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The Longshot Odds Facing a DraftKings Class Action for Alleged Misuse of A.I.
Nov 9, 2026
The Longshot Odds Facing a DraftKings Class Action for Alleged Misuse of A.I.
On September 19, 2026, the New York Times released an article titled “How DraftKings Uses A.I. to Target the Gamblers Likeliest to Lose”, which documents whistleblower allegations that DraftKings (1) used artificial intelligence (A.I.) to target gamblers more likely to lose with promotions and (2) shelved responsible gaming projects that would identify and offer help…
Rules Matter Even for the Pat McAfee’s of the World
Nov 4, 2026
Rules Matter Even for the Pat McAfee’s of the World
Former NFL punter and now ESPN analyst/commentator Pat McAfee is constantly garnering attention for his flashy takes and fun interviews. Most recently, he has also gained the attention of college football fans and students via his weekly “Kicking Is Easy” contest segment on ESPN’s wildly popular “College Gameday” – where McAfee gives away $1…
Problem Gaming or Problem Industry Players?
Oct 14, 2026
Problem Gaming or Problem Industry Players?
Over the summer, I attended the National Council on Problem Gambling’s (“NCPG”) annual conference in Nashville. NCPG is the nation’s leading nonprofit organization dedicated to reducing the harms associated with problem gambling. NCPG is a membership-supported organization whose members include major gaming companies, professional sports leagues, nonprofit organizations, and state government regulatory agencies. In Nashville,…
Trust the Future You Trade: Lessons About Prediction Market Surveillance from the DACOM Summit
Sep 23, 2026
Trust the Future You Trade: Lessons About Prediction Market Surveillance from the DACOM Summit
Prediction markets are no longer a niche offering confined to a small corner of the internet. The rapid growth of prediction markets has launched them into the mainstream as a meaningful part of the financial ecosystem. But with that growth comes many of the same market integrity and compliance challenges that more traditional financial markets…
High Wire Act
Sep 22, 2026
High Wire Act
The federal statute known as the Wire Act (18 U.S.C. § 1084) has had a tumultuous history. For many years, the DOJ interpreted it to include restrictions on both sporting events and non-sporting contests. That changed dramatically in 2011, when the Office of Legal Counsel (“OLC”), responding to states seeking clarification before establishing state lotteries,…
In the Market for Judicial Review: Circuit Split on CFTC Preemption Makes SCOTUS a Predictable Destination
Sep 1, 2026
In the Market for Judicial Review: Circuit Split on CFTC Preemption Makes SCOTUS a Predictable Destination
The ongoing legal battle over whether the federal Commodity Futures Trading Commission (“CFTC”) or state regulators have the authority to regulate sports-related prediction markets is heating up. Last week, the U.S. Court of Appeals for the Ninth Circuit turned away a challenge by Kalshi, the largest prediction market in the United States, to the Nevada…
Advertising Prediction Markets? The CFTC Just Sent a Clear Message to Affiliates.
Aug 17, 2026
Advertising Prediction Markets? The CFTC Just Sent a Clear Message to Affiliates.
The Commodity Futures Trading Commission (CFTC) recently issued guidance directed to designated contract markets (DCMs) concerning the marketing and offering of event contracts. The guidance was addressed to DCMs because no swap execution facilities (SEFs) currently list event contracts. However, the CFTC’s analysis is equally applicable to futures commission merchants (FCMs) and introducing brokers (IBs),…
Betting on Technology: Bipartisan Proposal for Requiring Facial Recognition to Keep Minors from Wagering Online
Jul 29, 2026
Betting on Technology: Bipartisan Proposal for Requiring Facial Recognition to Keep Minors from Wagering Online
“As every parent knows, when you tell a kid not to do something, they almost always end up trying to do it,” said Congresswoman Kristen MacDonald Rivet (MI-8) about the recently introduced bipartisan “Facial Recognition to Protect Children Act” (“proposed Act”).[1] She continued, “[k]ids under the age of 18 shouldn’t be making bets, but now…
Cold Water on Insider Trading Fears: Prediction Markets Miss the 2026 NFL Draft
Apr 29, 2026
Cold Water on Insider Trading Fears: Prediction Markets Miss the 2026 NFL Draft
From April 23 to April 25, the National Football League (“NFL”) held its annual player selection draft. Over 800,000 fans gathered in Pittsburgh, Pennsylvania to watch Commissioner Roger Goodell announce the picks live, with millions more watching on TV and other digital platforms.[1] But the NFL Draft is not just a spectator event—both traditional sportsbooks…
Peering into the Future: Kids, Games, and Regulation
Apr 10, 2026
Peering into the Future: Kids, Games, and Regulation
This March, a California jury found Google and Meta (which operates Facebook, Instagram, and other websites) liable for negligently causing a child user’s depression and anxiety. Driven by a desire to protect children from perceived vices,[1] this is likely to be the first in a wave of new lawsuits and legislation aimed at regulating online…
