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The Briefing: The Polymarket Influencer Scandal: Fake Bets, Real Liability

By Scott Hervey & Richard Buckley on September 25, 2026
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In this episode of The Briefing, Weintraub Tobin Partners Scott Hervey and Richard D. Buckley, Jr. break down the growing legal scrutiny around Polymarket, including allegations involving fabricated trading videos, undisclosed influencer payments, and coordinated reposting networks.

In this episode, they cover:

  • How undisclosed sponsorships and clipping networks raise FTC disclosure and consumer protection issues
  • Why Polymarket’s prior CFTC consent order and new litigation could increase its legal exposure
  • What the case could mean for creators, brands, and the broader debate over whether prediction markets are commodities or gambling

Tune in for a clear look at where influencer marketing, consumer protection law, and prediction market regulation collide.

Watch this episode on our YouTube or listen to the podcast here.

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Photo of Scott Hervey Scott Hervey

Scott Hervey is a corporate and intellectual property attorney at Weintraub Tobin who works with companies in a variety of different industries. His clients include wineries, restaurants, technology companies, and entertainment/new media ventures. Scott has led his clients through hundreds of matters involving…

Scott Hervey is a corporate and intellectual property attorney at Weintraub Tobin who works with companies in a variety of different industries. His clients include wineries, restaurants, technology companies, and entertainment/new media ventures. Scott has led his clients through hundreds of matters involving complex acquisitions, licensing, financings, and other transactions. He also assists clients in protecting their valuable brands through trademark infringement litigation, domain name infringement arbitration, and proceedings before the United States Patent and Trademark Office and Trademark Trial and Appeals Board. He discusses IP Law topics on the weekly video series The Briefing.

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Photo of Richard Buckley Richard Buckley

Richard Buckley is a shareholder in the Firm’s Litigation practice group. In his 25-plus-years as a litigator, Richard has served as lead counsel in hundreds of matters and has served a wide variety of clients, including professional sports arenas and teams, automotive dealerships…

Richard Buckley is a shareholder in the Firm’s Litigation practice group. In his 25-plus-years as a litigator, Richard has served as lead counsel in hundreds of matters and has served a wide variety of clients, including professional sports arenas and teams, automotive dealerships, commercial real estate landlords and tenants, event marketers, manufacturers, a market research firm, entertainers and real estate developers.

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  • Posted in:
    Antitrust, Competition and Trade, Banking, Finance and Securities
  • Blog:
    The IP Law Blog
  • Organization:
    Weintraub Tobin
  • Article: View Original Source

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