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CFTC Predicting Litigation Success over Multiple State
FEATURED
June 8, 2026
CFTC Predicting Litigation Success over Multiple State
By: John Mikuta
Through recent litigation actions, the Commodity Futures Trading Commission (“CFTC”) continues to stake out an aggressive position in the fight over who has the authority to regulate prediction markets. On May 18, 2026, Minnesota Gov. Tim Walz signed into law SF 4760, an omnibus public safety bill that made it a felony to operate or assist in operating a prediction market.[1] The next day, the CFTC filed a lawsuit against the State of Minnesota, seeking a preliminary injunction to prevent the law from taking effect on August 1, 2026.[2] Kalshi, the world’s largest prediction market,[3] also filed a lawsuit of its own.[4] The new Minnesota law broadly defines a “prediction market” as “a system that allows consumers to place a…
Michelle Cohen on iGaming Marketing: Five Critical Steps When Regulators Call
May 26, 2026
Michelle Cohen on iGaming Marketing: Five Critical Steps When Regulators Call
By: Ifrah Law
Michelle Cohen guides and defends Ifrah Law’s iGaming clients when government agencies launch enforcement actions alleging unlawful gambling, advertising, and marketing practices. Michelle has decades of experience advising and defending organizations facing these and other claims related to consumer protections and privacy. When faced with cease-and-desist orders and costly litigations, Michelle’s clients count on her credibility, diligence, and deep knowledge of iGaming advertising and consumer…
Conviction by Clickwrap?
May 20, 2026
Conviction by Clickwrap?
By: Robert Ward
“Terms and conditions” are ubiquitous. They appear on baseball tickets,[1] in air conditioning repair agreements,[2] and, of course, on essentially every website we visit on a daily basis. By now, as the Seventh Circuit has put it, reasonable consumers “understand there will be terms and conditions associated with using a website.”[3] When disputes about terms and conditions are at issue in court, they often arise…
Ad-Tech Europe: The Moving Target Marking Targeted Advertising
April 26, 2024
Ad-Tech Europe: The Moving Target Marking Targeted Advertising
By: Nicole Kardell
The European Data Protection Board (“EDPB”) recently published an opinion on the legality of pay-or-consent models for online platforms offering services in Europe. While the opinion is non-binding and limited to “large online platforms[1],” companies that offer platforms large and small in Europe should pay attention to the EDPB’s analysis—it will inform their future guidance for entities large and small. The upshot: Pay-or-consent models [for…
CFPB Banking in Video Games and Virtual Worlds
April 25, 2024
CFPB Banking in Video Games and Virtual Worlds
By: Jordan Briggs
Converting your dollar to donuts,[1] or whatever in-game currency you choose, has never been easier. As microtransactions online become easier to execute and more prevalent, the in-game economies start to resemble traditional banking—minus the standard banking protections. This issue is not lost on the Consumer Financial Protection Bureau (CFPB). Earlier this month, the CFPB released an Issue Spotlight on “Banking in video games and virtual…
Ohtani-Mizuhara Scandal: A Case for Regulated Sports Betting, Not Against It
April 11, 2024
Ohtani-Mizuhara Scandal: A Case for Regulated Sports Betting, Not Against It
By: Jake Gray
Shohei Ohtani finds himself at the center of a sports betting scandal and regulated sports betting naysayers have taken the opportunity to toot their own horns. The opening line of this LA Times article, by Pulitzer Prize-winning journalist Michael Hiltzik, states: “Question for Major League Baseball: How do you like your sports betting partnerships now?” His implication is that the MLB’s embrace of sports betting…
Pennsylvania’s Aggressive and Conflicting Approach to Skill Gaming and Versus the House Fantasy Sports Operators
April 5, 2024
Pennsylvania’s Aggressive and Conflicting Approach to Skill Gaming and Versus the House Fantasy Sports Operators
By: Steven Eichorn
The early part of 2024 has proven to be unexpectedly eventful in Pennsylvania in regards to sports betting, fantasy contests, and skill games. There is always an interesting dynamic- and sometimes tension- in regards to the different regulatory regimes and which one applies to a specific platform. For example, who takes ownership over a game that offers NFL themed lottery tickets? What regulation applies to…
Say it Ain’t So, Oh!
April 3, 2024
Say it Ain’t So, Oh!
By: James Trusty
The Shohei Ohtani betting scandal has receded from view for the moment, but its brief surfacing last week provided fundamental guidance on how not to manage a crisis faced by a professional athlete, while also giving rise to some serious issues for Major League Baseball (“MLB”) to address in the near future. Lawyers and publicists in the niche world of crisis management unofficially swear a…
