming regulatory reforms and amendments to the N.J. Casino Control Act.
- Obtained on behalf of a privately held casino the gaming regulatory approvals required for an initial public offering.
- Represented Bally Technologies, Inc. and its affiliates in connection with their initial manufacturer licenses before the following gaming regulatory agencies - the Pennsylvania Gaming Control Board, the New York Lottery, the Maryland Lottery and the Maine Gambling Control Board.
- Obtained on behalf of a privately held company all required gaming licenses, approvals and qualifications from more than 20 gaming and lottery regulatory agencies in connection with its acquisition of a controlling interest in a gaming technology company.
- Obtained initial gaming manufacturer license on behalf of Scientific Games Corporation and its affiliates before the Pennsylvania Gaming Control Board.
- Advised the City of Philadelphia in connection with its adoption of legislation legalizing slot machines and table games in Pennsylvania.
- Performed due diligence and regulatory compliance investigations for an international gaming device manufacturer in emerging gaming markets in Asia, Mexico, South America, Eastern Europe and Africa.
- Represented an international construction company in obtaining its casino service industry license from the N.J. Casino Control Commission.
- Advised a national financial advisor on gaming-themed promotional sweepstakes.
- Obtained all of the necessary regulatory approvals, following a contested hearing before the Pennsylvania Gaming Control Board, to allow Chester Downs and Marina, LLC, a subsidiary of Caesars Entertainment Corp., to close on a $330 million senior secured note offering.
- New Jersey
- U.S. District Court for the District of New Jersey
- U.S. District Court for the Eastern District of Pennsylvania
- Supreme Court of the United States
- University of Notre Dame Law School, J.D., 1992
- Drexel University, B.S., 1987
- New Jersey State Bar Association
- Chair, Casino Law Section, Past Chairman of the Section
- International Association of Gaming Advisors, Member
- Pennsylvania Bar Association — Gaming Law Committee
Honors and Awards
Listed in The Best Lawyers in America, 2016-2021
- Listed in Best Lawyers Greater Philadelphia, 2016
Listed in Best Lawyers in America, Gaming Law Category, 2016-2018
No aspect of these rankings has been approved by the Supreme Court of New Jersey. Further information on methodologies is available via these links.
- Contributor, Duane Morris Gaming Law Blog
- Co-author, "First Circuit Holds Wire Act Applies Only to Interstate Wire Communications Related to Sporting Events or Contests," Duane Morris Alert, January 21, 2021
- Quoted, "IRS May Face Legal Battle Over Taxation Of Fantasy Sports," Law360, August 25, 2020
- Co-author, "Governor Returns Virginia Gambling Legislation with Amendments, Including Tax for COVID-19 Fund," Duane Morris Alert, April 17, 2020
- Co-author, "Massachusetts Sports Wagering Bill Expected to Be Approved by July," Duane Morris Alert, April 1, 2020
- Quoted, "Virus Puts End To Atlantic City Casinos' Winning Run," Law360, March 31, 2020
- Co-author, "Virginia General Assembly Passes Expansive Gambling Legislation," Duane Morris Alert, March 17, 2020
Quoted, "Pa. Casinos Had Record $309M In March Slots, Table Revenue," Law360, April 16, 2019
Quoted, "Poker or Slots? Games of Skill and Chance Have Legal Distinctions In Pennsylvania," 90.5 WESA, February 11, 2019
Quoted, "Where the Action Is," South Jersey Magazine, February 2019
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
- Co-author, "Pennsylvania House Gaming Oversight Committee Introduces Bill That Would Allow Existing Casinos to Offer Internet Gaming," Duane Morris Alert, February 27, 2015
- Co-author, "Bitcoin and Atlantic City — A Match Made In E-Heaven," Law 360, February 14, 2014
- Co-author, "New York Voters Approved Casino Expansion – Now What?" Law360, November 8, 2013
- Author, "The Likely Battle Between the State Lottery and Atlantic City's Casinos," New Jersey Lawyer, April 2013
- Co-author, "Third-Party Software Providers--Will the DGE Take a Hard Look at Them?" New Jersey Lawyer, April 2013
- Co-author, "Construction in the Casino Industry," Modern Contractor Solutions, December 2010
- Co-author, "Keep Your Contributions to Yourself: Pa. General Assembly Abrogates Supreme Court Gaming Decision," The Legal Intelligencer, April 7, 2010
Selected Speaking Engagements
- Speaker, "Rapid Expansion Roundtable," Betting on Sports America, Sports Betting Community, Webinar, December 2, 2020
- Speaker, "The US: Coming up Trumps," KPMG Malta Gaming eSummit, November 26, 2019
- Speaker, "Will the Land-based Shutdown Encourage More Markets to Legalize Remote Betting?" Global Gaming Expo (G2E) 2020, October 29, 2020
Speaker, "State of the Nation — Roundtables," Betting on Sports America, Meadowlands Exposition Center, New Jersey, April 25, 2019
Speaker, "Gaming Law: Understanding the Radical Revamp of Pennsylvania's Industry," PBI CLE, SugarHouse Casino, Philadelphia, June 20, 2018
- Speaker, "Down the Shore 2017: What's Next for Atlantic City?" Pennsylvania Bar Institute, Atlantic City, August 10, 2017
- Moderator, "Just What Does it Take to Launch a Start-up Technology Company?," IAGA International Gaming Summit, New York, May 31, 2017
- Guest Lecturer, "Casino & Gaming" class, Temple University School of Hospitality Management, September 2014.
- Moderator, "The Compliance Committee: Its Role and Its Relationships," International Gaming Summit 2014, Philadelphia, October 31, 2014.
- Speaker, "iGaming First to Market — NJ & DE," Tribal Online Gambling Conference, Scottsdale, AZ, April 3, 2014.