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July 7, 2022

VIA EMAIL

Gregory A. Smith

Hobbs Straus Dean & Walker

1899 L Street N.W.

Suite 1200

Washington, D.C. 20036

Re: Review of IGT Customer Agreement

Dear Mr. Smith:

This letter responds to your June 21, 2022 request on behalf of your client, the Catawba 

Indian Nation, for the National Indian Gaming Commission’s Office of General Counsel review

of the IGT Customer Agreement between the Nation and IGT. Specifically, the Nation seeks a 

legal advisory opinion addressing whether the agreement constitutes a management contract,

requiring the NIGC Chairman’s approval under the Indian Gaming Regulatory Act, and whether 

the agreement violates IGRA’s mandate that a tribe have the sole proprietary interest in its 

gaming activity. 

The following submission was considered: 

• IGT Customer Agreement (“Catawba Sports Betting Customer 

Agreement, Rev. 2022.01.12 v2”), which includes:

o Attachment for Sports Betting (“Catawba Sports Betting 

Attachment, Template 2-16-22 v23”)

 Exhibit A Statement of Work, and

 Exhibit B Data Processing Agreement

• Attachment 1 Processing Activities;

o Attachment for Trading Services (“Catawba Trading Support 

Services Attachment, Template 9.14.21”)

 Exhibit A Permitted Brands and URLs (blank),

 Exhibit B Trading Support Services and Betting Data,

 Exhibit C Official Betting Rules and Regulations (blank), 

 Exhibit C-1 NBA Official Betting Data Rules and 

Regulations, and
Letter to Gregory A. Smith

Re: Review of IGT Customer Agreement

July 6, 2022

Page 2 of 2

o Sportsradar, Betting Operator Undertaking Relating to UEFA 

Matches and Competitions.

The agreement contains terms similar to other IGT Sports Betting agreements the Office 

of General Counsel has reviewed, analyzed, and issued opinions for, which are available on the 

NIGC website. Applying the same analysis here, it is my opinion that the agreement is not a 

management contract and does not require the Chairman’s approval. Nor, in my opinion, does 

the agreement violate IGRA’s sole proprietary interest mandate. 

It is my understanding that the agreement is represented to be in substantially final form 

with respect to terms affecting this opinion. If it changes in any material way, this opinion shall 

not apply. Further, this opinion is limited to the agreement listed above and does not include or 

extend to any other agreements or documents not submitted for review.

Please note that it is my intent to release this letter to the public through the NIGC’s 

website. If your client has any objection to this disclosure, please provide a written statement 

explaining the grounds for the objection and highlighting the information that your client 

believes should be withheld. See 25 C.F.R. § 517.7(c). If your client objects on the grounds that 

the information qualifies as confidential commercial information subject to withholding under 

Exemption Four of the Freedom of Information Act (FOIA), 5 U.S.C. § 552(b)(4), please be 

advised that any withholding should be analyzed under the standard set forth in Food Marketing 

Institute v. Argus Leader Media, 139 S.Ct. 2356 (2019). Please support any claim of 

confidentiality with “a statement or certification by an officer or authorized representative of the 

submitter.” 25 C.F.R. § 517.7(d). Please submit any written objection to 

FOIASubmitterReply@nigc.gov within thirty (30) days of the date of this letter. After this 

time elapses, I will make this letter public and will no longer consider objections. Id.

If you have any questions, please contact NIGC Of Counsel, Jo-Ann Shyloski, at 

(202) 632-7003. 

Sincerely, 

Michael Hoenig

General Counsel

cc: William Harris, Chief, Catawba Indian Nation