A New Jersey court has denied Evolution AB’s effort to add Playtech Plc as a defendant in its ongoing defamation lawsuit, marking the latest development in a legal dispute that has drawn significant attention across the online gaming industry.
Court records (pdf) filed on June 5 in Atlantic County Superior Court show that Evolution’s request to amend its complaint and formally include Playtech in the case was rejected. The motion followed an April filing in which Evolution sought to broaden the lawsuit and bring additional claims against Playtech and several other parties.
The dispute centers on a report produced in 2021 that raised allegations regarding Evolution’s operations in several international markets. Evolution maintains that the report was part of a coordinated effort designed to damage its reputation and weaken its competitive position in North America.
Court Declines Request to Expand Complaint
Evolution originally filed suit against New York-based law firm Calcagni & Kanefsky LLP, which submitted the report to regulators in New Jersey. The company later sought permission to revise its complaint after court proceedings identified Playtech as the client behind private intelligence firm Black Cube, which prepared the report.
In its proposed amended complaint, Evolution accused Playtech of commissioning the investigation and alleged wrongdoing that included defamation, trade libel, fraud, and racketeering. The company argued that Playtech financed and directed a campaign intended to trigger regulatory scrutiny and harm Evolution’s business interests.
Evolution detailed several allegations in support of its request, including claims that Playtech paid Black Cube approximately $2.4 million to investigate the company. The filing also sought to add public relations consultant Juda Engelmayer and other individuals as defendants.
Earlier this year, Evolution publicly outlined its position regarding Playtech’s alleged involvement.
“It continues to be disappointing that a direct competitor would go to such extreme lengths to orchestrate a covert campaign designed to harm our business and avoid competing fairly in the marketplace. We are formally naming Playtech in our lawsuit because the facts are clear: Playtech hired Black Cube to create and publicize a defamatory report designed to harm Evolution, all while misleading the market and lying to investors about its role. For nearly four years, Playtech spent millions of dollars in legal fees to conceal its involvement in this smear campaign and avoid accountability.”
Playtech has consistently defended its decision to retain Black Cube, maintaining that the investigation was a legitimate effort to examine concerns raised within the industry. The company has also characterized the legal dispute as a contingent liability and has rejected allegations that it engaged in an organized campaign against Evolution.
Legal Questions Remain Ahead of November Hearing
While the court denied Evolution’s effort to add Playtech as a defendant, industry observers indicated that the ruling may not permanently prevent the company from pursuing that strategy later.
Sources familiar with New Jersey legal proceedings cited by SBC Americas revealed that the decision was tied to procedural issues involving Black Cube’s effort to dismiss the lawsuit under the Uniform Public Expression Protection Act (UPEPA), the state’s anti-SLAPP law. Depending on future rulings, the case could either be dismissed or continue, potentially allowing Evolution to renew its request at a later stage.
The same court also denied Evolution’s request for relief from UPEPA protections. As a result, Evolution, Black Cube, and Calcagni & Kanefsky are expected to participate in a hearing scheduled for November 2026 concerning the disputed report and related claims.
Judge John C. Porto also addressed several discovery matters connected to the litigation. The court approved Black Cube’s request for additional transcripts and recordings linked to communications with the New Jersey Division of Gaming Enforcement (DGE). Those materials relate to the regulator’s investigation into allegations contained in the report.
However, the judge declined requests seeking broader access to recordings unrelated to the DGE inquiry as well as further discovery connected to other investigations conducted by Black Cube involving Evolution.
To manage remaining discovery disputes, the court plans to appoint retired U.S. District Judge Robert B. Kugler as a special adjudicator. Kugler will oversee unresolved issues, including matters tied to an internal review conducted by Evolution with third-party assistance. Court filings indicate he will be compensated at a rate of $900 per hour by the parties involved.
Regulatory Findings Continue to Shape Case
The underlying dispute traces back to late 2020, when Playtech allegedly retained Black Cube to investigate Evolution. According to Evolution’s court filings, the investigation involved interviews conducted under false pretenses before information was compiled into a report delivered to gaming regulators in New Jersey and Pennsylvania during 2021.
The report alleged that Evolution operated unlawfully in jurisdictions including China, Iran, and Sudan. Following its submission, both the New Jersey Division of Gaming Enforcement and the Pennsylvania Gaming Control Board opened investigations.
Neither regulator ultimately took enforcement action against the company.
Court documents reference findings issued after the investigations concluded in February 2024. According to those records, the DGE found “no evidence … showing that Evolution took illegal bets from New Jersey, another state, or any other prohibited jurisdiction,” and “no evidence of inappropriate payments to Evolution by its clients or that Evolution provided devices for customers to illegally use their content.”
Subsequent court proceedings also referenced regulatory findings when evaluating the report. Legal filings note that a court described the report as “objectively baseless” in light of the conclusions reached by regulators.
Despite the ongoing litigation, Playtech has continued expanding its North American operations. The company recently launched its iPoker network through FanDuel, making the platform available in Michigan, New Jersey, Pennsylvania, and Ontario.
The legal battle remains unresolved, with several procedural questions and discovery disputes still awaiting determination before the case can move closer to trial.