Thank you for sharing!

Your article was successfully shared with the contacts you provided.
For the most part, statutes do not even purport to be easy reading. Legislators just load in the material and hope that nothing gets left out. For the convenience of your readers, you almost always need to summarize statutes. Consider the following statutory bar to high-level government officials owning or working for gaming entities during their tenure in office and for two years thereafter. The example is a composite, but it is representative:
No executive-level state employee, head of a principal department, head of an independent state agency or member of the legislature, or their immediate family members, shall have, at or following the effective date of this Act, a financial interest in or be employed, directly or indirectly, by any Licensed Gaming Entity, Licensed Casino Gaming Entity, applicant for such licenses, or any holding, affiliate, intermediary or subsidiary company thereof, during his or her status as an executive-level state employee, head of a principal department, head of an independent state agency or member of the legislature and for two (2) years following termination of such status.

Suppose your job is to summarize this long-winded statute for a memo or a brief. The approach is straightforward. First determine what you need and what you don’t need, then group the elements and place them in proper order. As the statute must, it names all the persons to whom it applies. Unless you are focusing on a particular type of public official, you don’t need to present the entire list, just a category that encompasses all persons on the list. Here, the phrase “high-level public official” can include executive-level state employees, heads of principal departments, heads of independent state agencies and members of the legislature. You can drop the reference to the effective date of the act because a reader will assume the stricture takes effect when the act takes effect unless you state otherwise. You can also drop the reference to “direct or indirect” employment by a gaming licensee unless you have an issue regarding indirect employment. Similarly, you won’t need the reference to “applicants,” meaning entities that have sought but haven’t received licenses, unless you have an issue involving an applicant. The statute refers to two classes of gaming entities — “Licensed Gaming Entities” and “Licensed Casino Gaming Entities.” Again, unless you have an issue that requires you to call attention to either of those two classes, just use a category that covers both (“gaming entities”). The same reasoning applies to the list of related entities — holding, affiliate, intermediary and subsidiary companies. They are all “affiliates.” The statute concludes by setting forth the period for which public officials are restricted — two years. In typical statutory fashion, it repeats the full list of persons covered. You can skip the repetition. Just refer to the relevant period. The elements of the statute can be grouped as follows:

This content has been archived. It is available through our partners, LexisNexis® and Bloomberg Law.

To view this content, please continue to their sites.

Not a Lexis Advance® Subscriber?
Subscribe Now

Not a Bloomberg Law Subscriber?
Subscribe Now

Why am I seeing this?

LexisNexis® and Bloomberg Law are third party online distributors of the broad collection of current and archived versions of ALM's legal news publications. LexisNexis® and Bloomberg Law customers are able to access and use ALM's content, including content from the National Law Journal, The American Lawyer, Legaltech News, The New York Law Journal, and Corporate Counsel, as well as other sources of legal information.

For questions call 1-877-256-2472 or contact us at [email protected]

Reprints & Licensing
Mentioned in a Law.com story?

License our industry-leading legal content to extend your thought leadership and build your brand.


ALM Legal Publication Newsletters

Sign Up Today and Never Miss Another Story.

As part of your digital membership, you can sign up for an unlimited number of a wide range of complimentary newsletters. Visit your My Account page to make your selections. Get the timely legal news and critical analysis you cannot afford to miss. Tailored just for you. In your inbox. Every day.

Copyright © 2021 ALM Media Properties, LLC. All Rights Reserved.