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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…
Pennsylvania Finally Drops Under 5% Shareholder Licensee Registration Requirement
April 25, 2022
Pennsylvania Finally Drops Under 5% Shareholder Licensee Registration Requirement
By: Steven Eichorn
The Pennsylvania Gaming Control Board (Board) issued a letter to enact a policy change to raise the ownership interest threshold from one percent to five percent for ownership interests held in privately-owned entities. This immediately impacts the licensing requirements of “principal” applications in Pennsylvania and is effective for both existing licensees (or pending applications) and to future applicants. Who Does This Apply To? Further, it…
State Securities Regulators Intervene In Virtual Casino NFT Sales
April 18, 2022
State Securities Regulators Intervene In Virtual Casino NFT Sales
By: Jake Gray
State regulators in three states took the first steps in regulating non-fungible tokens (“NFTs”) as securities, issuing cease-and-desist orders against the online casino developer Sand Vegas Casino Club (“Sand Vegas”) and its co-founders for allegedly offering unregistered securities and violating various other securities-related regulations. As we have written, NFTs use smart contracts to offer holders novel functionality, like granting them access to certain services, events,…
ADA Accessibility Guidance for the iGaming Industry
April 5, 2022
ADA Accessibility Guidance for the iGaming Industry
By: Jake Gray
The broader gambling industry is transitioning into an increasingly online and mobile-based industry. Proliferation and popularity of online and mobile sports betting have evinced a burgeoning consumer demand for web-based gaming options. As the internet gaming (“iGaming”) market expands, gaming companies need to follow the Department of Justice’s (“DOJ”) new Guidance on web accessibility under the Americans with Disabilities Act (“ADA”) to ensure customers’ adequate…
Fantasy Sports Passes the Test: New York High Court Rules Fantasy Sports Are Legal
March 22, 2022
Fantasy Sports Passes the Test: New York High Court Rules Fantasy Sports Are Legal
By: Steven Eichorn
In the lull of a midweek break from March Madness, New York’s highest court made noise Tuesday when it finally handed down its fantasy sports ruling, confirming that fantasy sports contests are legal in the state. Fantasy sports players might not have even noticed it was a question: Tens of millions of people play fantasy sports in the United States and Canada alone, and the…
Advertising and Marketing in Ontario’s New Online Gambling Market
March 16, 2022
Advertising and Marketing in Ontario’s New Online Gambling Market
By: Sara Dalsheim
On April 4th, 2022, Ontario’s new internet gambling (igaming and sports betting) market will launch. To support operators in their advertising efforts prior to the launch, the Alcohol and Gaming Commission of Ontario (AGCO) published highlights from the Registrar’s Standards for Internet Gaming. These standards also address what affiliates and third parties must do to operate in the Ontario market, and reveal a standard more…
