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The case, which dates back to November 2021, was filed by Evolution against Black Cube, after the intelligence firm was found to have been secretly investigating Evolution’s activities from December 2020.

Playtech commissioned Black Cube’s investigation, which Evolution has described as a “smear campaign” involving secretly recorded interviews with staff members.

The dossier accused Evolution of supplying games into banned and sanctioned markets, including territories under US sanctions such as Iran and Syria.

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At least 60 “yes” votes were needed to move the legislation towards passage, but the final tally of 49-50 didn’t even reach a majority after four Republican lawmakers broke ranks to oppose the market structure bill. With critical midterm elections approaching in November, there is little chance that the issue will be picked back up in the balance of the Congressional session.

Notably, ethics concerns may have played a critical factor in the rejection of the bill. Lawmakers from both sides did not feel that an updated version of the text released on Sunday went far enough in addressing concerns related to senior officials maintaining or endorsing crypto business ties. However, a group of Republicans claimed they made a series of concessions when US President Donald Trump agreed to modifications on Sunday night that contained stronger ethics measures, the Associated Press reported. The 11th hour concessions were not enough to appease potential swing voters among Senate Democrats.

“This legislation failed squarely because Republicans refuse to say no to the president,” Arizona Senator Ruben Gallego said in a statement. “It takes 60 votes to pass a bill, and instead of spending their time twisting themselves into knots to appease President Trump, Republicans should have worked more closely with Senate Democrats to craft a bill that could pass with strong ethics provisions.”

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The ASA’s ruling directed both Dribble Media and Limay Media to ensure the offending advertisement would not be redisplayed in the same form.

This is Midnite’s third ASA ruling this year. Last month, the operator came under scrutiny for an ad that suggested that “gambling was an escape from personal problems”. The ASA received 125 complaints on the offending ad and the company was ordered to remove the advertisement. 

Another June ruling was not upheld.