Insights < BACK TO ALL INSIGHTS
Cases + Rulings Posts
Lessons from the Restructuring of an Online Sports Betting Company
Jun 12, 2026
Lessons from the Restructuring of an Online Sports Betting Company
The U.S. has seen numerous casino bankruptcies, including, most recently, Maverick Gaming in July 2025. What it has not seen, until now, is the bankruptcy of an online sportsbook. Previously, when companies exited a state, they cut deals with as many creditors as possible and just left the state (or the United States). Examples of…
CFTC Predicting Litigation Success over Multiple State
Jun 8, 2026
CFTC Predicting Litigation Success over Multiple State
Through recent litigation actions, the Commodity Futures Trading Commission (“CFTC”) continues to stake out an aggressive position in the fight over who has the authority to regulate prediction markets. On May 18, 2026, Minnesota Gov. Tim Walz signed into law SF 4760, an omnibus public safety bill that made it a felony to operate or…
Conviction by Clickwrap?
May 20, 2026
Conviction by Clickwrap?
“Terms and conditions” are ubiquitous. They appear on baseball tickets,[1] in air conditioning repair agreements,[2] and, of course, on essentially every website we visit on a daily basis. By now, as the Seventh Circuit has put it, reasonable consumers “understand there will be terms and conditions associated with using a website.”[3] When disputes about terms…
After Ciminelli: Are the Feds Betting Too Big on Wire Fraud?
Apr 23, 2026
After Ciminelli: Are the Feds Betting Too Big on Wire Fraud?
Can a technical violation of a website’s terms and conditions constitute a violation of the federal wire fraud statute? A federal court will soon decide just how broadly the statute may sweep, and whether all such forms of potentially dishonest conduct are subject to such stringent criminalization. On Monday, all eyes will be on the…
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…
Jim Trusty on Smart Legal Moves for Clients Under Pressure
Mar 18, 2026
Jim Trusty on Smart Legal Moves for Clients Under Pressure
A veteran federal prosecutor and formidable white-collar litigator, Jim Trusty clears a lane for clients facing a gauntlet of criminal charges, civil actions, investigations, and regulatory proceedings. From professional athletes facing sports wagering accusations or indictments, to gaming companies and executives involved in regulatory or white-collar matters, clients rely on Jim’s legal strategy, political savvy,…
Gambling on Skill: Enforcement of Gambling Laws Against Skill Games in Outlier States
Mar 10, 2026
Gambling on Skill: Enforcement of Gambling Laws Against Skill Games in Outlier States
In many states, people can legally pay entry fees to participate in a skill game and win cash prizes. For most states that allow participants to wager on their own skilled gameplay, the analysis for whether a certain game qualifies as a legal skill game turns on whether the game is one of chance or…
CFTC Plants the Flag on Regulating Prediction Markets
Mar 4, 2026
CFTC Plants the Flag on Regulating Prediction Markets
On February 25, 2026, the Commodity Futures Trading Commission (“CFTC”), the governmental body primarily responsible for overseeing prediction markets, took a significant step toward consolidating its authority to oversee trading activities on prediction-market platforms.[1] The CFTC’s Division of Enforcement issued a “Prediction Markets Advisory” describing two enforcement actions brought by Kalshi, the world’s largest prediction…
Prediction Markets Raising Predictable Questions of Regulation, Public Policy
Jan 27, 2026
Prediction Markets Raising Predictable Questions of Regulation, Public Policy
On January 3, 2026, the United States carried out a shocking military strike against Venezuela, resulting in the capture of Venezuelan President Nicolas Maduro.[i] Maduro was taken from his home in Caracas and flown to New York, where he faces narco-terrorism conspiracy, cocaine importation conspiracy, and weapons possession conspiracy charges.[ii] While the strike surprised most…
Following in Florida’s Footsteps: Hub-and-Spoke Sports Betting Could Be Coming to Wisconsin.
Oct 28, 2025
Following in Florida’s Footsteps: Hub-and-Spoke Sports Betting Could Be Coming to Wisconsin.
Statewide online sports betting may soon be coming to Wisconsin. Last week, a bipartisan group of Wisconsin legislators introduced a bill, LRB-4723/1, which would legalize online sports betting in the state.[1] If the bill is enacted into law, Wisconsin would become the 32nd state to allow online sports betting statewide. Wisconsin has not yet enacted…
