Insights < BACK TO ALL INSIGHTS
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…
Florida Sports Betting Opponents and Government Stakeholders Head to Oral Argument in Federal Appellate Court
December 15, 2022
Florida Sports Betting Opponents and Government Stakeholders Head to Oral Argument in Federal Appellate Court
By: Jacob Grubman
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.
Massachusetts Lessens Licensing Burden on Marketing Affiliates… For Now
December 1, 2022
Massachusetts Lessens Licensing Burden on Marketing Affiliates… For Now
By: Sara Dalsheim
On December 1, 2022, the Massachusetts Gaming Commission (“MGC”) held an Open Meeting to discuss a number of items ahead of the upcoming launch of retail sports wagering and later launch of online sports wagering. Of particular note was a topic brought up by the Director of the Investigations and Enforcement Bureau, Loretta Lillios, requesting that the MGC, at least temporarily, lessen the licensing requirements…
Four States Coordinate Against Metaverse Casino’s NFT Sales
October 25, 2022
Four States Coordinate Against Metaverse Casino’s NFT Sales
By: Jake Gray
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 casinos” in like manner to the offer and sale of…
Maryland’s Diversity Plan Requirement for Sports Betting Licensees
September 2, 2022
Maryland’s Diversity Plan Requirement for Sports Betting Licensees
By: Sara Dalsheim
The road to the launch of legalized sports betting in Maryland has been long and winding. From the start Maryland has been keen on developing requirements for diversity inclusion in its sports betting operations. Today, the State looks to finalize a positive step in that direction by holding a vote to approve a new “Diversity Plan Requirement”. Put simply, the Plan instructs sports betting licensees…
States Rush to Protect Consumers From Cyber Threats as Gaming Legislation Moves Across All States
August 25, 2022
States Rush to Protect Consumers From Cyber Threats as Gaming Legislation Moves Across All States
By: Jake Gray
In the four years since the Supreme Court struck down the federal ban on sports betting, more than 36 states and the District of Columbia have launched legal sports betting markets, with more than half of legalized states offering online and mobile options. [1] In most markets that offer online and mobile sports betting, the offerings are responsible for more than 70% of the total…
