The Longshot Odds Facing a DraftKings Class Action for Alleged Misuse of A.I.

The Longshot Odds Facing a DraftKings Class Action for Alleged Misuse of A.I.

November 9, 2026

The Longshot Odds Facing a DraftKings Class Action for Alleged Misuse of A.I.

By: Ryan Fan

On September 19, 2026, the New York Times released an article titled “How DraftKings Uses A.I. to Target the Gamblers Likeliest to Lose”, which documents whistleblower allegations that DraftKings (1) used artificial intelligence (A.I.) to target gamblers more likely to lose with promotions and (2) shelved responsible gaming projects that would identify and offer help to problem gamblers. [1]  The article generated negative publicity within the gambling industry, as it alleges that DraftKings, unlike many of its competitors such as Fanatics, FanDuel, and PrizePicks, does not use predictive technology for problem gambling.[2] As a consequence of this article, gambling operators’ use of A.I. has come under greater scrutiny. The Massachusetts Gaming Commission stated it would investigate gambling operators’ use of…

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Rules Matter Even for the Pat McAfee’s of the World

November 4, 2026

Rules Matter Even for the Pat McAfee’s of the World

By: Sara Dalsheim

  Former NFL punter and now ESPN analyst/commentator Pat McAfee is constantly garnering attention for his flashy takes and fun interviews. Most recently, he has also gained the attention of college football fans and students via his weekly “Kicking Is Easy” contest segment on ESPN’s wildly popular “College Gameday” – where McAfee gives away $1 million, and sometimes even more, to one college student who…

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Prediction Markets at a Crossroads: Licensing, Compliance, and Future(s)

October 20, 2026

Prediction Markets at a Crossroads: Licensing, Compliance, and Future(s)

By: Kyra Pulliam

Last week I had the honor of attending the inaugural PREDICT Conference hosted by DealFlow Events in New York City. This event should not be confused with the NEXTPredict Summit, taking place October 22-23, or Predict 2026, scheduled for December 7-9, both of which will also be held in New York. If the growing number of prediction market conferences borders on excessive, it is easy…

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Sweepstakes Issues Draw Focus at Next.io Summit

March 27, 2025

Sweepstakes Issues Draw Focus at Next.io Summit

By: Jordan Briggs

Social casinos were one of the many hot topics at the Next.io summit in New York March 12-13, so much so that they got their own well-attended summit on March 11. Generally, there are three types of online social casinos: social casinos with no option to purchase any plays; social casinos with the option to purchase plays and the only thing a user can win…

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YouTube Fills Federal Policing Void on Gambling

March 17, 2025

YouTube Fills Federal Policing Void on Gambling

By: Sara Dalsheim

The ultimate inhibitor of the regulated gambling industry is the illegal ever-present offshore market. The regulated industry has been consistently asking for assistance from law enforcement to assist them in stamping out the illegal market – that, unlike the regulated industry, is not required to abide by any of the mechanisms that protect consumers. The federal government has failed to answer the call, so the…

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Seismic Shift on Lottery Courier Services in Texas

February 25, 2025

Seismic Shift on Lottery Courier Services in Texas

By: Ifrah Law

On Monday, February 24, the Texas Lottery Commission’s Executive Director, Ryan Mindell, announced that the Commission was exercising its discretionary authority under the State Lottery Act to keep the Texas Lottery honest, secure, and fair “by prohibiting lottery ticket courier services,” effective immediately. The Commission plans to give effect to the prohibition through administrative adjudication and notice-and-comment rulemaking. Mindell conveyed the news in a Policy…

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The Gambling Industry’s Regulatory Lessons for Cryptocurrency

February 24, 2025

The Gambling Industry’s Regulatory Lessons for Cryptocurrency

By: Sara Dalsheim

While most of American population has mixed feelings on the results of the 2024 election; the cryptocurrency (“crypto”) industry does not. Crypto companies made up one-third of all direct corporate contributions to political action committees, and it resulted in 85% of all winning congressional candidates being supporters of the crypto industry. So, what does the win mean? Likely, a clear regulatory authority and rules over…

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Crypto’s Gamble Pays Off: SEC Enforcement Stalls Under Trump Administration

February 21, 2025

Crypto’s Gamble Pays Off: SEC Enforcement Stalls Under Trump Administration

By: Jake Gray

The cryptocurrency industry’s political bet on Trump appears to be paying early dividends in his administration’s first month. The Securities Exchange Commission’s (“SEC”) rapid pivot–reorganizing its enforcement units and pausing major crypto litigation–signals a dramatic shift in the agency’s approach to digital asset regulation. In the past, we have analyzed several enforcement actions by the SEC against cryptocurrency companies that issued their own tokens. Our…

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Articles and Presentations by Our Firm Attorneys

The Longshot Odds Facing a DraftKings Class Action for Alleged Misuse of A.I.

The Longshot Odds Facing a DraftKings Class Action for Alleged Misuse of A.I.
By: Ryan Fan

Rules Matter Even for the Pat McAfee’s of the World

Rules Matter Even for the Pat McAfee’s of the World
By: Sara Dalsheim

Prediction Markets at a Crossroads: Licensing, Compliance, and Future(s)

Prediction Markets at a Crossroads: Licensing, Compliance, and Future(s)
By: Kyra Pulliam

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