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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…
Florida’s Sweepstakes Law Takes Aim at Dubious Sweepstakes Run by Non-Profits – Legislative Fix Has Broad, Unintended Consequences
July 1, 2014
Florida’s Sweepstakes Law Takes Aim at Dubious Sweepstakes Run by Non-Profits – Legislative Fix Has Broad, Unintended Consequences
By: Michelle Cohen
Florida continues to lead the fight against illegal gambling in Internet cafes. In 2013, state and federal agents arrested dozens of individuals associated with Internet sweepstakes cafes operated by the “Allied Veterans of the World & Affiliates,” a purported charitable group. These Internet cafes operated under a potential legal loophole. Patrons were supposedly buying Internet time during which, proponents claimed, they were also playing…
Supreme Court Denies Cert. in New Jersey Sports Betting Case
July 1, 2014
Supreme Court Denies Cert. in New Jersey Sports Betting Case
By: Ifrah Law
On June 23, the United States Supreme Court denied New Jersey’s petition for a writ of certiorari to hear an appeal from lower court decisions that invalidated its sports wagering law. This ends a three year fight to bring sports betting to New Jersey’s casinos and racetracks, but NJ State Senator Raymond Lesniak, who has spearheaded efforts to bring sports betting to the state has vowed…
Why Is Casino Gaming Excluded from Online Gaming Proposals?
June 30, 2014
Why Is Casino Gaming Excluded from Online Gaming Proposals?
By: Ifrah Law
Now that three states—Delaware, Nevada, and New Jersey—have successfully launched online gaming, there is a flurry of proposed legislation as other U.S. jurisdictions seek to get in on the action. A surprising number of the proposals seek to limit gaming to poker alone, forbidding real-money online casino games such as slots and blackjack. Such proposals have been floated in California, Pennsylvania, and even by the…
Court Decision Good for Poker, Bad for Bottom Feeding Plaintiffs
June 30, 2014
Court Decision Good for Poker, Bad for Bottom Feeding Plaintiffs
By: Ifrah Law
On Friday, a New Jersey state court judge threw out a lawsuit brought against the Borgata Hotel Casino & Spa in Atlantic City by six men who alleged that the Borgata was negligent in running a tournament in the 2014 Borgata Winter Poker Open which was cancelled after counterfeit poker chips were discovered in circulation. After the Big Stack, No Limit Hold ‘Em tournament…
Bovada Poker Exits Regulated Markets
June 26, 2014
Bovada Poker Exits Regulated Markets
By: Ifrah Law
In April the state of New Jersey issued warning letters to online gaming affiliate marketers who advertised unlicensed gaming websites in-state. Now, one unlicensed operator is taking the warning to heart and withdrawing from regulated markets. Bovada, the largest online poker site in the U.S., will no longer be accepting new players from the regulated gaming jurisdictions of Nevada and Delaware. Bovada ceased doing business…
