October 09, 2017

Jenner & Block won a victory for daily fantasy sports company FanDuel Inc. when a judge dismissed a putative class action filed by former college football players. Suing under Indiana’s right-of-publicity laws, the athletes objected to the use of their “names and likenesses” in online fantasy sports gaming sites run by FanDuel and another daily fantasy sports company, DraftKings Inc. On September 29, the US District Court for the Southern District of Indiana held that the companies could use the athletes’ names and statistics under express statutory exemptions to Indiana’s right-of-publicity law because the players’ names and statistics were of public interest and had “newsworthy value.” The team representing FanDuel Inc. included Partner Kenneth L. Doroshow. News of the dismissal was reported in Bloomberg.