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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…
Supreme Court Ruling on Sports Betting Case Could Level the Playing Field
October 4, 2017
Supreme Court Ruling on Sports Betting Case Could Level the Playing Field
By: Jeff Ifrah
This month Ifrah Law submitted an amicus brief to the United States Supreme Court in Christie v. NCAA, a pivotal case with far reaching implications for the gaming industry and state coffers across the country. The case asks whether New Jersey can offer sports betting in regulated casinos and race tracks in New Jersey. A federal law called Professional and Amateur Sports Protection Act (PASPA)…
New Jersey Sports Gaming In Flux: State Moves to Regulate Daily Fantasy Sports While Legalized Sports Betting Faces Greater Hurdles
May 24, 2017
New Jersey Sports Gaming In Flux: State Moves to Regulate Daily Fantasy Sports While Legalized Sports Betting Faces Greater Hurdles
By: George Calhoun
In a highly-anticipated brief by the Solicitor General, the United States argued today that the Supreme Court should not take up New Jersey’s challenge to federal laws preventing it from legalizing sports betting. Despite President Trump’s knowledge of, and seeming sympathy towards, the gaming industry, his Solicitor General claims that the “limited practical consequences of the question presented confirm that [the Supreme Court’s] review is…
Fantasy Golf: A Hole in One
April 22, 2017
Fantasy Golf: A Hole in One
By: Steven Eichorn
The Masters golf tournament had quite an exciting finish this year and it also was a successful tournament for Daily Fantasy Sports (DFS) operators. As reported by Dustin Gouker: “The Masters marked the unofficial start to the daily fantasy golf season at DraftKings… the metrics for Masters contests were impressive.” Such popularity inevitably leads to more legal scrutiny. Because golf tournaments are structured so differently…
Nevermind About Internet Cafes…
March 24, 2017
Nevermind About Internet Cafes…
By: Ifrah Law
Jacksonville attorney Kelly Mathis got some good news this week: State prosecutors have decided not to retry him on more than one hundred charges for gambling-related offenses. The State brought the charges against Mathis and fifty-six co-defendants in 2011, following a state-wide investigation of “internet cafes”—businesses that sell internet time to customers, who, with their purchase, receive a free entry into sweepstakes for promotional prizes….
Is it a Lottery or is it Gambling? UK Regulator Slaps Lottoland for Misleading Radio Ad
February 8, 2017
Is it a Lottery or is it Gambling? UK Regulator Slaps Lottoland for Misleading Radio Ad
By: Michelle Cohen
Gambling, including online gaming, lotteries, and land-based gaming, has tremendous participation in the United Kingdom. One study concluded that 75% of the UK’s adult population gambled in some manner. UK regulators take an aggressive approach to licensing, supervision, and enforcement of gambling laws and regulations, including gaming-related advertising. As more U.S. states permit online gaming, UK regulators’ decisions about promotions will be instructive to state…
