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In court Friday, DOJ attorney Amber Dutton-Bynum argued that Scotts Valley could not meet the high threshold for irreparable harm required to secure an injunction. She maintained that the tribe knowingly chose to invest in the Preview Casino while its gaming status remained uncertain, as reported by Law360. Dutton-Bynum added that the modular buildings could easily be repurposed for non-gaming commercial uses if the prohibition stands.

Patrick Bergin, an attorney for Scotts Valley, rejected that argument, noting the difficulty of converting a site explicitly planned and built for gaming into something like an auto dealership.

Bergin also emphasized that the tribe had formally notified Interior twice about its launch timeline for the Preview Casino, providing regular progress updates without ever receiving a directive from federal officials to halt the project.

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The case dates back to 2020 when Playtech allegedly engaged Black Cube to conduct an investigation into Evolution’s activities in prohibited and unlicensed markets. 

The investigation, which included secretly recorded interviews and conversations with Evolution staff members and other whistleblowers, was followed up with a damning report accusing the supplier of knowingly providing its services in sanctioned jurisdictions.

In April, court documents showed that Evolution had sought to add Playtech to the case.

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That raises a question about how future developers will enter the industry. If Cubeia no longer needs front-end traditional junior Java developers in the same way, the traditional path from junior programmer to senior engineer becomes less clear.

“How do we avoid ending up with lots of old Java developers and nobody who understands Java because the juniors were never hired? That’s a super-interesting question. How do we fill up with younger people over time? That’s something we’ve been discussing.”

Cubeia is also moving away from the traditional process in which a developer builds something and then hands it to QA.