Leading up to this year’s Game Developers’ Conference, most legal conversations will focus on AI, IP ownership, and platform deals. But conference panels rarely discuss a major risk quietly hitting game studios: mass...more
3/11/2026
/ Arbitration ,
Arbitration Agreements ,
Arbitration Fees ,
Artificial Intelligence ,
Binding Arbitration ,
Class Action ,
Data Privacy ,
Dispute Resolution ,
EULA ,
Intellectual Property Protection ,
Monetization ,
Online Gaming ,
Ownership of Works ,
Risk Management ,
Software ,
Software Developers ,
Technology Sector ,
Terms and Conditions
Common video game monetization models, like loot boxes and engagement-driven design patterns, face rising legal risk and are being reexamined under gambling, consumer protection, and children’s privacy laws....more
3/9/2026
/ Artificial Intelligence ,
Consumer Protection Laws ,
COPPA ,
Enforcement Actions ,
Gambling ,
In-Game Purchases ,
Monetization ,
Online Safety for Children ,
State Attorneys General ,
Unfair or Deceptive Trade Practices ,
Video Games ,
Website Design
Generative AI is revolutionizing narrative design in games, turning every player into a co-author. But the same improvisation that makes AI NPCs so engaging also opens up new legal and platform risks. ...more
3/5/2026
/ Artificial Intelligence ,
Digital Platform Liability ,
Emerging Technologies ,
Innovation ,
Machine Learning ,
Online Gaming ,
Online Platforms ,
Risk Assessment ,
Risk Management ,
Software ,
Software Developers ,
Technology Sector ,
User-Generated Content
The Washington Commercial Electronic Mail Act (CEMA), enacted in 1998, prohibits sending deceptive commercial emails and imposes a $500 penalty per violation regardless of an actual showing of damages. Section...more
1/7/2026
/ Commercial Electronic Messages ,
Consumer Protection Laws ,
Email ,
Marketing ,
Misleading Statements ,
Regulatory Requirements ,
Spam ,
Statutory Interpretation ,
Statutory Penalties ,
Unfair or Deceptive Trade Practices ,
WA Supreme Court
New York’s Algorithmic Pricing Disclosure Act imposes new disclosure requirements on businesses that set prices using algorithms informed by consumer personal data. ...more
1/6/2026
/ Algorithms ,
Artificial Intelligence ,
Automated Decision Systems (ADS) ,
Consumer Protection Laws ,
Data Privacy ,
Disclosure Requirements ,
Enforcement Actions ,
New Legislation ,
Personal Data ,
Pricing ,
Product Pricing ,
State Legislatures
The FTC recently escalated its focus on pricing transparency in the residential rental market, signaling broader regulatory risk for technology platforms that influence how rental pricing is presented to consumers. ...more
12/19/2025
/ Consumer Protection Laws ,
Digital Platforms ,
Enforcement Priorities ,
Federal Trade Commission (FTC) ,
FTC Act ,
Hidden Fees ,
Landlords ,
Online Platforms ,
Price Transparency ,
Property Management Companies ,
Regulatory Oversight ,
Residential Leases ,
Residential Property Owners ,
Software ,
Unfair or Deceptive Trade Practices
The battle between Google and “Fortnite” developer Epic Games is set to reshape how developers, publishers, and their financial backers approach Android as a commercial platform....more
11/13/2025
/ Android ,
Antitrust Violations ,
Competition ,
Digital Marketplace ,
Google ,
Investment ,
Mobile Apps ,
Payment Systems ,
Publishers ,
Settlement Proposals ,
Software ,
Software Developers ,
Technology Sector ,
Video Games
Game developers often borrow from the real world to build more lifelike, compelling characters: a tattoo copied faithfully onto a digital athlete, a famous photograph reinterpreted as body art, a recognizable design rendered...more
In-game purchases have become a cornerstone of the mobile video game industry, enabling developers to enhance user experience while generating revenue. However, recent developments signal heightened scrutiny from plaintiff’s...more
7/25/2025
/ Advertising ,
Class Action ,
Consumer Protection Laws ,
Disclosure Requirements ,
False Advertising ,
Gaming ,
In-Game Purchases ,
Litigation Strategies ,
