Insights < BACK TO ALL INSIGHTS
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…
Apparently, the Wizard of Oz Notwithstanding, Kansas Frowns upon Fantasy
August 28, 2014
Apparently, the Wizard of Oz Notwithstanding, Kansas Frowns upon Fantasy
By: Ifrah Law
Last week, the Kansas Gaming & Racing Commission (“KGRC”) updated the “Frequently Asked Questions” on its website to reflect its position that fantasy sports leagues violate Kansas law against gambling. Under Kansas law, a “bet” is defined as “a bargain in which the parties agree that, dependent upon chance, one stands to win or lose something of value specified in the agreement,” K.S.A. 21-6403(a), and…
Gov. Christie Vetoes Latest Sports Betting Bill
August 11, 2014
Gov. Christie Vetoes Latest Sports Betting Bill
By: Ifrah Law
On Friday, New Jersey Governor Chris Christie vetoed a bill that marked the latest effort to bring legal sports betting to the state’s casinos and racetracks marking another temporary setback, though the efforts may not be over. The Governor stated in his veto message that the Third Circuit’s opinion from earlier this year striking down New Jersey’s first attempt to legalize sports betting “may not…
Kentucky Becomes Latest State to Move Toward Online Lottery Ticket Sales
July 31, 2014
Kentucky Becomes Latest State to Move Toward Online Lottery Ticket Sales
By: Ifrah Law
Earlier this month, the Kentucky Lottery Corporation (“KLC”) presented state lawmakers with a timeline for the launching of an online lottery ticket sales platform by the middle of 2015. The KLC’s plan is to launch multi-state drawing games such as Powerball first and then launch other lottery products in the following months. Online lottery ticket sales represent an untapped market for state lotteries that…
Atlantic City Needed to Go Online Years Ago
July 23, 2014
Atlantic City Needed to Go Online Years Ago
By: Jeff Ifrah
Photo Credit: Meinzahn Three more casinos are set to close in Atlantic City. Unions, politicians and lobbyists are pointing fingers. One thing is for certain, newly introduced online gaming legislation is not to blame. If experts had been paying attention to the trends, they would have introduced regulated online gaming into New Jersey years ago. New Jersey voters approved a measure to legalize casinos in…
Lesniak’s Bill is New Jersey’s Latest Play to Bring Sports Betting to the State
July 15, 2014
Lesniak’s Bill is New Jersey’s Latest Play to Bring Sports Betting to the State
By: Ifrah Law
Sometimes you should be careful what you ask for. And sometimes even when you get what you ask for, it turns out not to be what you wanted. The U.S. Supreme Court recently denied a petition for certiorari by the State of New Jersey in the case challenging its sports wagering law as a violation of the Professional and Amateur Sports Protection Act of 1992 (“PASPA”), the federal law that prohibits state-sponsored sports…
