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What Witnesses Need to Know About Congressional Investigations, Part 1
FEATURED
November 11, 2026
What Witnesses Need to Know About Congressional Investigations, Part 1
By: James Trusty
One of the consequences of the midterm blue wave is that Democrats ascending to committee chairs will bring a torrent of subpoenas and interviews, covering topics ranging from the handling of the Iranian war to presidential pardons to the regulation of AI, as well as all points in between. Election night comments like “Lawyer up,” “Subpoenas,” and “We’re going to bring accountability to those who have visited unprecedented corruption on this country,” indicate that Democratic leaders plan to call Trump administration officials and associates to testify beginning in January. Hearings are partisan by design, but witnesses should also expect detailed, well-researched questions. Congressional hearings follow looser rules than courts and are broadcast publicly, so inadequate preparation can carry serious legal…
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…
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…
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…
