Evolution has lost its bid to have a New Jersey judge order sanctions on investigative firm Black Cube over its alleged non-compliance with discovery.
Evolution has lost its bid to have a New Jersey judge order sanctions on investigative firm Black Cube over its alleged non-compliance with discovery.
The live casino giant had argued the private intelligence firm – which has compiled a series of reports alleging Evolution is operating in prohibited jurisdictions – did not fully comply with the court’s previous discovery order.
This, the business said, was by not properly disclosing all payments and invoices made as part of its agreement with Evolution’s competitor Playtech, which commissioned the reports.
Evolution further argued the court should continue the deposition of Black Cube’s sole director Dr. Avi Yanus, which Black Cube said has now been completed.
The update follows Black Cube successfully getting the court to approve its own protective order, which protected its agents from being unmasked as part of the case, many of whom are veterans of Israel’s intelligence services.
The ongoing case has become one of the most talked about disputes in the online gambling sector and has resulted in significant share price damage to both Evolution and Playtech, two of the largest gaming suppliers in the market.
Judge also rejects Evolution protective order
Meanwhile, the court also rejected a separate bid by Evolution to protect itself from aspects of Black Cube’s own discovery order.
Evolution had claimed: “[The requests] call for documents and information containing highly sensitive non-public business information, including customer lists, contracts (that contain nondisclosure provisions), detailed financial information, and other proprietary information relating to how Evolution conducts its business.
“The public disclosure of these documents, including to Evolution’s competitors in the online gaming industry, would harm Evolution.”
In response, Black Cube had argued: “Through its motion, Evolution seeks to ensure that the court of public opinion remains open, but only to Evolution – a place for Evolution to air its grievances, but not for Black Cube or C-K to defend themselves.”
The discovery fights are the latest twists in the landmark case, although represent relatively minor procedural updates.
While analysts at Peel Hunt recently said they were optimistic the case might be settled outside court, if that does not occur the case could drag on for years into the future.