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the US. We try to do our best to be compliant, manage our data correctly and cooperate with the authorities when there is an incident. This is an area where everyone is focused right now. We had a well-publicized cyber event in the fall of last year. It was not an enjoyable experience, but I felt we were well prepared for it. SP: With some of the big main US players moving into cash positivity, how do you see that changing the industry worldwide in terms of consolidation and investibility? JM: BetMGM is separate a JV with Entain so I’m not speaking for them. But if we look at others in the US, I wouldn’t be surprised to see them trying to grow outside their home market, and obviously FanDuel is already part of Flutter. That’s what we’re doing too with LeoVegas and other interests in Europe. Companies that want a digital business are looking for places to grow so there is a natural desire to look to other places to expand. At ths stage I don’t see that transforming the online digital market, but it certainly has the potential to introduce new competition. SP : IMGL general members are typically practising attorneys. What value does external counsel bring to you as head of in- house legal, when do you decide to bring in outside counsel, and what can these counsels do to support General Counsels even better? JM: In the US, a gaming specialty is becoming less common, which can be a problem. As companies grow, they develop ever-larger in-house staff and US regulators will often say they want to hear more from the company than their lawyers. That does mean that we’re in danger of losing expertise. The depth of experience and expertise you build up by representing just one company is much less than you get from handling multiple matters for multiple clients. I like to use outside counsel when we’re in a new jurisdiction to better understand local issues and navigate the licensing
process. I also rely on them when we have a difficult issue or one which means we have to be more adversarial with regulators. In terms of what I value from outside counsel, being responsive, is one. I appreciate those that take the time to learn about the company and its issues and be proactive in giving advice. In general, I like outside counsel to give me as much advice as they are comfortable giving. It’s then up to the in-house counsel to make a judgement on what to use. We have to make the ultimate decision on what to recommend to our internal clients, but more information is definitely good. SP: IMGL is very supportive of students of gaming law as the next generation of gaming attorneys. You studied at Vanderbilt University and the University of Miami School of Law. What are the skills and assets that you learned there and that remain relevant for your daily work. What advice do you have for those just starting out? JM: I had a double major when I was at Vanderbilt and one of those was in philosophy. Philosophy teaches you about how to make logical arguments which was helpful at the time and has stayed with me. At Miami my traditional legal education was good and various things I learned still apply in the work that I do every day. What I think I would advise those starting out is not to get stuck in one area of the law that you focus on exclusively, even if that’s within the gaming discipline. Learn as much as you can about the subject because you really don’t know what’s coming next and where things might lead. I’ll give you an example. Early in my career at MGM I volunteered to work on a residential condominium project even though I didn’t have any experience in that area. It turned out to be a springboard to a number of other opportunities and gave me the exposure to senior management that probably got me to where I am today. So, it’s about being open, raising your hand and trying new things. Do that and things will probably go well.
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IMGL MAGAZINE | APRIL 2024
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