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CFTC Opens the Door for Passive Software Providers in Derivatives Markets?
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September 28, 2026
CFTC Opens the Door for Passive Software Providers in Derivatives Markets?
By: John Mikuta
In a new no-action letter, the Commodity Futures Trading Commission (“CFTC”) recently opened the door for software developers building software to facilitate trading in derivatives and futures. The CFTC’s Market Participants Division (“MPD”) issued a no-action position providing that it would not recommend bringing an enforcement action against a “passive software provider,” or “PSP”, for failing to register as an introducing broker (“IB”) or associated person of an IB under the Commodity Exchange Act (“CEA”).[1] As background, the CEA requires any person who, for compensation or profit, “is engaged in soliciting and in accepting orders” for futures and swaps to register as an IB.[2] Individuals performing that work for an IB must also register themselves as associated persons.[3] The CFTC…
Trust the Future You Trade: Lessons About Prediction Market Surveillance from the DACOM Summit
September 23, 2026
Trust the Future You Trade: Lessons About Prediction Market Surveillance from the DACOM Summit
By: John Mikuta
Prediction markets are no longer a niche offering confined to a small corner of the internet. The rapid growth of prediction markets has launched them into the mainstream as a meaningful part of the financial ecosystem. But with that growth comes many of the same market integrity and compliance challenges that more traditional financial markets have long encountered. Prediction markets have faced public scrutiny over…
High Wire Act
September 22, 2026
High Wire Act
By: James Trusty
The federal statute known as the Wire Act (18 U.S.C. § 1084) has had a tumultuous history. For many years, the DOJ interpreted it to include restrictions on both sporting events and non-sporting contests. That changed dramatically in 2011, when the Office of Legal Counsel (“OLC”), responding to states seeking clarification before establishing state lotteries, published an analysis of the Wire Act. After a thorough…
Come on Barbie, Let’s go Gamble: Is gambling advertising allowed in a Barbie world?
August 7, 2023
Come on Barbie, Let’s go Gamble: Is gambling advertising allowed in a Barbie world?
By: Abbey Block
By now, you’ve probably heard that the film Barbie has been a smash hit. Since opening on July 21, 2023, the film has drawn in huge audiences and earned hundreds of millions of dollars. Much of the film’s success has been attributed to a diligent and far-reaching marketing campaign. The film has partnered with several widely known brands such as Target, Airbnb, Burger King, and…
Terraform Labs Ruling Reels Back Ripple Enthusiasm
August 4, 2023
Terraform Labs Ruling Reels Back Ripple Enthusiasm
By: Jake Gray
The recent ruling in SEC v. Ripple Labs had the cryptocurrency industry standing tall. As we discussed recently, however, the Ripple ruling was less favorable – or at least less comprehensive – than it was being portrayed. Another ruling from the Southern District of New York – SEC v. Terraform Labs Pte.Ltd. and Do Hyeong Kwon – has further tapped the breaks on a major…
The Upside to the College Betting Scandals
July 21, 2023
The Upside to the College Betting Scandals
By: Steven Eichorn
In May 2023, several high-profile sports betting scandals involving collegiate athletic personnel, including both coaches and players, came to light, spawning discussions about the relationship between sports integrity and sports betting. Two months after those reports, NCAA President Charlie Baker indicated that the NCAA has found 175 infractions of its sports-betting and gambling policy since 2018, with an additional 17 ongoing investigations. On its surface,…
Ripple Decision Shakes Up US Crypto
July 14, 2023
Ripple Decision Shakes Up US Crypto
By: Jake Gray
In an apparent boon to the cryptocurrency and broader blockchain industries, a judge in the US District Court for Southern New York ruled on Thursday that Ripple Labs Inc. did not violate federal securities laws in the offering and sale of the XRP token on public exchanges, meaning that the token could be relisted on public U.S. exchanges. Indeed, Coinbase, the United States’ largest cryptocurrency…
Thinking of Starting Your Own DFS Company?
July 3, 2023
Thinking of Starting Your Own DFS Company?
By: Sara Dalsheim
The expansion of daily fantasy sports (“DFS”) is on the rise in the United States. As the country prepares for the 2023-24 NFL season, it is around this time we see new products come to the market. Unlike sports betting, launching a DFS product has less regulatory barriers. Although, there are a few key states with regulatory compliance requirements that new contest operators should keep…
