Federal Court Order Removes Confidential Designation on Emails Related to Eckert Seamans Cherin & Mellott’s Involvement in Efforts to “Kill Skill” Games

Pace-O-Matic receives important victory in effort to expose Eckert Seamans and their casino client’s attempt to clandestinely influence state agencies and boards


HARRISBURG, PA, Sept. 05, 2023 (GLOBE NEWSWIRE) -- Pace-O-Matic, Inc. (POM) released the following statement after United States District Judge Jennifer Wilson issued an order removing confidential designation to a slew of emails related to Eckert Seamans Cherin & Mellott, LLC’s (Eckert Seamans) efforts to influence state lawmakers, agencies and law enforcement in an attempt to eliminate the skill game industry, particularly targeting Pace-O-Matic’s Pennsylvania Skill games in the commonwealth.

Pace-O-Matic’s Chief Public Affairs Officer Mike Barley said, “This is another major court victory for POM and Pennsylvania Skill, our small business operators, the thousands of small businesses and fraternal clubs who benefit from the revenue our games generate, and the many players who enjoy this popular entertainment product.

“The efforts by Eckert Seamans, Parx Casino and others to work behind the scenes to use the levers of government to go after skill games must be exposed. Using the false premise that our games were illegal, which several courts have rejected, these actors leveraged state lawmakers, regulators like the Pennsylvania Gaming Control Board, prosecutors, and some in law enforcement to wrongfully target and harass small businesses and fraternal clubs for operating a legal product. Why? Simply because they don’t like skill games and wrongfully view them as competition to their record profits.”

Judge Wilson referenced Mark Stewart, a former attorney for Eckert Seamans who represented Parx Casino, and lobbyist Richard Gmerek in her ruling.

Judge Wilson wrote in her opinion; “The documents at issue are five email threads with attachments, which Plaintiff attached to their motion as Exhibits C, D, E, F, and G. Most of the exhibits consist of email correspondence between some combination of Defendant Mark Stewart, non-party state employees, and a non-party lobbyist, Richard Gmerek. Some exhibits include email correspondence between Defendant Stewart and Parx Casino employees, non-party attorneys, or other non-parties. Most of the exhibits include email threads in which recipient lists expanded or contracted as emails were forwarded to new recipients or recipients were removed from email discussions.”

The Judge concludes, “The court FINDS NO GOOD CAUSE for maintaining the confidential designation as to the documents labeled as Exhibits C, D, E, F, and G to Plaintiff’s motion for designation of confidentiality. (Doc. 273-1, pp. 23–58.) The court DECLARES that these documents DO NOT QUALIFY AS CONFIDENTIAL.”

Click here to read the full order.

Barley concluded, “Despite the failed, and soon to be further exposed, efforts of Eckert Seamans, Parx and others to ‘kill skill’ – as they wrote in emails -- we believe the will of the legislature is clear… regulate and tax skill games.

“With strict guidelines, enforcement, and fair regulations, these games will be a win-win for the commonwealth and continue to support the countless small businesses and fraternal clubs, like our VFWs, American Legions and volunteer firefighter halls, that depend on this much-needed revenue to survive.”

About Pace-O-Matic
POM is a leading developer of legally compliant games of skill in the United States. Its games are played in thousands of small restaurants and bars, along with many social halls such as American Legion and Veterans of Foreign War posts.  Our games generated millions of dollars in revenue for businesses and clubs in Pennsylvania last year.

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