Mr. Brooks is a 1985 graduate of Widener Law School, Delaware and a graduate of Swarthmore College.
Areas of Practice
- Commercial Litigation
- Represented Cumberland River Capital in connection with the City of Atlantic City's requests for injunctive relief preventing Cumberland's acquisition of Tennessee Business & Industrial Development Corp. (TN BIDCO), and for alternative injunctive relief requiring the acquisition's proceeds be held in trust pending discovery. The Court rejected these requests, finding the City had failed to establish fraudulent conveyance claims in the TN BIDCO transaction and the payment of secured note obligations with priority over a consent judgement the City obtained against TN BIDCO's seller.
- Successfully represented a U.S. company in an eighteen (18) month hearing before the Pennsylvania Gaming Control Board involving complicated legal issues under the Pennsylvania gaming law, comparison of the regulation of a licensee in Hong Kong with the regulation of a registered investment adviser in the United States, as well as a comparison of the regulation of an investment company in the Cayman Islands with the regulation of an investment company in the United States.
- Represented J.P. Morgan, and their co-lenders Winthrop Capital Partners and Witkoff Group, as first lien lenders in the closing of a debt restructuring and equity transfer involving the Ocean Resort Casino, a casino hotel located in Atlantic City, New Jersey.
- Represented Penthouse International, Ltd. in a matter entitled Boardwalk Properties, Inc. v. BPHC Acquisition, Inc. before the Superior Court of New Jersey, Atlantic County, Chancery Division and in connection with appeals up through and to the New Jersey Supreme Court, with a reported decision related to the matters litigated in the case found at 253 N.J. Super. 515 (App. Div. 1991).
- Represented Mirage Resorts, Incorporated in a matter entitled Bryant v. City of Atlantic City before the Superior Court of New Jersey, Atlantic County, Chancery Division and in connection with appeals up through and to the New Jersey Supreme Court, with a reported decision related to the matters litigated in the case found at 309 N.J. Super. 596 (App. Div. 1998).
- 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 NYX Gaming Group Ltd., a digital gaming software company, as part of the legal team in connection with its $631 million sale to Scientific Games Corporation, a global leader in technology-based gaming systems.
- 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 NYX Gaming Group Limited in a $105 million financing, with the net proceeds from the offering, as well as a concurrent U.S. Private Placement, being used to fund a previously announced acquisition of all the shares of Amaya (Alberta) (f/k/a Chartwell Technology) and Cryptologic Limited.
- Represented NYX Gaming Group Limited in its acquisition of the entire issued share capital of Game360 Srl, an Italian internet gaming company.
- Obtained on behalf of Resorts Casino Hotel, in partnership with SNG Interactive, the necessary approvals to launch an online casino - www.ResortsCasino.com - on an innovative iGaming platform compatible with mobile devices and desktops.
- Represented secured lender, as the debtor-in-possession lender, in obtaining Bankruptcy Court approval and funding of a property tax settlement agreement by the Revel Casino Hotel with the City of Atlantic City, which resulted in a tax payment of $26 million to the City, but a savings to Revel, and ultimately the client as the first lien holder, of over $7 million.
- 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.
- 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.
- Represent Sportech PLC in joint venture with NYX Gaming Group Limited to provide online products and services in the United States for social and pay-to-play gaming. As gaming regulation evolves, the joint venture will be able to offer a full suite of gaming products including bingo, casino, poker, slots and other games to potential licensees using the NYX platform. These include Sportech’s racetrack and casino partners across the United States.
- Represented Scientific Games Corporation in its acquisition of WMS Industries Inc., combining leading businesses offering lottery games, gaming machines and game content, systems, sports betting technology, and social, mobile and interactive content and services.
- Represents RIH Acquisitions NJ, LLC, which owns and trades as the Atlantic Club Casino Hotel, as special counsel for gaming regulatory matters, in the casino operator’s Chapter 11 bankruptcy proceedings.
- Represented Sportech PLC in the acquisition of eBet Online Inc. by its wholly-owned subsidiary, Sportech, Inc.
- RIH Acquisitions NJ, LLC v. City of Atlantic City - Obtained on behalf of Atlantic Club Casino Hotel a tax credit in the approximate amount of $19.44 million in the settlement of a tax assessment litigation case.
- Handled on behalf of Icahn Partners LP, for its first-lien financing of multiple casino properties in New Jersey, all of the real-estate elements of the plan of reorganization in the chapter 11 proceedings of Trump Entertainment Resorts, Inc.
- Represented Icahn Partners LP, as plan proponent and first-lien lender, in a chapter 11 proceeding and related adversarial matters involving Trump Entertainment Resorts, Inc. The proceedings, which also involved needed gaming regulatory approvals, culminated in a global settlement that resolved all outstanding disputes involving Icahn Partners LP and provided it with a $125 million pay-down of the existing first-lien debt, an increase in the amount of the restated first-lien debt by $12.5 million to $346.5 million at an interest rate of 12 percent, and $15 million in fees.
- Represented SG Digital/NYX Gaming Group in finalizing a deal with Hard Rock Hotel & Casino Atlantic City.
- Representing SG Digital/NYX Gaming Group in connection with the sports wagering transaction between NYX Digital Gaming (USA) and Caesars.
- New Jersey
- Widener University School of Law, Delaware, J.D., 1985
- Swarthmore College, B.A., 1979
- New Jersey State Bar Association
- Environmental Law Section
- Land Use Planning Section
- Antitrust Law Section
- Casino Law Section
- Camden County Bar Association
- Association of Trial Lawyers of America
- National Association of Criminal Defense Lawyers
- International Association of Gaming Advisors
- Member, Regulator Relations Committee
Honors and Awards
- Listed in Super Lawyers, Corporate Counsel Edition, 2010
- Strathmore's Who's Who Registry of Business Leaders, 1996-1997
No aspect of these rankings has been approved by the Supreme Court of New Jersey. Further information on methodologies is available via these links.
Civic and Charitable Activities
- Who's Who in the Republican Party
- Charter Member
- American Football Coaches Association
- Allied Member
- New Jersey Policemen's Benevolent Association
- Honorary Lifetime Member
Quoted, "NFL, NBA, Pro Leagues Could Profit On Legalized Sports Gambling," Bloomberg Law, January 24, 2018
- "N.J. Casino Control Commission Issues Rules for Pilot Program for Licensing Small Casinos," Duane Morris Alert, June 21, 2011
- "New Jersey's Bill S-11 Establishes the Atlantic City Tourism District," Duane Morris Alert, February 11, 2011
- "New Jersey's Bill S-12 Redesigns the Regulatory System for the Gaming Industry," Duane Morris Alert, February 11, 2011
- "New Jersey's Bill S-490 Permits Casinos to Offer Internet Wagering," Duane Morris Alert, February 11, 2011
- "New Jersey's Bill S-1866 Permits the Construction of "Boutique" Casinos," Duane Morris Alert, February 11, 2011
Selected Speaking Engagements
- Speaker, "AIRA's 31st Annual Bankruptcy & Restructuring Conference: Industries to Watch," Association of Insolvency & Restructuring (AIRA), June 5, 2015
- Speaker, "Casino Law 2010: Game On!" New Jersey Institute for Continuing Legal Education's 2010 South CLEfest, Atlantic City, New Jersey, August 20, 2010