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When Gamers Become Plaintiffs – Arbitration Clauses for the Win

When Gamers Become Plaintiffs – Arbitration Clauses for the Win

February 23, 2024

When Gamers Become Plaintiffs – Arbitration Clauses for the Win

By: Michelle Cohen

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 costs of litigation, expediency, confidentiality, and requiring that matters be addressed on an individual (not class) basis. Over the past several years, parties have challenged arbitration clauses and urged courts to reject mandatory arbitration and to allow the plaintiffs (including class action plaintiffs) to “have their day in court.”  Recently, in a case involving the online gaming company Fliff in California, [1] the federal district…

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Fast-Paced, Multi-Pronged Partnership Deal Lets London Financial Giant Access U.S. iGaming Market

February 15, 2024

Fast-Paced, Multi-Pronged Partnership Deal Lets London Financial Giant Access U.S. iGaming Market

By: Jeff Ifrah

A global payment processor—#11 on CNBC’s 2022 Disruptor 50 list—sought out Ifrah Law for a pathway into payment processing for regulated sports betting operators in the U.S. iGaming market. Ifrah Law mapped a licensing and compliance strategy, kindled a partnership with one of America’s biggest sports brands, and orchestrated a seamless entry into the lucrative payment processing realm for leading companies in regulated sports betting….

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Super Bowl LVIII’s Record-Breaking Number of Bettors Illustrates Benefits and Success of Legalization

February 7, 2024

Super Bowl LVIII’s Record-Breaking Number of Bettors Illustrates Benefits and Success of Legalization

By: Jake Gray

In the five or so years since the Supreme Court overturned the Professional and Amateur Sports Protection Act (PASPA) in Murphy v. NCAA, which gave way for state legislatures to legalize sports betting, more than 35 states have done so. Each successive year seems to be a record breaker for the sports betting industry as states continue to legalize and regulate the industry, offering a…

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Maryland Report Supports iGaming Expansion – Should More States Start to Consider Legalization?

November 17, 2023

Maryland Report Supports iGaming Expansion – Should More States Start to Consider Legalization?

By: Sara Dalsheim

In its effort to legalize online slot machines, table games, and poker (“iGaming”), the Maryland Lottery and Gaming Control Agency (“MLGCA”) hired the Innovation Group to create a wide-ranging report that would analyze the projected Maryland market, provide legislative and rule recommendations, and summarize both best practices and pitfalls to avoid in launching iGaming in Maryland (“Report”). The Report, released on November 15, 2023, reviewed…

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DraftKings Should Prevail in NFT-Securities Litigation

October 13, 2023

DraftKings Should Prevail in NFT-Securities Litigation

By: Jake Gray

In February 2022, we wrote about the extent to which NFTs could raise novel securities laws questions, invoking the case of Friel v. Dapper Labs and utility-based NFT offerings conjoined to ownership-based privileges associated with securities. A year later, in February 2023, a judge from the U.S. District Court for the Southern District of New York denied Dapper Labs’s motion to dismiss, holding that the…

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Surging Sportsbook Signups Illustrate Need for Ubiquitous Legal Gaming Markets

September 29, 2023

Surging Sportsbook Signups Illustrate Need for Ubiquitous Legal Gaming Markets

By: Sara Dalsheim

The kickoff of the NFL 2023-2024 season has held many surprises: drastically favored teams lost to their underdog opponents; surprise rookies broke out like Bijan Robinson and Puka Nacua; sports media outlets aggressively reported on the Taylor Swift-Travis Kelce courtship; and much more. What has not been surprising, however, is the surge of signups on legal sports betting websites. Indeed, the influx of new users…

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A Cautionary Tale Courtesy of Fortnite

September 21, 2023

A Cautionary Tale Courtesy of Fortnite

By: Steven Eichorn

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 employing good practices such as clear and conspicuous disclosures of…

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Navigating the High-Stakes World of Online Gaming Advertising: Policies, Permissions, and Enforcement

August 28, 2023

Navigating the High-Stakes World of Online Gaming Advertising: Policies, Permissions, and Enforcement

By: Sara Dalsheim

A top concern of online gaming regulators is the control and dissemination of advertising. In connection with these concerns sites like Meta, X (formerly known and commonly referred to as Twitter), and Google have released online gambling advertising policies and requirements. To run online gambling and gaming advertising on Meta / Facebook users are required to obtain written permission to promote online gambling and gaming.[1]…

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Articles and Presentations by Our Firm Attorneys

When Gamers Become Plaintiffs – Arbitration Clauses for the Win

When Gamers Become Plaintiffs – Arbitration Clauses for the Win
By: Michelle Cohen

Fast-Paced, Multi-Pronged Partnership Deal Lets London Financial Giant Access U.S. iGaming Market

Fast-Paced, Multi-Pronged Partnership Deal Lets London Financial Giant Access U.S. iGaming Market
By: Jeff Ifrah

Super Bowl LVIII’s Record-Breaking Number of Bettors Illustrates Benefits and Success of Legalization

Super Bowl LVIII’s Record-Breaking Number of Bettors Illustrates Benefits and Success of Legalization
By: Jake Gray

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