Insights < BACK TO ALL INSIGHTS
The Longshot Odds Facing a DraftKings Class Action for Alleged Misuse of A.I.
FEATURED
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…
Legalized Online and Retail Sports Betting on its Way to Maine
April 26, 2022
Legalized Online and Retail Sports Betting on its Way to Maine
By: Sara Dalsheim
This week, Maine’s state House and Senate both approved a bill that would legalize online and retail sports betting. The legislation provides the state’s four federally recognized Indian tribes with a monopoly on mobile sports betting rights. The state’s two casinos, the Oxford Casino and the Hollywood Casino and Raceway in Bangor have the ability, under the legislation, to offer an in-person sportsbook. The bill…
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…
