Scope of Exemption Under Federal Lottery Statutes for Lotteries Conducted by a State Acting Under the Authority of State Law
Department of Justice Office of Legal Counsel
1Opinion of the Court
Scope of Exemption Under Federal Lottery Statutes for Lotteries Conducted by a State Acting Under the Authority of State Law The federal lottery statute exemption for lotteries “conducted by a State” requires that the state exercise actual control over all significant business decisions made by the lottery enterprise and retain all but a de minimis share of the equity interest in the profits and losses of the business, as well as the rights to the trademarks and other unique intellectual property or essential assets of the state’s lottery. It is permissible under the exemption for a state to…
2Cases cited13 opinions
- MacKey v. Lanier Collection Agency & Service, Inc.Supreme Court of the United States · 1988
- Fed. Sec. L. Rep. P 99,479 Samuel Mallis and Franklyn B. Kupferman, Cross-Appellants v. Bankers Trust Company, Cross-AppelleeCourt of Appeals for the Second Circuit · 1983
- Dalton v. PatakiNew York Court of Appeals · 2005
- Tifd Iii-E, Inc. v. United States of America, Docket No. 05-0064-CvCourt of Appeals for the Second Circuit · 2006
- Kidz Cloz, Inc. v. Officially for Kids, Inc.District Court, S.D. New York · 2004
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