Evolution has urged a New Jersey court to reject a new discovery request from Black Cube in the companies’ long-running defamation dispute.
In an 18 August letter, Evolution’s lawyers asked Judge John Porto to deny a request seeking years of communications between the operator and regulators worldwide. The request was filed under New Jersey’s public-expression protection law.
Evolution lawyer Michael Williams of Kirkland & Ellis said: “This snowballing request serves no proper end, identifies no inconsistency, and would imperil the November 2026 UPEPA hearing date, already a year removed from the close of UPEPA briefing.”
The dispute dates to 2021, when a Black Cube report, later revealed to have been funded by Playtech, accused Evolution of operating in prohibited markets. Regulators in New Jersey and Pennsylvania investigated the allegations but took no enforcement action.
UK Gambling Commission settlement becomes latest point of dispute
Black Cube has pointed to Evolution’s £4.75m settlement with the UK Gambling Commission as support for findings in its original report.
The settlement followed a licence review involving Evolution games found on six websites operated by unlicensed companies. “The UKGC’s recent public statements confirm multiple of Black Cube’s key findings,” Black Cube claimed. Evolution rejects that interpretation.
Williams argued that the UKGC findings concerned conduct between April 2024 and January 2025, several years after the period examined by Black Cube. The defence has also cited Evolution’s abandoned acquisition of Galaxy Gaming as further evidence supporting its earlier claims.
Special adjudicator orders depositions and opens Spectrum report
Two days after Evolution’s letter, retired federal judge Robert Kugler, acting as special adjudicator, ruled on separate discovery motions. Kugler ordered depositions of defence experts Nelson Rose, Joshua Skule and Ricardo Solano.
The sessions “shall not exceed four hours in length and counsel shall accommodate any witness request to appear virtually.” He rejected Evolution’s requests for audio and video recordings and declined to pierce privilege covering Black Cube’s legal communications.
Kugler also granted Black Cube’s request to remove confidentiality from the Spectrum report, a document central to earlier discovery disputes. Oral arguments on Black Cube’s wider discovery request are scheduled for 1 September by Zoom.
Evolution intends to oppose the request, while the UPEPA hearing remains scheduled for November.
The dispute between Evolution and Black Cube takes another turn after the former urged a New Jersey court to reject the latest discovery request. Evolution’s position depends heavily on separating later compliance findings from the period covered by Black Cube’s original report, while closing the case promptly.
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