Bankruptcy & The Electronic Signature

While infrequent, cases involving proof of one’s electronic signature are not unheard of. Saving someone sign a document electronically is perfectly fine until a court demands proof of the signature. As one might imagine, evidencing a client’s signature in such a case might prove challenging.

The Changing Legal Landscape of Daily Fantasy Sports

In mid-October, the Nevada Gaming Control Board ruled that pay-to-play daily fantasy sports (DFS) constitute gambling under Nevada law. And just this week, New York followed suit. State Attorney General Eric Schneiderman sent cease-and-desist letters to operators of DFS games ordering them to stop accepting wagers in the state. In Nevada, companies like FanDuel and DraftKings that operate DFS games online must now obtain a license from the Gaming Board in order to operate legally. In New York, operating DFS games is now illegal. In DFS, players compete against other by building a team of professional athletes from a particular league and earn points based on the actual statistical performance of the players. As of September 2015, both FanDuel and DraftKings have an estimated value of over $1 billion. In total, an estimated 57 million people in the United States and Canada played a DFS game this year, and companies hosting DFS games are expected to collect $14.4 billion dollars in entry fees by 2020.  Federally, the Wire Act and the Unlawful Gambling Enforcement Act (UIGEA) govern DFS games. The UIGEA prohibits gambling businesses from accepting payments in connection with bets or wagers that involve the use of the Internet, but it specifically excludes certain fantasy sports and skill-games. Meanwhile, the Federal Wire Act prohibits the wire transmission in interstate commerce of wagers on any sporting event or contest. So far, though, DFS games have not been prosecuted as sports wagering under the Wire Act. A sports wager, in general, must involve a game subject to chance. Many argue that DFS games involve more skill than chance, as participants must...

Google Books: A Test of Transformative Use

Though Authors Guild v. Google decision will undoubtedly be unpopular with some groups, Judge Leval likely believes that a flexible and broad fair use tradition will only enliven the exchange of ideas and even the market for books.

Soaring to New Heights: Flying Cars and the Law

For decades, innovators and science fiction enthusiasts have predicted the advent of a flying car, but until recently, that vision has remained just that, a vision. Flying cars, however, may not be as far away as once thought.

O Brave New World: Assisted Reproduction and Same-Sex Couples

As tens of thousands of babies continue to be born through IDF in the U.S. and same-sex relationships become increasingly accepted, lawyers will have the opportunity to play a role in defining what these new relationships will mean for family law issues such as adoption, divorce, surrogacy, and inheritance.

The Future of ODR: The Promise of Advancing Technology

Even if trust and intimacy increase and technology makes virtual interaction more and more like reality, perhaps there is something about true face-to-face human connection that will never be replaceable. However, there is undoubtedly huge potential for Online Dispute Resolution to thrive under the correct circumstances.

Evaluating Direct Licensing Deals in Web IV

To prevent opportunistic webcasters from striking below-market direct licensing agreements with record labels the Copyright Royalty Judges should carefully consider the context in which the direct licensing agreements were struck.

Missing the Boat on Broadband

By focusing on the number of high-speed internet providers in a particular region, representation of a consumer’s overall lack of choice is distorted.

Microsoft’s Fight for Extraterritorial Data Privacy

In oral arguments today, Microsoft fights to limit the international reach of warrants for private data. The decision could have far-reaching consequences as to data privacy, Cloud computing, foreign relations law and the extraterritoriality of search warrants.

Tinker Toys or Dandy Devices?

Although European antitrust authorities continue to investigate Google’s advertising and bundling practices, the odds of a Microsoft-like agreement increase.

The Future of Net Neutrality

The FCC’s new rule prohibiting internet-service providers (ISP) from slowing down applications or services is being challenged by on multiple fronts.