Online Gaming ,
Risk Management ,
Risk Mitigation ,
Social Gaming ,
Unfair or Deceptive Trade Practices ,
Video Games
On Tuesday, July 8, the Eighth Circuit struck down the Federal Trade Commission’s new “click-to-cancel” rule just days before the FTC planned to begin enforcement on July 14, 2025. ...more
The New York legislature recently passed a bill, A.8887-B(Rosenthal)/S.8420-A(Gianaris), that would mandate the conspicuous disclosure of "synthetic performers" in advertisements. A synthetic performer is defined as a...more
The National Advertising Division (NAD) recently reviewed marketing claims tied to Huda Beauty's Easy Bake Setting Spray. At issue was a TikTok video from an influencer claiming the spray was the “strongest setting spray...more
If you've been following the latest updates on the click-to-cancel rule, you might have heard about the recent extension granted by the Federal Trade Commission....more
On May 12, 2025, the Federal Trade Commission’s Rule on Unfair or Deceptive Fees will take effect. Under the rule, certain businesses must disclose all mandatory fees and the total price up front to limit bait-and-switch...more
On April 15, 2025, the Ninth Circuit issued a second decision in less than two months regarding the enforceability of a “sign-in wrap agreement,” which links users to a website’s terms of service....more
5/1/2025
/ Appeals ,
Arbitration ,
Arbitration Agreements ,
Class Action ,
Clickwrap Agreements ,
Consent ,
Contract Disputes ,
Contract Terms ,
Corporate Counsel ,
Petition For Rehearing ,
Terms of Service ,
Unenforceable Contract Terms ,
Website Design
On February 27, 2025, the Ninth Circuit affirmed the district court’s ruling in Chabolla v. ClassPass, finding that the “sign-in wrap agreement” on the ClassPass website was not an enforceable contract because it did not...more
The house doesn’t always win—a federal jury awarded nearly $25 million in damages to a class of consumers in Washington State after a district court in Larsen v. PTT, LLC determined that certain “social casino” games operated...more
Video game companies are often eager to adopt new technologies, like artificial intelligence (AI), to enhance player experiences. However, stricter privacy and AI regulations require companies to take extra precautions to...more
As artificial intelligence transforms gaming, developers and publishers need a clear, strategic approach to incorporating AI into their pipelines. Success requires balancing innovation with thoughtful risk management while...more
For companies offering subscription-based services, the regulatory landscape is becoming increasingly complex, with recent updates to federal and state laws creating new compliance requirements that demand careful attention...more
Effective January 1, 2025, a new California consumer protection law will require sellers of digital goods to more clearly communicate whether consumers are purchasing unrestricted ownership to that digital good or merely...more
The Federal Trade Commission has announced the final "click-to-cancel" rule, which is designed to ensure that consumers can cancel subscriptions as easily as they signed up for them. This rule covers most negative option...more
On September 24, 2024, Governor Gavin Newsom signed into law Assembly Bill No. 2863, which will further amend California’s Automatic Renewal Law (ARL)....more
As the landscape of artificial intelligence (AI) continues to evolve, it's crucial for businesses to navigate the Federal Trade Commission's (FTC) stance on AI claims. The FTC's Operation AI Comply is cracking down on...more
The Federal Trade Commission (FTC) has recently announced a final rule that, among other things, prohibits the fabrication and manipulation of consumer reviews, testimonials, and the misuse of social media indicators in...more
9/18/2024
/ Advertising ,
Compliance ,
Consumer Product Companies ,
Endorsements ,
Fake Reviews ,
Federal Trade Commission (FTC) ,
Final Rules ,
Marketing ,
Online Reviews ,
Testimonial Statements ,
Unfair or Deceptive Trade Practices