Cases + Rulings Posts

When Gamers Become Plaintiffs – Arbitration Clauses for the Win

Feb 23, 2024

When Gamers Become Plaintiffs – Arbitration Clauses for the Win

Online businesses, including gaming companies, frequently include arbitration clauses in their “terms and conditions” or other policies when consumers register for their services. These clauses notify users that disputes will be subject to private arbitration by an appointed neutral arbitrator, usually the American Arbitration Association or JAMS.  Businesses favor arbitration for several reasons, including reduced…

iGaming Company Takes on State Licensing Commission’s Rejection – Achieves Rare Victory

Nov 20, 2023

iGaming Company Takes on State Licensing Commission’s Rejection – Achieves Rare Victory

Ifrah Law’s litigation experience and broad knowledge of gaming licensing laws and procedures rescued a client from an unfair application denial, which would have frozen the company out of a major state’s market and tarnished the CEO’s reputation among licensing boards in other states. A successful iGaming company had nearly completed the rigorous registration process…

A Cautionary Tale Courtesy of Fortnite

Sep 21, 2023

A Cautionary Tale Courtesy of Fortnite

A fast-growing segment of online gaming is the in-game purchase on (sometimes free) games/apps in exchange for virtual items. The virtual items can be mere cosmetic game enhancements, features that increase a player’s likelihood of success, and many other options. Because these virtual items are purchased with real world funds, companies must be vigilant in…

Terraform Labs Ruling Reels Back Ripple Enthusiasm

Aug 4, 2023

Terraform Labs Ruling Reels Back Ripple Enthusiasm

The recent ruling in SEC v. Ripple Labs had the cryptocurrency industry standing tall.  As we discussed recently, however, the Ripple ruling was less favorable – or at least less comprehensive – than it was being portrayed. Another ruling from the Southern District of New York – SEC v. Terraform Labs Pte.Ltd. and Do Hyeong…

Ripple Decision Shakes Up US Crypto

Jul 14, 2023

Ripple Decision Shakes Up US Crypto

In an apparent boon to the cryptocurrency and broader blockchain industries, a judge in the US District Court for Southern New York ruled on Thursday that Ripple Labs Inc. did not violate federal securities laws in the offering and sale of the XRP token on public exchanges, meaning that the token could be relisted on…

Circuit Court for the District of D.C. Upholds Compact: What this Means for Sports Betting in Florida

Jun 30, 2023

Circuit Court for the District of D.C. Upholds Compact: What this Means for Sports Betting in Florida

Today, the Court of Appeals for the D.C. Circuit issued a decision in West Flagler Associates, Ltd. v. Haaland, that will have meaningful implications for the future of online sports betting in Florida along with the interpretation of the Indian Gaming Regulatory Act (“IGRA”). By way of background, in the spring of 2021, the State…

Critical Crypto-Securities Issue May Soon Come to a Head in SEC v. Ripple

Feb 8, 2023

Critical Crypto-Securities Issue May Soon Come to a Head in SEC v. Ripple

This work was originally published in Business Law Today for the American Bar Association’s Business Law Section. A lawsuit filed by the U.S. Securities Exchange Commission (“SEC”) against Ripple Labs, Inc. (“Ripple Labs”), creator of the popular cryptocurrency token known as XRP, represents a turning point for the cryptocurrency and wider blockchain-technology industries in their…

Florida Sports Betting Opponents and Government Stakeholders Head to Oral Argument in Federal Appellate Court

Dec 15, 2022

Florida Sports Betting Opponents and Government Stakeholders Head to Oral Argument in Federal Appellate Court

This week’s oral argument in West Flagler Associates, Ltd. v. Haaland is the latest step in the dispute over whether the State of Florida and the Seminole Tribe of Florida can offer online sports betting throughout the state and not just on tribal land.

Four States Coordinate Against Metaverse Casino’s NFT Sales

Oct 25, 2022

Four States Coordinate Against Metaverse Casino’s NFT Sales

On Thursday, October 20th, state securities regulators from Alabama, Kentucky, New Jersey, and Texas filed coordinated enforcement actions to stop sales of non-fungible tokens (“NFTs”) by an organization in the country of Georgia. The actions accuse Slotie NFT (“Slotie”) of “illegally and fraudulently selling NFTs to raise capital relating to gaming in online and metaverse…

State Securities Regulators Intervene In Virtual Casino NFT Sales

Apr 18, 2022

State Securities Regulators Intervene In Virtual Casino NFT Sales

State regulators in three states took the first steps in regulating non-fungible tokens (“NFTs”) as securities, issuing cease-and-desist orders against the online casino developer Sand Vegas Casino Club (“Sand Vegas”) and its co-founders for allegedly offering unregistered securities and violating various other securities-related regulations. As we have written, NFTs use smart contracts to offer holders…