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NSEI is an Active Participant in the Courts and Has Submitted Multiple Amicus Briefs.

11.18.22 BRIEF of Amicus Curiae in Support of Plaintiff Motion for Summary Judgment (NSEI)

Southern District New York


November 18, 2022

SEC v. Ripple Labs, Bradley Garlinghouse, and Christian A. Larsen


NSEI Position:   Since the SEC's mission is to protect investors, we must define what an investment truly is in the first place. An investment is a position in a cash flow generating asset coupled with a margin of safety. One cannot "invest" in crypto because, for the most part, cryptos do not generate cash flows. Thus, investor protection in the 21st century must include people that are truly investing AND people who think they are investing, but are actually speculating.

NSEI Amicus Brief - NY Supreme Court - White v Cuomo.jpg

New York Court of Appeals


NSEI Position:  DFS is not a game. Rather, DFS is a claim on future contingent events, specifically athlete performances in sports. Therefore, DFS is illegal gambling under the Penal Law..

August 17, 2021

Jennifer White, et al. v. NY State Governor Andrew Cuomo & The NY State Gaming Commission


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NSEI Amended Indiana Amicus Brief - C2-1

Indiana Supreme Court

NSEI Position:  Athlete statistics are like financial indices, and their consented use for commercial purposes violates the right-of-publicity under Indiana law (just like the unconsented use of the indices for commercial purposes constitutes misappropriation).

May 30, 2018

Akeem Daniels, et al. vs. FanDuel, Inc. and DraftKings, Inc.



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Supreme Court of the United States

NSEI Position:  Gaming and Gambling are not equivalent. Gaming is a matter reserved to the states. Gambling, if it involves claims on future contingent events, is reserved to the Federal government.

NSEI Supreme Court Amicus - New York-1.j

September 5, 2017

Christopher Christie, Gov. of New Jersey vs. National Collegiate Athletic Association (NCAA)

16-476, 16-477

NSEI Amicus Brief Final - Filed - Appell

New York Supreme Court
Appellate Division - First Department

March 23, 2016

453054/15, 453056/15

People of the State of New York vs. FanDuel, Inc. and DraftKings, Inc.


NSEI Position: DFS is not a game. Furthermore, it fails the 'future contingent event' prong of the gambling test, therefore DFS is gambling under New York law. 

*The case settled around the same time NSEI submitted its amicus brief, therefore it was not docketed.

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