Insights < BACK TO ALL INSIGHTS
The Longshot Odds Facing a DraftKings Class Action for Alleged Misuse of A.I.
FEATURED
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…
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…
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…
DraftKings Should Prevail in NFT-Securities Litigation
October 13, 2023
DraftKings Should Prevail in NFT-Securities Litigation
By: Jake Gray
In February 2022, we wrote about the extent to which NFTs could raise novel securities laws questions, invoking the case of Friel v. Dapper Labs and utility-based NFT offerings conjoined to ownership-based privileges associated with securities. A year later, in February 2023, a judge from the U.S. District Court for the Southern District of New York denied Dapper Labs’s motion to dismiss, holding that the…
Surging Sportsbook Signups Illustrate Need for Ubiquitous Legal Gaming Markets
September 29, 2023
Surging Sportsbook Signups Illustrate Need for Ubiquitous Legal Gaming Markets
By: Sara Dalsheim
The kickoff of the NFL 2023-2024 season has held many surprises: drastically favored teams lost to their underdog opponents; surprise rookies broke out like Bijan Robinson and Puka Nacua; sports media outlets aggressively reported on the Taylor Swift-Travis Kelce courtship; and much more. What has not been surprising, however, is the surge of signups on legal sports betting websites. Indeed, the influx of new users…
A Cautionary Tale Courtesy of Fortnite
September 21, 2023
A Cautionary Tale Courtesy of Fortnite
By: Steven Eichorn
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 employing good practices such as clear and conspicuous disclosures of…
Navigating the High-Stakes World of Online Gaming Advertising: Policies, Permissions, and Enforcement
August 28, 2023
Navigating the High-Stakes World of Online Gaming Advertising: Policies, Permissions, and Enforcement
By: Sara Dalsheim
A top concern of online gaming regulators is the control and dissemination of advertising. In connection with these concerns sites like Meta, X (formerly known and commonly referred to as Twitter), and Google have released online gambling advertising policies and requirements. To run online gambling and gaming advertising on Meta / Facebook users are required to obtain written permission to promote online gambling and gaming.[1]…
G2E 2023: Outlook and Trends
August 16, 2023
G2E 2023: Outlook and Trends
By: Steven Eichorn
This year’s G2E (the premier gaming conference in North America), held annually in Las Vegas, Nevada (October 9-11, 2023 this year) is shaping up to once again be the premier conference for the gaming industry. The expected number of worldwide attendees from the global gaming industry is over 25,000 and it promises to once again bring together the entire gaming industry under one roof. It…
