Evolution has asked a New Jersey court to toss out a sweeping new demand for evidence by investigative firm Black Cube, arguing the latest demands would needlessly expand the scope of their long-running legal battle.
Evolution and Black Cube Clash Over Scope of Latest Discovery Bid
The objection was filed by the Swedish live casino supplier on August 18, just ahead of another ruling from retired federal judge Robert Kugler, who is acting as special adjudicator in the case, on expert testimony and document confidentiality.
The fight is over Black Cube’s attempts to obtain years’ worth of communications of Evolution with gambling regulators in different jurisdictions. The firm is pursuing the material as part of the legal battle following a 2021 report that claimed Evolution’s games were available in markets where they should not be offered.
Later, the report was linked to Playtech, an industry rival of Evolution, which was named as the commissioning party of Black Cube’s work. Evolution has disputed the report’s findings and has taken legal action over what it considers to be damaging and misleading allegations.
Black Cube has pointed to Evolution’s settlement with the UK Gambling Commission as further evidence to back its position. Evolution agreed in July to pay GBP4.75 million ($6.5 million) to settle a UKGC review that its content was available on six websites run by unlicensed firms.
Black Cube Wins Confidentiality Fight Over Spectrum Report
Black Cube has argued that the regulatory outcome supports some aspects of its earlier report. However, Evolution has contested that the UKGC review covered activity between April 2024 and January 2025. That period was years after the 2021 Black Cube report.
Evolution argues that the more recent regulatory findings cannot automatically validate allegations about events covered by the earlier investigation. The company also says the latest discovery request is way too broad and could cause more delays in a case that is approaching a scheduled hearing in November under New Jersey’s public-expression protection law.
Kugler’s ruling of August 20 led to a number of additional developments. He ordered depositions of three defense experts: Nelson Rose, Joshua Skule and Ricardo Solano. Each session will be limited to four hours, and witnesses may appear remotely if requested.
The judge refused Evolution’s attempts to get audio and video recordings and refused to override legal privilege over communications involving Black Cube and its attorneys.
At the same time, Kugler granted Black Cube’s motion to remove confidentiality protections from the Spectrum report, a document that has played a role in prior discovery disputes.
The next big step is September 1, when the court is expected to hear arguments remotely on Black Cube’s request for broader discovery. Evolution is to oppose the motion.
The proceedings will decide how much more material will be added to the record prior to the UPEPA hearing in November.