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ARTICLE · 05 DECEMBER 2025

Online Gaming Litigation: Plaintiffs' Next Big Bet

Arnold & Porter
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Online gaming has become one of the fastest-growing industries in the country, and now one of the most legally exposed.

United StatesMedia, Telecoms, IT, Entertainment
David A. Kerschner
David A. Kerschner
Jason Ross
Jason Ross
Tommy Huynh
Tommy Huynh
Alex Whisnant
Alex Whisnant
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Online gaming has become one of the fastest-growing industries in the country, and now one of the most legally exposed. Plaintiffs are adapting strategies from tobacco and social media litigation to target gaming operators, focusing on platform marketing, design, and management.

This article provides an overview of the claims being filed, the legal and factual challenges plaintiffs are likely to face, and the steps companies can take to mitigate risk before becoming litigation targets.

Since 2018, 38 states have legalized online gaming in some form and that number continues to grow. This rapidly evolving legal landscape has fueled the rise of online gaming operators. In 2024, the industry generated nearly $14 billion in revenue, and by Aug. 2025, sports gaming revenue was already up more than $1 billion year-over-year.

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