2015 NJSBA Annual Meeting Special Interest Track the Gaming Industry

2015 NJSBA Annual Meeting

Special Interest Track

The Gaming Industry and The Future of Atlantic City **11:30-1:30** Co-Sponsored by the Administrative Law Section and the Casino Law Section

Moderators/Speakers: Paul P. Josephson, Esq. Duane Morris, LLP, Cherry Hill Christopher L. Soriano, Esq. Duane Morris, LLP, Cherry Hill

Speakers: Senator Raymond J. Lesniak (20th District) Curtis J. Bashaw, Chair, Board of Trustees The Richard Stockton College of New Jersey Adam Berger, Esq. Duane Morris, LLP, Cherry Hill Mayor Donald A. Guardian City of Atlantic City Director David L. Rebuck, Director New Jersey Division of Gaming Enforcement

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The material contained in these pages is for educational purposes only and not intended as a substitute for the professional services an attorney would normally provide to a client, including up to the minute legal research.

The Gaming Industry and The Future of Atlantic City

INDEX

1. Assembly Substitute for Assembly Bill No. 2578 (Governor Christie Conditional Veto Message)

2. January 2, 2015, New Jersey Internet Gaming One Year Anniversary-Achievements to Date and Goals for the Future

3. Research Report – Internet Gaming in New Jersey-Calendar Year 2014 Report to the Division of Gaming Enforcement

4. Duane Morris – Alerts and Updates – Pennsylvania House Gaming Oversight Committee Introduces Bill That Would Allow Existing Casinos to Offer Internet Gaming

5. Duane Morris Gaming Law Blog - Series of Bills Introduced Regarding AC’s Future - December 2, 2014

6. NJ, The Leagues and the Billion Dollar Question

7. Breaking Down – The Film From Congress’ RAWA Hearing

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Office of the President - Mr. Curtis J. Bashaw, Chair

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INSIDE THE OFFICE OF Mr. Curtis J. Bashaw, Chair THE PRESIDENT Mr. Curtis Bashaw has been a member of the Board of Trustees at The Richard Stockton college of New Jersey since 2004. He is currently Chair to the Board and Executive President's Message Committee.

Presidential Staff Mr. Bashaw is CEO and co-founder of Cape Advisors, Inc., a real estate development company located in Cape May, NJ and New York, NY. Mr. Bashaw’s real estate projects focus Presidential Cabinet on adaptive reuse and historic preservation. Most notable are the renovations of the Congress Board of Trustees Hall and Virginia Hotels in Cape May, which he still operates. For over 20 years Mr. Bashaw has served as an asset manager, project manager, and/or partner in dozens of real estate Honors development projects, including office, hotel, restaurant, retail, mixed use and residential. Code of Ethics Mr. Bashaw served as Executive Director of the Casino Reinvestment Development Authority (CRDA) from 2003-2005. Press Releases Born and raised in New Jersey, Mr. Bashaw spent his early years in Camden County, summering at the shore in Ocean City and Cape May. Mr. Bashaw has served as a member of the Cape May County Planning Board, the New Jersey Governor’s Tourism Advisory Council, as Vice-President and Founding Director of the Cape May Jazz Festival, as a Trustee of the New Jersey Cultural Trust, and as an Advisory Board member of Sun National Bank. He earned a Masters of Business Administration at The Wharton School, University of Pennsylvania, and a Bachelor of Arts in Literature at Wheaton College, Wheaton, Illinois.

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Stockton University is an Visit the Office of the President undergraduate and graduate 101 Vera King Farris Drive Read Stockton Now university of the arts, sciences Galloway, NJ 08205-9441 and professional studies. (609) 652-1776 Maps & Directions

http://intraweb.stockton.edu/eyos/page.cfm?siteID=201&pageID=11[5/5/2015 1:51:11 PM] Duane Morris LLP - Adam Berger, Associate - Profile

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ADAM BERGER Associate Duane Morris LLP Phone: +1 856 874 4216 1940 Route 70 East, Suite 100 Fax: +1 856 494 7968 Cherry Hill, NJ 08003-2171 Email: [email protected] USA

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Adam Berger practices in the area of gaming law, with experience in litigation and corporate law.

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.

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.

