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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…
Reviving the Statute of Anne: Should Lawyers Mine Centuries-Old Statutes for Profit?
June 16, 2025
Reviving the Statute of Anne: Should Lawyers Mine Centuries-Old Statutes for Profit?
By: Robert Ward
For most of American history, state governments strictly prohibited nearly every form of gambling. In the last 100 years, however, many states have loosened gambling prohibitions in favor of a legal, regulated gambling industry. Still, remnants of strict, anti-gambling attitudes remain on the books in many states in the form of “loss recovery acts.” These centuries-old statutes allow a losing gambler to sue the winner…
Top 3 Takeaways from North American Gaming Regulators Association’s Annual Training
June 9, 2025
Top 3 Takeaways from North American Gaming Regulators Association’s Annual Training
By: Abbey Block
Last week, members of the gaming industry from all corners of the country traveled to Nashville, Tennessee to attend the North American Gaming Regulators Association’s (“NAGRA”) Annual Training and Education Conference. The conference featured panels and presentations from leaders in the gaming industry, including regulators, responsible gaming advocates, legislators, and technological experts. For many regulators, the NAGRA conference offers an opportunity to gain perspective regarding…
Ohio, the Grass is Greener: Neighboring States Set the Example in iGaming
June 6, 2025
Ohio, the Grass is Greener: Neighboring States Set the Example in iGaming
By: Jordan Briggs
Ohio has a budget problem. This is not an uncommon problem among states right now, but Ohio has the opportunity to fix it without the major cuts other states are considering by introducing a new vertical—online gaming (iGaming). Neighboring states Michigan and Pennsylvania introduced iGaming several years ago and have recently recognized record revenues. iGaming in Michigan generated $451.4 million in tax revenue and fees…
CFTC Withdraws Specialized Guidance On Cryptocurrency Derivatives
March 31, 2025
CFTC Withdraws Specialized Guidance On Cryptocurrency Derivatives
By: Jake Gray
In line with the Securities and Exchange Commission’s (“SEC”) transformation from cryptocurrency enemy to ally, the Commodity Futures Trading Commission (“CFTC”) is now following its sister agency’s lead. By withdrawing its specialized guidance on digital currency derivatives, the CFTC signals a more hospitable regulatory approach to the industry, one that recognizes the growing maturity and mainstream acceptance of digital asset markets. As of March 28,…
Sweepstakes Issues Draw Focus at Next.io Summit
March 27, 2025
Sweepstakes Issues Draw Focus at Next.io Summit
By: Jordan Briggs
Social casinos were one of the many hot topics at the Next.io summit in New York March 12-13, so much so that they got their own well-attended summit on March 11. Generally, there are three types of online social casinos: social casinos with no option to purchase any plays; social casinos with the option to purchase plays and the only thing a user can win…
