Frank A. DiGiacomo

Partner

  • Frank A. DiGiacomo
  • Phone: +1 215 979 1582

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  • Duane Morris LLP
    30 South 17th Street
    Philadelphia, PA 19103-4196
    USA
  • Duane Morris LLP
    1940 Route 70 East, Suite 100
    Cherry Hill, NJ 08003-2171
    USA

Frank A. DiGiacomo is team lead of the firm's Gaming Industry Group. Mr. DiGiacomo practices in the areas of gaming, sports betting, igaming, lottery, fantasy sports, entertainment and regulatory law representing many public and private companies both within the gaming/sports betting industry and which conduct business with both.

Mr. DiGiacomo has significant experience representing public and privately held casino operators, sports wagering operators, gaming/sports wagering technology providers engaged in interactive, skills based gaming, social gaming, financial services companies and lottery companies in connection with licensing, transactional matters, regulatory investigations, compliance matters, financing approvals, equity offerings, mergers and acquisitions, restructurings, technology approvals and other gaming regulatory issues.

Mr. DiGiacomo has handled gaming, sports-wagering, lottery and related regulatory licensing matters in numerous domestic and international jurisdictions including New Jersey, Pennsylvania, New York, Massachusetts, Maryland, Michigan, Indiana, Delaware, Connecticut, West Virginia, Maine, Illinois, Louisiana, New Mexico, Colorado, 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 Penn National Gaming, FanDuel, Comcast Corporation, NBCUniversal Media, ESPN, The Walt Disney Company, Fortress Investments, SuperBook, theScore Bet, Wynn Resorts Limited, WynnBet, American Racing and Entertainment, Tioga Downs Racetrack & Casino, the New Meadowlands Racetrack, Genius Sports, Skillz, Inc., and FMR Corp.

Representative Matters

  • Represented WSI/Wynn Interactive dba WynnBet, an online/mobile sportsbook, in connection with WynnBet being selected as one of nine mobile sports wagering operators by the New York State Gaming Commission, following a competitive bidding process.

  • Represented American Racing and Entertainment, LLC, and its affiliates, Tioga Downs Racetrack & Casino and Vernon Downs Racetrack, in connection with a $65 million credit facility with Western Alliance Bank.

  • Advised Fortress Investments in connection with multiple, gaming industry related financing transactions.

  • Advised Atairos Group in connection with its investment in gaming industry technology company, GeoComply Solutions.

  • Advised FanDuel, Inc. in connection with the submission of one of the first applications for sports wagering licenses required by the Pennsylvania Gaming Control Board.

  • Represented Tioga Downs Casino in New York on its Online Gaming Market Access agreement with Golden Nugget Online Gaming, Inc. (NASDAQ: GNOG) to allow GNOG to operate future online gaming in the state of New York, subject to legislative availability.

  • Represented online/mobile sportsbook operator SuperBook as gaming counsel in both New Jersey and Colorado..

  • 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 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 through which theScore Bet operates 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.
  • 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.
  • 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.

Admissions

  • Pennsylvania
  • New Jersey
  • New York
  • 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

Education

  • University of Notre Dame Law School, J.D., 1992
  • Drexel University, B.S., 1987

Professional Activities

  • 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

  • Named a Best Lawyers "Lawyer of the Year" in Gaming Law, Cherry Hill, New Jersey, 2023
  • Listed in The Best Lawyers in America, Gaming Law Category, 2016-2023

  • Listed in Best Lawyers Greater Philadelphia, 2016

No aspect of these rankings has been approved by the Supreme Court of New Jersey. Further information on methodologies is available via these links.

Selected Publications

Selected Speaking Engagements

  • Panelist, “Regulatory Partnerships in the Emerging Landscape of Inter-jurisdictional Online Sports Betting” - Seton Hall Law School – Gaming Law, Compliance, and Integrity Bootcamp. May 18, 2022
  • Panelist, NYU Sports Law Association, 11th Annual Sports Law Colloquium, March 4 2022.
  • Panelist, "The Evolving AML Regulatory Landscape: Updates on the Anti-Money Laundering Act of 2020 and Other Financial Crime-Related Developments Impacting the Gaming Industry," International Association of Gaming Advisors, Webinar, January 26, 2022
  • Moderator, "The Future of Online Gaming Opportunities in North America," iAGA Best Practices Webinar, June 16, 2021
  • Moderator, "The Changing Landscape Between Sports, Media and Gambling," Duane Morris and SeventySix Capital  Sports Advisory Game Changers: Strategies for the Business of Sports and Gaming Webinar Series, May 5, 2021
  • Panelist, "The Rapid Growth of U.S. Sports Wagering," Association of Corporate Counsel In-House Conference, April 21, 2021
  • Speaker, “Mastering Sports Betting and Online Gaming,” Rosedale CLE, March 31, 2021
  • 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.