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Corporate Law Gaming Law

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http://www.duanemorris.com/attorneys/adamberger.html[5/5/2015 1:51:36 PM] Welcome to the City of Atlantic City

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Documents Calendar RFP/RFQ Visiting Mayor Donald A. Guardian Forms City Code 1301 Bacharach Blvd Agendas State Tax Info Atlantic City, NJ 08401 Directory County Tax Info Departments Local Links Contact Information About Us Festival Phone: (609) 347-5400 Careers SANDY Info Phonebook FixIt Form Contractors Pay Taxes

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Office of the Mayor Division

Biography Don Guardian was sworn-in as Mayor of Atlantic City on January 1, 2014. Prior to that, he was the Director of the Casino Reinvestment Development Authority’s Special Improvement Division, formerly known as the Atlantic City Special Improvement District (ACSID). City of Atlantic City As ACSID Director, Don was instrumental in developing program concepts and standards 1301 Bacharach Blvd for environmental services, landscaping, and Ambassador programs for Atlantic City. Atlantic City, NJ 08401 During his tenure at ACSID, Don was able to add information services, street-scaping and site improvements, staff development, business support services, economic development initiatives, and over 120 facades for businesses, and support for special events. For information desk Mayor Guardian previously served as the Executive Assistant to the President of the call 609-347-5300 Claridge Casino Hotel. While in that position, his duties included corporate development as well as civic involvement on behalf of the company’s President and Board Chairman.

Prior to his position at the Claridge, Don served with the Boys Scouts of America in executive positions for sixteen years. The last position he held was Council Scout Executive and Chief Operating Officer. His years with the Boy Scouts were marked with innovative fundraisers, successful marketing campaigns, membership growth, quality program development, community leader recruiting and leadership of a staff of 100.

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Don is an active member in numerous local civic, business and community organizations. He is past President of the Rotary Club of Atlantic City and past District Governor of Rotary District #7640, past President of the South Jersey AIDS Alliance, and Vice President/Secretary of the Metropolitan Business and Citizens Association (MBCA). He received the MBCA Community Spirit Award in 2014.

In addition, Mayor Guardian is a past President of the Gardner’s Basin Board of Directors

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and a Board Member of the Greater Atlantic City Chamber of Commerce.

He is a graduate of Don Bosco Prep in Ramsey, New Jersey and an alumnus of Upsala College in East Orange, New Jersey. In addition, he has 1,000 hours of advance seminars in People Management, Fiduciary and Internal controls and personal skills development.

Mayor Guardian resides with his long-time partner, Louis Fatato.

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http://www.cityofatlanticcity.org/directordetail.aspx?did=54[5/5/2015 1:52:10 PM] Duane Morris LLP - Paul P. Josephson, Partner - Profile

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PAUL P. JOSEPHSON Partner Duane Morris LLP Phone: +1 856 874 4235 1940 Route 70 East, Suite 100 Fax: +1 856 874 4382 Cherry Hill, NJ 08003-2171 Email: [email protected] USA

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Paul P. Josephson practices in the areas of complex litigation and government regulation. Mr. Josephson represents clients in a broad spectrum of business matters, usually involving significant public interests or regulated by government agencies, including government contracting and administration; business permitting and licensing; economic incentives; development/redevelopment; condemnation and regulatory takings; transportation and infrastructure; environmental, energy, banking and insurance regulation; government ethics; and election and campaign finance. In addition, he represents clients in matters involving casinos and gaming, including lottery, horseracing, Internet and sweepstakes.

Mr. Josephson also advises clients in traditional litigation and counseling, as well as in managing public affairs, media relations and crisis communications for clients, both private and public. In his career, he has obtained more than $200 million in economic incentives and regulatory approvals for major development projects on behalf of property owners, developers and financial sources. He also has pioneered the area of challenging incentives awards, winning a $40 million reduction at the agency level in a matter of first impression that disputes a $210 million incentive award pending in the courts.

Mr. Josephson has served as Director, Division of Law, for the State of New Jersey Office of Attorney General, and as Chief Counsel to the Governor and as Chief of Authorities for the State of New Jersey Office of the Governor, where he represented New Jersey on matters for more than 50 bi-state and state authorities, including the Port Authority of New York and New Jersey; Delaware River Port Authority; Delaware River and Bay Authority; New Jersey Transit; New Jersey Turnpike Authority; and the New Jersey Pinelands and Meadowlands Commissions. During his State service, Mr. Josephson helped to merge the Turnpike and Garden State Parkway, fix New Jersey's broken electronic tolls and vehicle inspection systems, and implement electronic voting and registration technologies.

Since his state service, Mr. Josephson has been designated to serve as Special Counsel to the State in complex litigation and other matters. In that role he has represented the New Jersey Casino Control Commission and NJ Transit in major cases. He was also selected by the New Jersey Casino Reinvestment Development Authority to co-author the Atlantic City Master Plan blueprint for revitalizing that city in 2012.

