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Conviction by Clickwrap?
FEATURED
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 in the context of a consumer claim. A customer sues a website operator for, say, violating state privacy law. The operator responds by pointing out that the customer agreed to resolve disputes in arbitration, not in court. The customer opposes, arguing, for example, that they never agreed to arbitrate because the sign-up screen was too…
Cold Water on Insider Trading Fears: Prediction Markets Miss the 2026 NFL Draft
April 29, 2026
Cold Water on Insider Trading Fears: Prediction Markets Miss the 2026 NFL Draft
By: John Mikuta
From April 23 to April 25, the National Football League (“NFL”) held its annual player selection draft. Over 800,000 fans gathered in Pittsburgh, Pennsylvania to watch Commissioner Roger Goodell announce the picks live, with millions more watching on TV and other digital platforms.[1] But the NFL Draft is not just a spectator event—both traditional sportsbooks and prediction-market platforms allowed customers to risk money predicting which…
After Ciminelli: Are the Feds Betting Too Big on Wire Fraud?
April 23, 2026
After Ciminelli: Are the Feds Betting Too Big on Wire Fraud?
By: Abbey Block
Can a technical violation of a website’s terms and conditions constitute a violation of the federal wire fraud statute? A federal court will soon decide just how broadly the statute may sweep, and whether all such forms of potentially dishonest conduct are subject to such stringent criminalization. On Monday, all eyes will be on the District Court for the Eastern District of New York when…
Come on Barbie, Let’s go Gamble: Is gambling advertising allowed in a Barbie world?
August 7, 2023
Come on Barbie, Let’s go Gamble: Is gambling advertising allowed in a Barbie world?
By: Abbey Block
By now, you’ve probably heard that the film Barbie has been a smash hit. Since opening on July 21, 2023, the film has drawn in huge audiences and earned hundreds of millions of dollars. Much of the film’s success has been attributed to a diligent and far-reaching marketing campaign. The film has partnered with several widely known brands such as Target, Airbnb, Burger King, and…
Terraform Labs Ruling Reels Back Ripple Enthusiasm
August 4, 2023
Terraform Labs Ruling Reels Back Ripple Enthusiasm
By: George Calhoun
The recent ruling in SEC v. Ripple Labs had the cryptocurrency industry standing tall. As we discussed recently, however, the Ripple ruling was less favorable – or at least less comprehensive – than it was being portrayed. Another ruling from the Southern District of New York – SEC v. Terraform Labs Pte.Ltd. and Do Hyeong Kwon – has further tapped the breaks on a major…
The Upside to the College Betting Scandals
July 21, 2023
The Upside to the College Betting Scandals
By: Steven Eichorn
In May 2023, several high-profile sports betting scandals involving collegiate athletic personnel, including both coaches and players, came to light, spawning discussions about the relationship between sports integrity and sports betting. Two months after those reports, NCAA President Charlie Baker indicated that the NCAA has found 175 infractions of its sports-betting and gambling policy since 2018, with an additional 17 ongoing investigations. On its surface,…
Ripple Decision Shakes Up US Crypto
July 14, 2023
Ripple Decision Shakes Up US Crypto
By: George Calhoun
In an apparent boon to the cryptocurrency and broader blockchain industries, a judge in the US District Court for Southern New York ruled on Thursday that Ripple Labs Inc. did not violate federal securities laws in the offering and sale of the XRP token on public exchanges, meaning that the token could be relisted on public U.S. exchanges. Indeed, Coinbase, the United States’ largest cryptocurrency…
Thinking of Starting Your Own DFS Company?
July 3, 2023
Thinking of Starting Your Own DFS Company?
By: Sara Dalsheim
The expansion of daily fantasy sports (“DFS”) is on the rise in the United States. As the country prepares for the 2023-24 NFL season, it is around this time we see new products come to the market. Unlike sports betting, launching a DFS product has less regulatory barriers. Although, there are a few key states with regulatory compliance requirements that new contest operators should keep…
