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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…
Monmouth Park Brings Exchange Wagering to the United States
May 11, 2016
Monmouth Park Brings Exchange Wagering to the United States
By: Ifrah Law
Exchange wagering—a fixed-odds variant of pari-mutuel betting—is making its U.S. debut today. Monmouth Park, a racetrack in New Jersey, has begun offering on-site and online exchange wagering in cooperation with Betfair US. Beyond its own races, Monmouth Park has agreements for simulcast exchange wagering on ten racetracks around the country, with plans to expand the number of tracks offered as interest grows. New Jersey legalized…
New Jersey Issues Bulletin Clarifying Licensure Standards for Internet Gaming
April 19, 2016
New Jersey Issues Bulletin Clarifying Licensure Standards for Internet Gaming
By: George Calhoun
Today, the New Jersey DGE issued a “Director’s Advisory Bulletin” clarifying how it would apply its suitability rules to gaming license applicants who conduct internet gaming in other jurisdictions. If you offer a game that is illegal in any jurisdiction, the DGE will consider you unsuitable and bar you from the New Jersey market. The new Bulletin clarified what New Jersey considers illegal: If you…
New York DFS: Sites Agree To Armistice, Not A Settlement
March 22, 2016
New York DFS: Sites Agree To Armistice, Not A Settlement
By: Ifrah Law
The New York Attorney General, FanDuel, and Draft Kings announced yesterday that a settlement had been reached in the litigation over the future of daily fantasy sports (“DFS”) in New York. Effective immediately, FanDuel and DraftKings will discontinue operations in New York and pay out existing balances to New Yorkers. This sounds like a major victory for the AG, and a surprising capitulation by the…
Guitar Hero for Cash! New Jersey Issues Temporary Regulations for Skill-Based Gaming
February 25, 2016
Guitar Hero for Cash! New Jersey Issues Temporary Regulations for Skill-Based Gaming
By: Michelle Cohen
Just last month at the National Council of Legislators from Gaming States (“NCLGS”) winter meeting in Orlando, I discussed the strong interest in skill-based games by casino owners, regulators, legislators, and the public. In an effort to appeal to millennials, fill empty slot seats, and expand the demographic at Atlantic City casinos, New Jersey’s Division of Gaming Enforcement (“DGE”) just announced new temporary regulations for “skill-based…
ESPN’s ‘Outside the Lines’ Interviews Jeff Ifrah On The Future of Sports Betting in The U.S.
January 29, 2016
ESPN’s ‘Outside the Lines’ Interviews Jeff Ifrah On The Future of Sports Betting in The U.S.
By: Nicole Kardell
*Image from CalvinAyre.com Ifrah Law founding partner, Jeff Ifrah, weighed in on the battle over bets in a recent newscast for ESPN’s “Outside the Lines.” During the program, Jeff observed that major league sports are getting accustomed to the idea of legalized sports betting: “They are willing to recognize regulation; they’re willing to recognize the legality and it seems to indicate that they are willing to…