Mr. Josephson is a 1990 graduate, with honors, of The George Washington University Law School, and a graduate of the University of Michigan.

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http://www.duanemorris.com/attorneys/paulpjosephson.html[5/5/2015 1:49:24 PM] About | Senator Raymond J. Lesniak

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56m A lifelong resident of Elizabeth, Senator Raymond Steve Feitl Lesniak graduated Thomas Jefferson High School in @SteveFeitl 1964 and served in the US Army 1967-1969. He Here's @SenatorLesniak saying sports graduated Rutgers University, class of 1971, and betting can do for #horseracing what graduated with honors from St. John’s Law School snowboarding did for ski industry. pic.twitter.com/RCrGOFgTqw in 1974. He served in the State Assembly from 1978 Retweeted by Senator Ray Lesniak to 1983, and has been in the Senate since 1983. He currently chairs the Senate Economic Growth Committee, serves as Vice Chair of the Senate Commerce Committee, and is a member of the Senate Judiciary Committee. Throughout his public service career, Senator Lesniak has championed a wide range of legislative efforts.

Early in his tenure, he sponsored landmark environmental policies, such as the Environmental Cleanup Responsibility Act (ECRA), the Safe Drinking Water Act, and the Pesticide Control Act, Tweet to @SenatorLesniak making New Jersey the first-in-the-nation to tackle such issues. The laws hold polluters responsible for their actions and saved New Jersey from the serious consequences to

residents’ health and quality of life and to economic growth from having contaminated water, air Find us on Facebook and land. Senator Raymond J. Lesniak Senator Lesniak’s Tax Incremental Financing Act gave New Jersey the most powerful tool in Like the country to attract private investment and create jobs. It has been responsible for creating You like this. Like thousands of construction jobs and attracting hundreds of millions of dollars in private investment to New Jersey, which will result in tens of thousands of permanent jobs for NJ You and 5,348 others like Senator Raymond J. Lesniak.5,348 people like residents. Senator Raymond J. Lesniak.

In order to keep New Jersey’s gaming industry competitive, Senator Lesniak sponsored the law to legalize sports wagering at New Jersey casinos and racetracks, and has pushed to allow casinos in Atlantic City to expand their operations into intrastate Internet wagering. He has also fought to overturn the federal Professional and Amateur Sports Protection Act of 1992, a law that gives four states – Nevada, Delaware, Oregon and Montana – a monopoly on legal sports wagering in the United States, while bolstering illegal sports book operations run by organized crime and offshore betting websites everywhere else.

Senator Lesniak has been a strong advocate for higher education and sponsored legislation signed into law to create the cabinet position of Commissioner of Higher Education to provide a stronger voice on behalf of higher education in New Jersey. He also sponsored a law that increased opportunities for colleges and private entities to enter into public-private partnerships for the construction of new facilities on campus.

In addition to being an advocate for environmental protection, job creation and higher education, Senator Lesniak has been an advocate for social justice.

http://raymondlesniak.com/about/[5/5/2015 1:50:41 PM] About | Senator Raymond J. Lesniak

He sponsored the repeal of the death penalty and replaced it with life without parole, making New Jersey the first state in the nation to abolish the death penalty in over thirty years. Since then, New Mexico, Illinois, Connecticut and Maryland have followed New Jersey’s lead.

For over a decade, Senator Lesniak was at the forefront of efforts to pass legislation to allow same-sex couples to marry in New Jersey. Today, same-sex marriage is law in the State of New Jersey.

Senator Lesniak has sponsored legislation to reform the criminal justice system, to put the focus on treatment, rather than incarceration, for criminal offenders dealing with drug and alcohol addictions. He sponsored the law expanding the drug court program in New Jersey, allowing thousands of inmates to enter into an intensive drug treatment program as an alternative to incarceration, and he authored the law repealing the ban on ex-offenders working in establishments that serve alcohol. Senator Lesniak believes that providing treatment and work opportunities for offenders will result in less repeat offenders and save tax dollars.

Senator Lesniak has worked with the New Jersey Humane Society and other animal welfare advocacy organizations to sponsor bills designed to prevent animal cruelty and help preserve nearly extinct animal species throughout the world. He has sponsored bills to crack down on the black market trade in tiger body parts which is driving tigers to the brink of extinction, to prohibit “gestation crates” which are designed to prevent pregnant pigs from turning around or lying down comfortably, and to prevent the slaughter of horses for human consumption in New Jersey. He’s the primary sponsor of legislation that bans the trade, sale, and distribution of shark fin products. He sponsored the first law in the nation which banned the trade of ivory products to help save elephants and other ivory tusk bearing mammals from extinction.

