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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…
DOJ High-Wire Act
April 29, 2019
DOJ High-Wire Act
By: James Trusty
Heavyweight parties are slugging it out in a lawsuit in the Granite State, and Ifrah Law is taking a lead role in protecting the interests of America’s rapidly growing online gaming industry. The New Hampshire civil case comes on the heels of the Department of Justice (DOJ) releasing an interpretation of the federal Wire Act that threatens to bring within its scope all gambling activity,…
Update on 1/14/19 OLC Wire Act Opinion – All Eyes on New Hampshire
April 9, 2019
Update on 1/14/19 OLC Wire Act Opinion – All Eyes on New Hampshire
By: Jeff Ifrah
(This post was originally published on 1/15/2019 and updated on 4/8/2019) On Jan. 14, 2019, the Department of Justice’s Office of Legal Counsel issued an opinion reversing its 2011 position on the Wire Act and sports betting, contradicting not just itself but decisions by at least two District Courts and dicta by the U.S. Supreme Court by maintaining that the Wire Act prohibits all interstate…
How to Ensure Your Media Affiliate Follows Pennsylvania Gaming Law
March 28, 2019
How to Ensure Your Media Affiliate Follows Pennsylvania Gaming Law
By: Steven Eichorn
As discussed in an earlier blog post, New Jersey’s licensing requirements for affiliate marketers impose significantly different structures depending on the revenue model. If the affiliate marketer only plans to work with casinos in a flat fee model (e.g. CPA or other form of pre-determined compensation), then they must register as a vendor. The vendor registration process is quite straightforward, but it does limit the…
An Epic Fail: Complaint Against Fortnite Creator Based On Facts As Stale As Fruitcake
March 5, 2019
An Epic Fail: Complaint Against Fortnite Creator Based On Facts As Stale As Fruitcake
By: Nicole Kardell
Parents can get angry when their kids spend too much time or money on video games. We get it. But going after a gaming company in retaliation is probably not the best response. And doing so without actually understanding the game can result in, well, a giant waste of time, or, in a recent example, an epic fail. Last week, an angry parent filed a…
NASPL Responds to the DOJ Reversal of Opinion
February 5, 2019
NASPL Responds to the DOJ Reversal of Opinion
By: Ifrah Law
On February 4, 2019, the North American Association of State and Provincial Lotteries (“NASPL”) issued a statement responding to the Department of Justice’s January 14, 2019, opinion regarding the Wire Act of 1961. In its statement, the NASPL hints that the DOJ failed to consider the effects its latest Wire Act opinion would have on state lotteries. The NASPL is a non-profit trade association that…
