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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…
What’s Next for Online Poker Players?
May 5, 2011
What’s Next for Online Poker Players?
By: Ifrah Law
Online poker players in the U.S. were shaken on April 15 when the federal government shut down the country’s three biggest poker websites. Suddenly, players were without their favorite sites and could not access the funds that they kept there. Now, players are beginning to pick up the pieces. Since there is no federal law against playing online poker, many are seeking to return to…
The Great Race: Legal Online Poker Advances in Nevada, Hawaii Legislatures
March 24, 2011
The Great Race: Legal Online Poker Advances in Nevada, Hawaii Legislatures
By: Ifrah Law
Hearing Clarifies Issues in Nevada The Nevada Assembly Committee on Judiciary met on March 24, 2011, to discuss AB 258, which would provide for the licensing and operation of Internet poker in Nevada for the first time. Committee members were, not surprisingly, interested in the possible benefit or harm to Nevada’s existing bricks-and-mortar gaming industry from the legislation – such as the possible creation of…
Online Gaming on Path to Legalization in New Jersey
January 13, 2011
Online Gaming on Path to Legalization in New Jersey
By: Ifrah Law
It appears that New Jersey will very soon become the first state to legalize and regulate Internet gambling. On January 10, 2011, the New Jersey State Assembly overwhelmingly passed an online gaming bill. This bill was passed by the state Senate, also overwhelmingly, late last year, and all that remains for the bill to become law is the expected signature of Governor Chris Christie. The…
A New Turn for Washington State’s Online Poker Law
October 15, 2010
A New Turn for Washington State’s Online Poker Law
By: Ifrah Law
After the unanimous rejection by the Washington State Supreme Court of a lawsuit that attempted to overturn the state’s draconian ban on online poker, proponents of the game now say that they’re going to go to the state legislature and try to get the law repealed, rather than pursue the challenge in the U.S. Supreme Court. On Sept. 23, 2010, the state court rejected the…
Poker, as a Game of Skill, Is Beyond Reach of Gaming Laws
July 9, 2010
Poker, as a Game of Skill, Is Beyond Reach of Gaming Laws
By: Ifrah Law
The highly regarded British publication The Economist has just published an interesting article that strongly makes the case that poker is a game of skill, not a game of chance. The article notes that poker is, of course, big business these days, pointing to a consultant’s estimate that the online poker market amounts to $4.9 billion worldwide, with $1.4 billion of that being spent in…