Senator Lesniak has authored two books: The Road to Abolition: How New Jersey Abolished the Death Penalty and What’s Love Got to Do With It?: The Case for Same Sex Marriage, co- authored with fellow marriage equality sponsor Loretta Weinberg, which outlined the fight to legalize same sex marriage in New Jersey, highlighting the legislative debate and the evolution of civil rights in history. Senator Lesniak also founded The Road to Justice and Peace, a nonprofit organization devoted to promoting social justice causes in New Jersey and abroad, and NJ4Haiti, a nonprofit humanitarian organization created in the aftermath of the devastating earthquake in Haiti in 2010 to raise funds and ship supplies to aid in the nation’s recovery.

In 2009, Senator Lesniak became only the second American, in its 20 year history, to win the prestigious international human rights award at Le Memorial de Caen, the D-Day and Human Rights museum in Normandy, France, besting thousands of contestants from throughout the world for his speech: “The Road to Justice and Peace.”

Senator Lesniak is founder of Imagine The Possibilities (Formerly Democrats for the Soul) a charity which helps out at soup kitchens, visits senior centers, nursing homes and veterans homes, and provides entertainment and conducts bingo games. At its Operation Santa event, members fulfill Christmas gift requests from children in foster homes and from poor families and present the gifts to the children at a Christmas Party with food, a Christmas D-Jay, and Santa. For many of the nearly 200 children, it’s the only present they get at Christmas.

Senator Lesniak has received numerous awards for his legislative work, including the “Public Service Award” from the Jewish Educational Center; “Paul L. Troast Award for Distinguished Public Service” from the New Jersey Business and Industry Association; the “Good Guy Award” by the New Jersey Women’s Political Caucus; “Legislator of the Year” by the Medical Society of New Jersey and ASAH; “Man of the Year” by the Jewish National Fund and American Cancer Society; the Medal of Honor from The National United Youth Council, Inc.; and “Humanitarian of the Year” by Community Access Unlimited and the Middlesex County Substance Abuse

http://raymondlesniak.com/about/[5/5/2015 1:50:41 PM] About | Senator Raymond J. Lesniak

Program. He has been honored for two consecutive years by the United States Humane Society as the “Legislator of the Year.” He has also been honored by Lambda Legal for championing the cause of marriage equality and was inducted into Garden State Equality’s Hall of Fame.

Senator Lesniak is active in the Polish community and served as Grand Marshal of the 2004 Pulaski Day Parade in New York City. He was also honored by the Polish American World as “Citizen of the Year” in 1982, and is a member of the Polish Legion of American Veterans.

Senator Lesniak is a leader in the Democratic Party. From 1992 to 1993, he served as Chairman of the New Jersey Democratic State Committee and was NJ Chair of the Clinton- Gore and Gore-Lieberman presidential campaigns.

Senator Lesniak is a partner in the law firm Weiner Lesniak.

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http://raymondlesniak.com/about/[5/5/2015 1:50:41 PM] State of New Jersey

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Director of the Division of Gaming Enforcement

David L. Rebuck Director

David L. Rebuck was nominated by Governor Chris Christie on April 29, 2011 to be the Director of the New Jersey Division of Gaming Enforcement, the casino regulatory agency within the Department of Law and Public Safety. Rebuck was appointed as Assistant Attorney General on May 9, 2011 by Attorney General Paula Dow. Rebuck was confirmed by the New Jersey Senate on January 9, 2012. He was officially sworn in on January 24, 2012.

Rebuck’s tenure at the Division began with the examination of the entire set of casino regulations to ensure consistency and to eliminate redundancy and unnecessary mandates. This task was the result of Governor Chris Christie signing into law Senate Bills S-11 and S-12, which significantly altered the landscape of Atlantic City and made the Division the principal gaming regulatory agency in New Jersey. A complete new set of regulations was adopted in December 2011.

Rebuck also spearheaded specific initiatives in the area of the Tourism District and the Clean and Safe mission established as part of S-11 by establishing an aggressive policy to enhance casino security and surveillance operations and in excluding individuals from casino hotels who repeatedly disrupt casino operations or threaten the safety of casino patrons and employees. Rebuck was instrumental in this initiative and the number of persons added in one year to the Division’s exclusion list reached its highest level ever in the history of the agency.

Since his appointment, Director Rebuck actively pursued legislation to offer alternate forms of gaming http://www.nj.gov/lps/ge/director.htm[5/5/2015 1:52:37 PM] State of New Jersey

in Atlantic City and revenue to the State. In the area of sports betting, Governor Christie signed a bill authorizing sports betting in Atlantic City casinos and New Jersey Racetracks. Under Rebucks’ direction, the Division promulgated and adopted regulations on October 12, 2012 allowing sports betting. The filing of litigation and resulting court case and the diligence in pursuant of sports betting has brought world-wide attention to New Jersey.

