Canadian courts have been host to considerable litigation concerning should compulsive or self-excluded gamblers be able to recover losses or seek relief from the gaming operator based on breach of an alleged duty of care? That's a question that's been making its way through Ontario, Quebec and other Canadian courts with greater frequency. Ontario lawyers and academics can't agree on the extent of any duty of care to gamblers, and the topic has been the subject of several articles. This expert panel will help sort out this complicated, costly issue and address these unresolved questions:

• What is the duty of care Canadian casinos owe to problem and other gamblers?
• What is the legal impact of a hold harmless or exculpatory clause that limits an operator’s liability for negligence, gross negligence, or recklessness?
• What remedies/damages should be available to successful plaintiffs?
• Why have Canadian litigants been so successful in duty of care litigation when compared to U.S. plaintiffs?

Moderator:
Joseph M. Kelly – Professor, Buffalo State College, State University of New York

Panelists:
Emir A.C. Mohammed – Assistant Professor, University of Windsor Law School
William V. Sasso – Partner, Sutts Strosberg LLP
Kevin Weber – Member, Dickinson Wright PLLC

In stark contrast to the early days of Las Vegas gambling, today’s gaming community is showing a growing concern toward corporate social responsibility (CSR) and responsible gaming. We live in an era where sustainability of most business, and perhaps gaming in particular, is contingent upon a strong commitment to CSR as it is ultimately the public who will determine our future. CSR is often an important element for investment analysts making recommendations to guide potential investors. It may involve responsible gaming, green initiatives, diversity, safety, ethics, community involvement and more. It has been stated that social responsibility should come before profitability. Should CSR be mandated, regulated, incentivized or left to the discretion of parties involved? This session will explore issues surrounding CSR and why it is so important for the gaming industry.

Moderator:
Connie Jones – Director of Responsible Gaming, International Game Technology

Panelists:
Paul Burns – Vice President, Public Affairs, Canadian Gaming Association
Jon Kelly – CEO, Responsible Gaming Council of Ontario
Alfredo Lazcano – Managing Partner and Director, Lazcano Samano, S.C
William Thompson – Professor of Public Administration, University of Nevada Las Vegas

As terrestrial operators grapple with declining revenues due to the slumping economy, some are seeing the light that internet gaming could offer. This session will explore the potential for land-based operators, what the challenges and opportunities are and how to get from here to there.

Moderator:
Sue Schneider – Instigator, Clarion Gaming America

Panelists:
Mark Clayton – Of Counsel, Lionel Sawyer & Collins
Constance Ladell – Director of Legal Service and Privacy, BCLC
Maggie McGee – Vice President, Business Innovation, Nova Scotia Gaming Corporation
Patrick O'Brien – Partner, Greenberg Traurig, Florida
I. Nelson Rose – Professor of Law, Whittier Law School

Exclusive to IMGL Spring Conference Delegates.

Keynote Speaker:
Judge Mark G. Farrell – Judge, Amherst New York District Court

How long will the Canadian government continue to subsidizing horse racing, giving the horse people and the track owners 10 percent of the win each, when there is no increasing interest in, or support for horseracing? Withdrawing the subsidy would likely be the death knell for the industry. Is supporting horse racing still high priority from a government policy perspective? Do tracks need slots to survive? The panelists will have a frank discussion on future of horse racing.

Moderator:
Joel Rose – Partner, Aird & Berlis

Panelists:
William J. Bissett - President, Gaming & Entertainment, Delaware North Companies Inc.
Rob Scarpelli – Managing Director, HLT Advisory Inc.

In Canada, neither legislation nor legal process exist to force the governments of Canada and/or Quebec to negotiate. Tribal gaming in Canada has been hindered by a number of legal ambiguities and a lack of clarity. This panel will discuss what can be done in Canada to overcome these obstacles. Thus permitting First Nations gaming to achieve the same history and experience that Tribal gaming has enjoyed in the United States and the benefits it has accorded its Ingenious Peoples.

The United States has the "Indian Gaming Regulatory Act; Canada, however, doesn’t have a governing body to determine whether a "First Nations Group" in Canada is entitled to claim an "Aboriginal Right To Gaming" (under the Canadian Constitution Act of 1982, similar to the "National Indian Gaming Commission" in the U.S.). The panel will compare what is happening on both sides of the N. American border.

