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I Predict the FTC and Class Action Plaintiffs May Have a Problem with Prediction Market Influencers
FEATURED
June 11, 2026
I Predict the FTC and Class Action Plaintiffs May Have a Problem with Prediction Market Influencers
By: Michelle Cohen
Prediction markets are the hottest topic in gaming right now. Industry leaders Kalshi and Polymarket have provided substantial fodder for debates at the summer gaming conferences, in the gaming trade press, and in mainstream media. Most of that discussion focuses on state versus federal regulation, an issue that the U.S. Supreme Court will likely need to resolve. In the interim, as they promote their platforms across the U.S., prediction markets face the same customer acquisition challenges as any other online gaming business seeking new customers. To source new customers, Kalshi and Polymarket have invested millions in social media ads. Importantly, these companies have focused on social media influencers to promote their brands. Of course, there is nothing inherently wrong with…
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Meta’s Bay State Blues: Mass. High Court Finds Another Crack in the Section 230 Shield
April 20, 2026
Meta’s Bay State Blues: Mass. High Court Finds Another Crack in the Section 230 Shield
By: Robert Ward
Meta’s Bay State Blues: Mass. High Court Finds Another Crack in the Section 230 Shield Mere weeks after juries in California and New Mexico returned multi-million-dollar verdicts against Meta Platforms, Inc., the social media company suffered another defeat. On April 10, the Massachusetts Supreme Judicial Court (SJC) rejected the social media company’s attempt to raise Section 230 of the Communications Decency Act as a shield…
Thinking about adding an AI Chatbot? Some key considerations.
February 17, 2026
Thinking about adding an AI Chatbot? Some key considerations.
By: Steven Hess
Many companies are thinking about how to deploy new AI systems to automate routine work and to improve their product. For many businesses, adding an AI chatbot is a valuable way to enhance the customer experience by automating routine conversations,[1] and by alerting customers to new deals and offerings that are relevant to them.[2] Coupled with the rising ubiquity of AI chatbots in modern life,[3]…
Don’t Believe Me Just Watch: Choose Profits over Privacy and the FTC may Funk You Up
March 14, 2019
Don’t Believe Me Just Watch: Choose Profits over Privacy and the FTC may Funk You Up
By: Nicole Kardell
An app for children–wee ones even–to publicize videos of themselves jamming to their favorite tunes. An app that, by default, allows its users to communicate directly with any other users, including wee ones. An app that provides its users a list of other users within a 50-mile radius who they can follow or contact directly (feature removed in 2016). What could pervert-ibly go wrong? It…
UPDATE – NOT SO FAST INDEED: DISTRICT COURT BALKS AT SEC’S BLANKET CHARACTERIZATION OF TOKENS AS SECURITIES BUT THEN RECONSIDERS RULING
February 15, 2019
UPDATE – NOT SO FAST INDEED: DISTRICT COURT BALKS AT SEC’S BLANKET CHARACTERIZATION OF TOKENS AS SECURITIES BUT THEN RECONSIDERS RULING
By: George Calhoun
An issue of major importance to cryptocurrency and digital token markets has been whether tokens were all to be considered securities under U.S. law. The SEC’s frequent admonishments that it would consider ICOs to be securities offerings has caused a dramatic slowdown in the US ICO market. In one of the first cases to test the SEC’s broad definition, the United States District Court for…
Passage of the 2018 Farm Bill: America’s Amber Waves of Grain Turn Green. What Does It Mean For CBD Oil Products and Advertising?
December 21, 2018
Passage of the 2018 Farm Bill: America’s Amber Waves of Grain Turn Green. What Does It Mean For CBD Oil Products and Advertising?
By: Nicole Kardell
Much excitement surrounds the 2018 Farm Bill – the Agricultural Improvement Act of 2018 – which President Trump recently signed into law. The hubbub is all about hemp. The new law removes hemp from the Controlled Substances Act and opens markets across the fifty states to hemp and its many derivatives. Farmers and product manufactures are no longer hogtied by an antiquated prohibition from the…
Not So Fast: District Court Balks at SEC’s Blanket Characterization of Tokens as Securities
November 28, 2018
Not So Fast: District Court Balks at SEC’s Blanket Characterization of Tokens as Securities
By: George Calhoun
An issue of major importance to cryptocurrency and digital token markets has been whether tokens were all to be considered securities under U.S. law. The SEC’s frequent admonishments that it would consider ICOs to be securities offerings has caused a dramatic slowdown in the U.S. ICO market. In one of the first cases to test the SEC’s broad definition, the United States District Court for…
No More Bait and Switch: Subscription-Based Businesses Need to Refine Their Pitch Under California Law
July 13, 2018
No More Bait and Switch: Subscription-Based Businesses Need to Refine Their Pitch Under California Law
By: Nicole Kardell
Effective July 1, companies that offer free gift or trial periods for their products or services can no longer bill California consumers automatically at the expiration of the gift or trial period. Companies will be required to provide a “clear and conspicuous” explanation of the price that will be charged—or how the pricing will change—at the end of the trial. And companies cannot charge a…