Rebuck has also been closely involved in the legalization and implementation of Internet gaming in New Jersey. With his foresight, proposed Internet gaming regulations were able to be adopted and become effective in October 21, 2013, less than three months after Governor Christie signed the law legalizing Internet gaming in New Jersey.

Under Rebuck’s direction, the Division also developed regulations which authorized Atlantic City casinos to offer fantasy sports tournaments, mobile wagering, and interstate wide-area progressive slot play. Rebuck's understanding of the casinos vast customer base and their ability to have contest winners utilize the casino cage to accept entry fees and pay out winnings was the catalyst for the development of the regulations and provided another amenity beneficial to the casinos and their customers.

Rebuck previously served as an attorney for 23 years as a Deputy Attorney General for the State of New Jersey and specializes in policy guidance and regulatory reform. He was assigned to the Governor’s Office as a Senior Policy Advisor to Governor Christie in February 2010 and assisted in the Governor’s initiative to reinvigorate Atlantic City and participated in overseeing regulatory reform efforts as a member of Governor Christie’s Red Tape Review Group.

Rebuck joined the Department of Law & Public Safety in January 1988 as a Deputy Attorney General. He was instrumental in providing legal advice in the review of programs and operations within the department and assisted in the evaluation of the performance of various agencies in accomplishing their mandated governmental role and in the development and implementation of corrective action.

Rebuck earned a bachelor’s degree from Gettysburg College in 1974. He earned a master’s degree in higher education administration from the University of Vermont in 1978, and earned his law degree from Delaware Law School of Widener University in 1986. Rebuck was Associate Dean of Student Life at Ursinus College from 1978 through 1986, and was Assistant to the President of Radford University from 1986 through 1988.

He is a member of the Pennsylvania and New Jersey

http://www.nj.gov/lps/ge/director.htm[5/5/2015 1:52:37 PM] State of New Jersey

Bar.

Rebuck was recognized by the International Masters of Gaming Law as their 2013 Regulator of the Year.

http://www.nj.gov/lps/ge/director.htm[5/5/2015 1:52:37 PM] Duane Morris LLP - Christopher L. Soriano, Partner - Profile

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CHRISTOPHER L. SORIANO Partner Duane Morris LLP Phone: +1 856 874 4228 1940 Route 70 East, Suite 100 Fax: +1 856 874 4388 Cherry Hill, NJ 08003-2171 Email: [email protected] USA

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Christopher L. Soriano, a member of the firm's Trial Practice Group, concentrates his practice on gaming law and commercial litigation.

As a gaming lawyer, Mr. Soriano has represented a wide range of stakeholders in the gaming industry—casinos, private equity and hedge funds, lottery companies, gaming technology manufacturers and equipment suppliers, and individuals—in all aspects of the licensing and regulatory process. He also focuses on the legal implications of cutting edge issues such as internet gaming, internet lottery, sports betting, and real-money fantasy sports. He has practiced before the Pennsylvania Gaming Control Board, New Jersey Casino Control Commission, and numerous other gaming regulatory bodies. He has advised clients with regard to regulatory applications and compliance in many states and provinces in the United States and Canada. He has also represented gaming industry clients in administrative actions and in litigation. He is a regular contributor to the Duane Morris LLP Gaming Law Blog and is regularly featured in various mainstream and gaming industry publications commenting on developing issues in gaming law.

As a litigator, Mr. Soriano has experience handling, among other cases, complex class actions, consumer fraud cases, public contracting disputes, construction matters, administrative complaints, and special education cases.

Admitted to practice in New Jersey and Pennsylvania, Mr. Soriano is a 2003 cum laude graduate of Temple University Beasley School of Law, where he was a staff member and business editor of Temple Law Review. He is a 2000 magna cum laude graduate of George Washington University, having majored in political science. Prior to entering the practice of law, Mr. Soriano served as a judicial intern for the Honorable Thomas J. Rueter, U.S. Magistrate Judge, U.S. District Court for the Eastern District of Pennsylvania.

Mr. Soriano is active in his community, where he serves as Chairman of the Planning Board of the Borough of Haddon Heights, as one of Haddon Heights' elected representatives to the Camden County Republican Committee, and as a member of the Order Sons of Italy in America, Lodge 2311, where he serves on the Arbitration Committee. He has been the chairman and chief strategist of several successful local political campaigns.

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