Moderator:
Morden Lazarus – Partner, Lazarus, Charbonneau, Quebec

Panelists:
Steven Light – Professor and Co-Director, Institute for the Study of Tribal Gaming Law and Policy, University of North Dakota School of Law
Murray Marshall – Partner, Marshall Sokolyk
John Roberts – Executive Director, San Pasqual Band of Mission Indians
Patrice Rodrigue – Legal Analyst, Gambling Compliance Ltd.
Judith A. Shapiro – Esquire, Judith A. Shapiro Law Firm

In July of 2008, the Ontario government disclosed a letter it had sent to the federal government, seeking an amendment to the Criminal Code that would permit single game sport betting. Other provinces sent similar letters. In Delaware, where laws permitting sports betting have long been on the books, persistent rumblings have been heard for the last two years about the State government's planning to put those laws to use. The potential benefits to governments to expanding the availability of legal sports betting are clear, whether as direct revenue from conducting and managing the sportsbooks or by way of tax revenue. The panel will discuss sports betting in various US jurisdictions & consider the likelihood of legalization of sports betting in Canada, and what non-financial public benefits might result from such a change. The legal aspects of sports betting in the United Kingdom will also be discussed.

Moderator:
Michael Lipton Q.C. – Member, Dickinson Wright, Toronto

Panelists:
Tony Coles – Partner, Jeffery Green Russell
Mark Davies – Managing Director, Betfair
Ellen Whittemore – Of Counsel, Lionel Sawyer & Collins, Former President, Las Vegas Sports Consultants

The capital markets virtually disappeared in the final quarter of 2008. Many lenders indicated that the capital markets would start to return starting in early 2009. Numerous governments have pumped additional funds into their respective banking systems. There have been numerous demands in the political arena for accountability regarding use of these funds by the banking systems. What is the bottom line - will there be greater access to the capital markets in 2009. If yes, then when and how much access will there be. This panel will engage in a spirited discussion regarding access to capital in calendar year 2009.

Moderator:
Robert W. Stocker II – Member, Dickinson Wright PLLC, Michigan

Panelists:
Gene Chayevsky – Chairman and CEO, Cadillac Jack Inc.
Robert Faiss – Partner, Lionel Sawyer & Collins
Craig Hammond – Member, Dickinson Wright PLLC
Clive Tilley – President and CEO, Tilley Entertainment
Michael Wagman – Managing Director, Clairvest Group Inc.

With an increasing number of EU jurisdictions moving towards a modernized, and more liberal, approach to regulating gambling, and with an up to date regime in the UK which has been working for over a year, are there examples which Canadian Provincial Governments could study? Is a "white listing" approach, similar to that already in place in the UK and which may be adopted elsewhere in Europe, the best way forward?

Moderator:
Tony Coles – Partner, Jeffrey Green Russell, England

Panelists:
Santiago Asensi – Asensi Abogados
Henrik Hoffmann – Attorney at Law, LETT Advokatfirma
Joerg Hofmann – Partner, MELCHERS

Risk management and loss prevention programs at leading casinos today are benefiting from digital and electronic mediums for evidence collection, including video, audio and radio communications. The best programs are documenting the responses to calls for assistance by guests and employees. A small percentage of leading casino operators are now using biometric verification and aggregation of multimedia data. Still, far too many casinos are lagging in their risk management/loss prevention programs, which translates to higher legal defense costs and a lower bottom line. The percentage of commercial gaming operations that are utilizing even digital video resources is low, and the number that are using video analytics like POS or programs to provide true “Single Point for Evidentiary Aggregation” is even lower. The seminar will discuss how biometrics of “facial recognition / fingerprint,” combined with data analytics can be applied to transaction accountability for Title 31, game protection and responsible gaming initiatives—all in name of mitigating potential claims and losses.

Moderator:
Douglas L. Florence – Sr, CPP, Director, Gaming Sector, Nice Systems Inc.

Panelists:
Tony Cabot – Partner, Lewis & Roca
Kelly McDougald – CEO, Ontario Lottery and Gaming Corporation
Dennis Nelson – Chairman/CEO, Veridocs
Bob Schmitt – President, Biometrica Systems Division of L1 Identity Solutions