Emory Corporate Governance and Accountability Review


Lauren Paine


Daily Fantasy Sports companies have captured the attention of consumers through elaborate advertising and marketing campaigns. But the increased publicity came at a cost. Nearly every State's government has begun calling into question the legality of sites like DraftKings and FanDuel. The threshold issue is whether or not Daily Fantasy Sports constitutes a game of skill or is merely a game of chance. If Daily Fantasy Sports is found to be based in chance, rather than skill, it would constitute gambling and create a serious issue of legality. However, escaping the definition of gambling is the just the tip of the iceberg for Daily Fantasy Sports companies. This essay seeks to explain the concept of Daily Fantasy Sports, the controversy surrounding Daily Fantasy Sports and possible regulatory and compliance solutions.