The Longshot Odds Facing a DraftKings Class Action for Alleged Misuse of A.I.

The Longshot Odds Facing a DraftKings Class Action for Alleged Misuse of A.I.

November 9, 2026

The Longshot Odds Facing a DraftKings Class Action for Alleged Misuse of A.I.

By: Ryan Fan

On September 19, 2026, the New York Times released an article titled “How DraftKings Uses A.I. to Target the Gamblers Likeliest to Lose”, which documents whistleblower allegations that DraftKings (1) used artificial intelligence (A.I.) to target gamblers more likely to lose with promotions and (2) shelved responsible gaming projects that would identify and offer help to problem gamblers. [1]  The article generated negative publicity within the gambling industry, as it alleges that DraftKings, unlike many of its competitors such as Fanatics, FanDuel, and PrizePicks, does not use predictive technology for problem gambling.[2] As a consequence of this article, gambling operators’ use of A.I. has come under greater scrutiny. The Massachusetts Gaming Commission stated it would investigate gambling operators’ use of…

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Rules Matter Even for the Pat McAfee’s of the World

November 4, 2026

Rules Matter Even for the Pat McAfee’s of the World

By: Sara Dalsheim

  Former NFL punter and now ESPN analyst/commentator Pat McAfee is constantly garnering attention for his flashy takes and fun interviews. Most recently, he has also gained the attention of college football fans and students via his weekly “Kicking Is Easy” contest segment on ESPN’s wildly popular “College Gameday” – where McAfee gives away $1 million, and sometimes even more, to one college student who…

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Prediction Markets at a Crossroads: Licensing, Compliance, and Future(s)

October 20, 2026

Prediction Markets at a Crossroads: Licensing, Compliance, and Future(s)

By: Kyra Pulliam

Last week I had the honor of attending the inaugural PREDICT Conference hosted by DealFlow Events in New York City. This event should not be confused with the NEXTPredict Summit, taking place October 22-23, or Predict 2026, scheduled for December 7-9, both of which will also be held in New York. If the growing number of prediction market conferences borders on excessive, it is easy…

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Peering into the Future: Kids, Games, and Regulation

April 10, 2026

Peering into the Future: Kids, Games, and Regulation

By: Steven Hess

This March, a California jury found Google and Meta (which operates Facebook, Instagram, and other websites) liable for negligently causing a child user’s depression and anxiety.   Driven by a desire to protect children from perceived vices,[1] this is likely to be the first in a wave of new lawsuits and legislation aimed at regulating online spaces.  Although limited to protecting children for now, these efforts…

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Maryland’s Ever-Changing Gaming Landscape: Evolution, Adaptation, and Legal Tension

March 23, 2026

Maryland’s Ever-Changing Gaming Landscape: Evolution, Adaptation, and Legal Tension

By: Abbey Block

Maryland’s Ever-Changing Gaming Landscape: Evolution, Adaptation, and Legal Tension Earlier this month I had the opportunity to attend the 3rd annual Town Hall Meeting, hosted by Morgan State University’s Center for Data Analytics and Sports Gaming Research and National Council of Legislators from Gaming States and participate in a lively discussion about the ever-changing face of gambling. Our panel covered the latest and greatest developments…

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Major League Development: CFTC and MLB Agree to Monitor the Integrity of Prediction Markets

March 19, 2026

Major League Development: CFTC and MLB Agree to Monitor the Integrity of Prediction Markets

By: John Mikuta

In a watershed moment for the prediction market industry, the Commodity Futures Trading Commission (“CFTC”) signed a Memorandum of Understanding (“MOU”) with Major League Baseball (“MLB”) today.  According to the CFTC’s press release, the groundbreaking agreement “establishes a framework for the CFTC and MLB to discuss, cooperate, and exchange information concerning issues of common interest including protecting the integrity of professional baseball and the relating…

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Jim Trusty on Smart Legal Moves for Clients Under Pressure

March 18, 2026

Jim Trusty on Smart Legal Moves for Clients Under Pressure

By: Ifrah Law

A veteran federal prosecutor and formidable white-collar litigator, Jim Trusty clears a lane for clients facing a gauntlet of criminal charges, civil actions, investigations, and regulatory proceedings. From professional athletes facing sports wagering accusations or indictments, to gaming companies and executives involved in regulatory or white-collar matters, clients rely on Jim’s legal strategy, political savvy, and prosecutorial insights when the stakes are highest. Protecting iGaming…

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Gambling on Skill: Enforcement of Gambling Laws Against Skill Games in Outlier States

March 10, 2026

Gambling on Skill: Enforcement of Gambling Laws Against Skill Games in Outlier States

By: Jordan Briggs

In many states, people can legally pay entry fees to participate in a skill game and win cash prizes. For most states that allow participants to wager on their own skilled gameplay, the analysis for whether a certain game qualifies as a legal skill game turns on whether the game is one of chance or of skill. Each state has its own test to determine…

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Articles and Presentations by Our Firm Attorneys

The Longshot Odds Facing a DraftKings Class Action for Alleged Misuse of A.I.

The Longshot Odds Facing a DraftKings Class Action for Alleged Misuse of A.I.
By: Ryan Fan

Rules Matter Even for the Pat McAfee’s of the World

Rules Matter Even for the Pat McAfee’s of the World
By: Sara Dalsheim

Prediction Markets at a Crossroads: Licensing, Compliance, and Future(s)

Prediction Markets at a Crossroads: Licensing, Compliance, and Future(s)
By: Kyra Pulliam

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