NJ court says Evolution cannot add Playtech to defamation lawsuit

A person with a denied paper as Evolution is denied a motion in court.
Image: Alina Nikitaeva / Shutterstock

Editor’s Note: This article has been updated to include clarity on the legal proceedings between Evolution and Calcagni & Kanefsky LLP.

Evolution AB received an unfavorable ruling in its legal dispute against a New Jersey-based law firm concerning an investigation into the company’s business practices.

According to court documents filed June 5 in New Jersey’s Atlantic County Superior Court, Evolution’s request to add Playtech as a defendant in a defamation lawsuit filed against Calcagni & Kanefsky LLP has been denied. The motion was denied after Evolution filed a request in April to amend the complaint to add Playtech as a defendant.

The judge’s decision to deny the request to add Playtech as a defendant is procedural, as Evolution simultaneously filed a motion for relief from a stay under the Uniform Public Expression Protection Act. The decision is without prejudice, allowing Evolution to make another attempt to add Playtech as defendant once the active lawsuit is decided.

Why is Evolution suing Calcagni & Kanefsky LLP?

The legal dispute between Calcagni & Kanefsky and Evolution stems from Playtech’s hiring of private intelligence firm Black Cube to draft a report on Evolution’s business practices. In the initial suit, Evolution argues that the report was commissioned to eliminate competition within the U.S. commercial online and retail casino industry.

The report alleged that Evolution operated illegally in several international markets, including China, Iran, and Sudan. As a result of Evolution’s alleged illicit activity, Calcagni & Kanefsky sent the report to the New Jersey Division of Gaming Enforcement (DGE).

The DGE, along with the Pennsylvania Gaming Control Board, initiated probes following the report, but both gaming regulators declined to take enforcement action against Evolution.

In Evolution’s motion to add Playtech as a defendant, the company details its reasoning behind the request:

  • Playtech reportedly paid Black Cube roughly $2.4 million to investigate Evolution
  • Evolution wanted to add Playtech as a defendant for commissioning the report
  • The company’s accusations against Playtech included trade libel, fraud, and racketeering
  • Evolution also attempted to add PR expert Juda Engelmayer and others as defendants

Playtech continues to stand behind its decision to hire Black Cube to commission the report into Evolution’s business practices, deeming the action fair and permissible. Playtech also considers the dispute with Evolution to be a “contingent liability.”

Playtech brings iPoker network to FanDuel

Playtech continues to conduct business as usual as it faces backlash from Evolution. On Thursday, the company’s iPoker network made its North American debut via PokerStars.

“Debuting our industry-leading iPoker platform in North America with a valued partner like FanDuel is a defining moment for Playtech’s North American expansion,” said Playtech Chief Interactive Gaming Officer Marat Koss. “We’re immensely proud to bring our poker platform to three major regulated markets and support FanDuel in their mission to deliver a top-tier poker experience to players.”

The iPoker platform is available in several regulated online casino markets:

  • Michigan
  • New Jersey
  • Pennsylvania
  • Ontario

In April, Flutter announced plans to exclusively offer PokerStars through FanDuel. The integration allows FanDuel Casino and PokerStars offerings to be placed side-by-side.

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