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I Predict the FTC and Class Action Plaintiffs May Have a Problem with Prediction Market Influencers
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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]…
Dolce Vita Ruling a Win for Cookies and Pixels Alike
November 21, 2024
Dolce Vita Ruling a Win for Cookies and Pixels Alike
By: Robert Ward
In recent years, companies in industries from media to healthcare have faced a rash of lawsuits challenging their use of common web tracking technologies such as the Meta Pixel. These cases generally allege that the use of such tracking technologies violates common law privacy protections and a wide range of state and federal privacy statutes. Late last month, in Vita v. New England Baptist Hospital,…
FTC’s Operation AI Comply Generated in Part by Fear of Scale
October 24, 2024
FTC’s Operation AI Comply Generated in Part by Fear of Scale
By: Jordan Briggs
With the increased visibility of Artificial Intelligence (“AI”) in our daily lives—in search engines, PDF readers, social media feeds—AI is starting to become commonplace and its use normalized. In its recent crackdown against five businesses advertising AI services to consumers, the FTC put its enforcement authority behind its belief that AI can “turbocharge deception” (“Operation AI Comply”). But by its very nature, as a machine…
What are cookie consents and do you really need them on your website?
October 15, 2024
What are cookie consents and do you really need them on your website?
By: Nicole Kardell
Most of us are accustomed to receiving pop-up notices regarding cookies when we first visit a website. Some people quickly click the “accept” button and move on. Others review their choices, and opt out of some, if not all, optional cookies. Why suddenly, have we been offered such choices online, even in the U.S.? Those in Europe and the U.K. have been accepting and rejecting…
FTC Adds COPPA Violations to the Growing List of Privacy Concerns While TikTok is on the Clock
August 13, 2024
FTC Adds COPPA Violations to the Growing List of Privacy Concerns While TikTok is on the Clock
By: Jordan Briggs
For years now, TikTok has seemed to be the center of attention. From viral baking content to true crime to dancing videos to family-influencer content, everyone seems to be on it or talking about it. And the FTC has said that’s part of the problem. On August 2, the Department of Justice (“DOJ”) brought a suit on behalf of the Federal Trade Commission (the “FTC”) against…
Chevron Overruling Sparks Regulatory Uncertainty Across Industries
July 10, 2024
Chevron Overruling Sparks Regulatory Uncertainty Across Industries
By: Jake Gray
A landmark decision by the Supreme Court overruled 40-year precedent that provided the bedrock for modern federal agency rulemaking and administration. In Loper Bright Enterprises v. Raimondo (2024), alongside its companion case Relentless, Inc. v. Department of Commerce, the Supreme Court overruled Chevron U.S.A. Inc. v. Natural Resources Defense Council, Inc. (1984), holding that deference to an agency’s interpretation of the statute is inconsistent with…
