Cases + Rulings Posts

Our Big Three Predictions for the Online Gaming Industry in 2025

Jan 6, 2025

Our Big Three Predictions for the Online Gaming Industry in 2025

In 2025, we will celebrate the seventh anniversary of the repeal of PASPA and the resulting increase in legalization and popularity of various offerings in the gaming industry – namely sports wagering and online casino gaming. We predict 2025 will bring the following to the industry: (1) further actions from state authorities to fight back…

“The Devil Made Me Bet It” – the Third Circuit Considers Arguments in Bettor’s Case Against Casino

Dec 16, 2024

“The Devil Made Me Bet It” – the Third Circuit Considers Arguments in Bettor’s Case Against Casino

Can a casino be held liable for encouraging its patrons to gamble, particularly when those patrons exhibit signs of problem gambling? That is the question the Third Circuit Court of Appeals was left to contemplate following oral arguments in the case of Antar v. The Borgata Hotel Casino and Spa, LLC et al., which took…

A Modest Proposal to Reduce AI Liability: Add Warnings

Nov 4, 2024

A Modest Proposal to Reduce AI Liability: Add Warnings

CONTENT WARNING:  This blog includes discussion of suicide.[1] Imaginary friends are a common staple of childhood. Indeed, many children invoke the companionship of imaginary friends – relying on their creativity and imagination for entertainment and friendship. However, nowadays, young people no longer need to rely solely on their own creativity to conjure up a fictional…

CFTC “Special Rule” Interpretation Led to an October Surprise

Oct 23, 2024

CFTC “Special Rule” Interpretation Led to an October Surprise

On October 2, 2024, the Court of Appeals for the District of Columbia Circuit issued a decision that permitted KalshiEx LLC (“Kalshi”) to legally offer election contracts, which allow buyers to put down money based on their predictions as to party control of Congress and presidential election results.[1]  This decision, and the district court decision…

When Sports Bettors Win, So Does the IRS

Oct 7, 2024

When Sports Bettors Win, So Does the IRS

Sports betting and adjacent industries have exploded in the United States.  One area that continues to cause confusion is the taxation of these businesses – both for the companies and the individual players. For individual bettors, the IRS has clear rules on gambling income that predate the recent explosion of the sports betting industry. In…

When Gamers Become Plaintiffs – Arbitration Clauses for the Win

Feb 23, 2024

When Gamers Become Plaintiffs – Arbitration Clauses for the Win

Online businesses, including gaming companies, frequently include arbitration clauses in their “terms and conditions” or other policies when consumers register for their services. These clauses notify users that disputes will be subject to private arbitration by an appointed neutral arbitrator, usually the American Arbitration Association or JAMS.  Businesses favor arbitration for several reasons, including reduced…

iGaming Company Takes on State Licensing Commission’s Rejection – Achieves Rare Victory

Nov 20, 2023

iGaming Company Takes on State Licensing Commission’s Rejection – Achieves Rare Victory

Ifrah Law’s litigation experience and broad knowledge of gaming licensing laws and procedures rescued a client from an unfair application denial, which would have frozen the company out of a major state’s market and tarnished the CEO’s reputation among licensing boards in other states. A successful iGaming company had nearly completed the rigorous registration process…

A Cautionary Tale Courtesy of Fortnite

Sep 21, 2023

A Cautionary Tale Courtesy of Fortnite

A fast-growing segment of online gaming is the in-game purchase on (sometimes free) games/apps in exchange for virtual items. The virtual items can be mere cosmetic game enhancements, features that increase a player’s likelihood of success, and many other options. Because these virtual items are purchased with real world funds, companies must be vigilant in…

Terraform Labs Ruling Reels Back Ripple Enthusiasm

Aug 4, 2023

Terraform Labs Ruling Reels Back Ripple Enthusiasm

The recent ruling in SEC v. Ripple Labs had the cryptocurrency industry standing tall.  As we discussed recently, however, the Ripple ruling was less favorable – or at least less comprehensive – than it was being portrayed. Another ruling from the Southern District of New York – SEC v. Terraform Labs Pte.Ltd. and Do Hyeong…

Ripple Decision Shakes Up US Crypto

Jul 14, 2023

Ripple Decision Shakes Up US Crypto

In an apparent boon to the cryptocurrency and broader blockchain industries, a judge in the US District Court for Southern New York ruled on Thursday that Ripple Labs Inc. did not violate federal securities laws in the offering and sale of the XRP token on public exchanges, meaning that the token could be relisted on…