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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…
Phoenix Project: Atlantic City Can Rise From The Ashes
April 8, 2015
Phoenix Project: Atlantic City Can Rise From The Ashes
By: Ifrah Law
Most of the news from the Atlantic City Boardwalk over the last couple of years has not been promising. Several of the massive casino resort properties there have closed and/or slipped into bankruptcy, and the resale or reopening of the properties has been stalled by legal and financial hurdles. But a new plan for development of the Boardwalk hopes to take the area in a…
Recap of RAWA House Subcommittee Hearing and What It Means for iGaming
March 30, 2015
Recap of RAWA House Subcommittee Hearing and What It Means for iGaming
By: Ifrah Law
The House Subcommittee on Crime, Terrorism, Homeland Security, and Investigations held a hearing last week to consider bill HR 707, the “Restoration of America’s Wire Act,” or RAWA. The proposed bill would prohibit most types of online gambling, whether or not they have been legalized and regulated by any state. The bill was drafted in response to 2011 Department of Justice opinion letter stating that…
Nevada Sports Books Will Be Going For The Gold During The Next Olympics
March 4, 2015
Nevada Sports Books Will Be Going For The Gold During The Next Olympics
By: Ifrah Law
It seems like, during the next Olympic Games in 2016, you will be able to bet your gold legally in Nevada on who will win the gold. Nevada gaming regulators have voted unanimously to permit the state’s sports books to accept wagers on the Olympic games for the first time in years. Nevada joins international sports books in a number of other countries that already…
Minnesota’s Lottery Quagmire: The State Legislature’s Continued Resistance to Online Lottery Ticket Sales
February 23, 2015
Minnesota’s Lottery Quagmire: The State Legislature’s Continued Resistance to Online Lottery Ticket Sales
By: Ifrah Law
As Minnesota’s lottery system turns 25 years old, director Ed Van Petten has sought to follow the lead of the most technologically-advanced state lottery systems in the country by expanding into the profitable market of online ticket sales. However, at a time when many states have enjoyed the additional revenue that online lottery sales can provide, Minnesota joins a small number of states that have…
Daily Fantasy Sports and the Start of Class Action Season
January 7, 2015
Daily Fantasy Sports and the Start of Class Action Season
By: Ifrah Law
While billions of dollars of sports betting continues in the shadowy world of illegal off-shore sports books, the fantasy sports business has been on fire. And as fantasy sports becomes the new hot “thing” online, it has continued to evolve: Dozens of companies are entering the market to offer everything thing from the increasingly common single day fantasy contests to the stock market-like contest offered…
