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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…
Tennessee Sports Betting Posed to Open for Business, But is it Bad Business?
October 16, 2020
Tennessee Sports Betting Posed to Open for Business, But is it Bad Business?
By: Ifrah Law
If sports betting goes live within the state as expected by November 1, Tennessee will become the nineteenth state (plus Washington D.C.) to accept a legal sports bet. Tennessee is noteworthy in its sports betting regulations because it would be the first instance of online wagering without the requirement of partnering with a brick-and-mortar casino. On the surface, Tennessee is open to an unlimited number…
Taking a Lead to Build Your Gaming Platform’s Customer Base
July 30, 2020
Taking a Lead to Build Your Gaming Platform’s Customer Base
By: Ifrah Law
State by state, the U.S. regulatory landscape is shifting in favor of legalized online gaming and sports betting. As states come online, operators are seeking to acquire and to increase their customer base. A tried and true marketing strategy to push traffic online—and that operators are using successfully to promote their gaming services—is lead generation. Lead generation marketing is estimated to be a $12 billion…
For Payment Processors: A Compliance Plan That Even Banks and Credit-Card Networks Will Love
July 24, 2020
For Payment Processors: A Compliance Plan That Even Banks and Credit-Card Networks Will Love
By: Jeffrey Hamlin
A little more than two years ago, the U.S. Supreme Court issued its decision in Murphy v. National Collegiate Athletic Association, striking down federal limits on the expansion of sports betting. Since then, a number of states have legalized sports betting—Colorado, Illinois, Indiana, New Jersey, Pennsylvania, Tennessee, and West Virginia, to name a few. Indeed, many states now permit sports betting at brick-and-mortar establishments as…
Betting Operators Look at In-House Options for Customer Leads
July 23, 2020
Betting Operators Look at In-House Options for Customer Leads
By: Steven Eichorn
Cold-pitch sales are a difficult proposition, especially when done over the Internet. The challenge is greater when competing products are similar and the barriers to entry are low, making it harder for a company to differentiate itself from the competition. So goes the case for online gaming operators who often face difficulty in attracting new users to their platform, especially when there are registration requirements…
Despite Pandemic, New Sports Gambling And Online Gaming Market Entries Proliferate
July 20, 2020
Despite Pandemic, New Sports Gambling And Online Gaming Market Entries Proliferate
By: Ifrah Law
If someone had told you at the beginning of 2020 that, by March, global sports would largely shut down, with a slow resumption not happening until the summer of 2020, you may have predicted that 2020 would be a bad year for businesses involved in sports wagering, fantasy sports, and iGaming. Yet, the rapid legalization of sports wagering across the United States has not relented,…
