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Conviction by Clickwrap?

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 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…

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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…

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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…

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Next Steps Toward Legalized Online and Retail Sports Betting in Massachusetts

August 1, 2022

Next Steps Toward Legalized Online and Retail Sports Betting in Massachusetts

By: Sara Dalsheim

The road to legalized sports betting in Massachusetts has been slow and lengthy, the lawmakers have spent five sessions on the question of sports betting legalization.  Today, the Massachusetts state House and Senate reached an agreement on a bill that would legalize online and retail sports betting on professional and some collegiate contests (H 5164).  Sports betting on Massachusetts colleges and universities will only be…

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European Union Agrees On Cryptocurrency Regulation, Excludes NFTs (For Now)

July 28, 2022

European Union Agrees On Cryptocurrency Regulation, Excludes NFTs (For Now)

By: Jacob Grubman

European Union policymakers have taken the next step toward enacting a scheme for regulating cryptocurrency and other blockchain-based assets, as the Council of the European Union and the European Parliament provisionally agreed to approve new rules governing Markets in Crypto-Assets (“MiCA”).  The new rules would address a range of risks related to cryptocurrencies and related assets—with notable exceptions in decentralized finance (“DeFi”) and non-fungible tokens…

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Ifrah Law At NFT.NYC: Insights and Discussions on NFT Gaming

July 19, 2022

Ifrah Law At NFT.NYC: Insights and Discussions on NFT Gaming

By: Jake Gray

In the third year following its inaugural event in 2019, NFT.NYC held its NFT.NYC conference from June 20th to June 23rd, 2022. And Ifrah Law was in attendance, alongside more than 15,000 other attendees in addition to the conference’s 1,500 speakers.  Featuring educational programming and informational panels about various NFT-related topics across seven different venues surrounding Times Square, NFT.NYC hosted one and a half days…

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Is My Crypto Safe if My Exchange Declares Bankruptcy?

July 14, 2022

Is My Crypto Safe if My Exchange Declares Bankruptcy?

By: George Calhoun

Celsius Network LLC, one of the largest cryptocurrency lenders in the industry, filed for bankruptcy protection on Wednesday, July 13th. The filing comes just a month after the company halted customer withdrawals, swaps, and transfers “to stabilize liquidity” on account of extreme market conditions caused by a dive in cryptocurrency prices. As such, many crypto-investors find themselves concerned about the safety of their digital assets…

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Responsible Financial Innovation Act Proposal To Bolster CFTC Authority Over Crypto-Industry

July 8, 2022

Responsible Financial Innovation Act Proposal To Bolster CFTC Authority Over Crypto-Industry

By: Jake Gray

Bipartisan legislation introduced in the Senate last month would mark the federal government’s first foray into cryptocurrency regulation, and it could be a welcome development as the industry navigates a period of regulatory and commercial uncertainty. On June 7, 2022, Senators Kirsten Gillibrand (D-NY) and Cynthia Lummis (R-WY) introduced the Responsible Financial Innovation Act (“RFIA”) in the Senate, which aims to establish a comprehensive regulatory…

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Articles and Presentations by Our Firm Attorneys

Conviction by Clickwrap?

Conviction by Clickwrap?
By: Robert Ward

Cold Water on Insider Trading Fears: Prediction Markets Miss the 2026 NFL Draft

Cold Water on Insider Trading Fears: Prediction Markets Miss the 2026 NFL Draft
By: John Mikuta

After Ciminelli: Are the Feds Betting Too Big on Wire Fraud?

After Ciminelli: Are the Feds Betting Too Big on Wire Fraud?
By: Abbey Block

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