The Longshot Odds Facing a DraftKings Class Action for Alleged Misuse of A.I.

The Longshot Odds Facing a DraftKings Class Action for Alleged Misuse of A.I.

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…

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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…

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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…

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Coming to a Theater (Device) Near You: Legalized Sports Betting and Enhanced Player Data Team Up to Save Professional Sports

May 10, 2019

Coming to a Theater (Device) Near You: Legalized Sports Betting and Enhanced Player Data Team Up to Save Professional Sports

By: Nicole Kardell

Professional sports as an industry has a money problem. Game attendance across sports has been on the decline in recent years. Viewership has been on a downward trajectory as has traditional advertising. But two superheroes have appeared on the horizon to help turn things around. And if they team up, Avengers-style, they could benefit all stakeholders in the sports industry: from leagues to teams to…

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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,…

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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…

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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…

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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…

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Articles and Presentations by Our Firm Attorneys

The Longshot Odds Facing a DraftKings Class Action for Alleged Misuse of A.I.

The Longshot Odds Facing a DraftKings Class Action for Alleged Misuse of A.I.
By: Ryan Fan

Rules Matter Even for the Pat McAfee’s of the World

Rules Matter Even for the Pat McAfee’s of the World
By: Sara Dalsheim

Prediction Markets at a Crossroads: Licensing, Compliance, and Future(s)

Prediction Markets at a Crossroads: Licensing, Compliance, and Future(s)
By: Kyra Pulliam

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