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The Longshot Odds Facing a DraftKings Class Action for Alleged Misuse of A.I.
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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…
FAIR Treatment of Lost Bets
July 25, 2025
FAIR Treatment of Lost Bets
By: Avner Kronisch
Introduction On July 7, 2025, Representatives Dina Titus (D-NV) and Ro Khanna (D-CA) introduced H.R. 4304, the Fair Accounting for Income Realized from Betting Earnings Taxation Act, commonly known as the FAIR Bet Act.[1] Two days later, Senators Catherine Cortez Masto (D-NV), Jacky Rosen (D-NV), and Ted Cruz (R-TX) introduced the Senate companion bill, S. 2230, titled Facilitating Useful Loss Limitations to Help Our Unique…
Reviving the Statute of Anne: Should Lawyers Mine Centuries-Old Statutes for Profit?
June 16, 2025
Reviving the Statute of Anne: Should Lawyers Mine Centuries-Old Statutes for Profit?
By: Robert Ward
For most of American history, state governments strictly prohibited nearly every form of gambling. In the last 100 years, however, many states have loosened gambling prohibitions in favor of a legal, regulated gambling industry. Still, remnants of strict, anti-gambling attitudes remain on the books in many states in the form of “loss recovery acts.” These centuries-old statutes allow a losing gambler to sue the winner…
Top 3 Takeaways from North American Gaming Regulators Association’s Annual Training
June 9, 2025
Top 3 Takeaways from North American Gaming Regulators Association’s Annual Training
By: Abbey Block
Last week, members of the gaming industry from all corners of the country traveled to Nashville, Tennessee to attend the North American Gaming Regulators Association’s (“NAGRA”) Annual Training and Education Conference. The conference featured panels and presentations from leaders in the gaming industry, including regulators, responsible gaming advocates, legislators, and technological experts. For many regulators, the NAGRA conference offers an opportunity to gain perspective regarding…
Ohio, the Grass is Greener: Neighboring States Set the Example in iGaming
June 6, 2025
Ohio, the Grass is Greener: Neighboring States Set the Example in iGaming
By: Jordan Briggs
Ohio has a budget problem. This is not an uncommon problem among states right now, but Ohio has the opportunity to fix it without the major cuts other states are considering by introducing a new vertical—online gaming (iGaming). Neighboring states Michigan and Pennsylvania introduced iGaming several years ago and have recently recognized record revenues. iGaming in Michigan generated $451.4 million in tax revenue and fees…
CFTC Withdraws Specialized Guidance On Cryptocurrency Derivatives
March 31, 2025
CFTC Withdraws Specialized Guidance On Cryptocurrency Derivatives
By: Jake Gray
In line with the Securities and Exchange Commission’s (“SEC”) transformation from cryptocurrency enemy to ally, the Commodity Futures Trading Commission (“CFTC”) is now following its sister agency’s lead. By withdrawing its specialized guidance on digital currency derivatives, the CFTC signals a more hospitable regulatory approach to the industry, one that recognizes the growing maturity and mainstream acceptance of digital asset markets. As of March 28,…
