A judge heard arguments Wednesday from lawyers from fantasy sports websites DraftKings and FanDuel and state Attorney General Eric Schneiderman. Courtney Gross filed the following report.
Is all the skill in sports on the field, or on the bench, so to speak? Meaning your computer, on daily fantasy sports sites like FanDuel and DraftKings.
"Putting the team together, that's where the skill comes in," said David Boies, an attorney for DraftKings.
Arguments were heard in state Supreme Court on Wednesday, where high-powered lawyers for FanDuel and DraftKings attempted to stop the state attorney general from shutting them down.
Right now, FanDuel is not taking bets here, while DraftKings is still open for business.
"There is no doubt that a preliminary injunction would be very damaging to the company," Boies said.
State Attorney General Eric Schneiderman is trying to ban the sites in New York, sites he says amount to illegal sports gambling. He says picking a player is placing a bet on that player's performance. It's all up to chance. Therefore, it's illegal.
But that argument may not be a home run. Attorneys for the sites say daily fantasy sports are a game of skill. Cash won online is an award for a well-played contest.
"Mimicking or replicating the experience of general managers and coaches, and competing against others who are trying to do the same thing," said John Kiernan, an attorney for FanDuel.
For this head-to-head contest, FanDuel and DraftKings brought out an all-star legal team, flooding the courtroom with lawyers, which some say is a clear sign of the influence this industry has already won.
"It is really these private equity companies and sports leagues that have taken the risk that these contests would be found legal hoping to make large profits off them that are now bringing in the top lawyers in America to try to help ensure they maintain their profits," said Marc Edelman, a sports gaming expert at Baruch College.
It's unclear when this judge will make a decision. All he said from the bench was very soon.