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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…
Too Late to Get Licensed for the 2024 NFL Season?
August 22, 2024
Too Late to Get Licensed for the 2024 NFL Season?
By: Sara Dalsheim
Each NFL season, as more states join the legalized sports betting market, there are record-breaking numbers in wagering related revenue. Along with the rise in the number of states and revenues, there are more vendors and suppliers eager to work with and offer their products/services to the sports wagering operators. However, what these vendors may not realize are the regulatory barriers at play in such…
Gambling, Sports Betting, and America’s Evolving View
August 21, 2024
Gambling, Sports Betting, and America’s Evolving View
By: Steven Eichorn
No less an authority than the Supreme Court has posited that “Americans have never been of one mind about gambling, and attitudes have swung back and forth.”[1] Shifting considerably over time, America’s views and social acceptance of gambling builds on a nearly 100-year trend towards the expansion of legalized gambling. By the end of the 19th century, American society viewed gambling as a moral failure…
Massachusetts Gaming Commission Signals Intent to Regulate Sports Wagering Limits and Invites Operators to Join the Conversation
August 2, 2024
Massachusetts Gaming Commission Signals Intent to Regulate Sports Wagering Limits and Invites Operators to Join the Conversation
By: Abbey Block
At a public meeting held on August 1st, members of the Massachusetts Gaming Commission (the “Commission”) voiced their frustration with sports betting operators’ unwillingness to publicly discuss their position on the issue of bettor and wager limits. Although the Commission has yet to propose any rules that would limit the operators’ ability to impose wager limits on certain bettors, it has indicated its interest in…
Protection or Censorship? – New Child Protection Law Sparks First Amendment Debate
July 31, 2024
Protection or Censorship? – New Child Protection Law Sparks First Amendment Debate
By: Abbey Block
As this congressional session draws to a close, legislators are debating a new bill aimed at protecting kids and teens from the dangers of the Internet and social media. If enacted, the bill known as the Kids’ Online Safety Act (“KOSA”), would impose a “duty of care” on online platforms, requiring them to take affirmative steps to mitigate harm to their users who are under…
Google Now Allows Daily Fantasy Sports Advertisements in Limited States
July 18, 2024
Google Now Allows Daily Fantasy Sports Advertisements in Limited States
By: Jordan Briggs
On July 15, 2024, Google Ads updated its Gambling and games policy (the “Policy”)[1] to allow Daily Fantasy Sports (“DFS”) and lottery couriers to advertise in certain US states. Advertisers for DFS or lottery couriers must be licensed by at least one state and certified with Google prior to running these ads. Even after these steps, DFS advertisers may only advertise in seventeen states. The…
