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The Longshot Odds Facing a DraftKings Class Action for Alleged Misuse of A.I.
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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…
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…
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…
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…
A Positive Result of Legalized Sports Betting is Solution for Betting Corruption and Match Fixing
March 26, 2024
A Positive Result of Legalized Sports Betting is Solution for Betting Corruption and Match Fixing
By: Sara Dalsheim
This month, Sportradar released its “Betting Corruption and Match-Fixing Report” (the “Report”) from the company’s Integrity Services Division[1] The Report covered approximately 850,000 sporting events and matches across 70 sports. Sportradar identified a total of 1,329 suspicious matches in 2023, in 11 sports in 105 countries. This represented a marginal increase over the 1,212 suspicious matches Sportradar detected in 2022. 99.5% of sporting events displayed…
