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In the Market for Judicial Review: Circuit Split on CFTC Preemption Makes SCOTUS a Predictable Destination
FEATURED
September 1, 2026
In the Market for Judicial Review: Circuit Split on CFTC Preemption Makes SCOTUS a Predictable Destination
By: John Mikuta
The ongoing legal battle over whether the federal Commodity Futures Trading Commission (“CFTC”) or state regulators have the authority to regulate sports-related prediction markets is heating up. Last week, the U.S. Court of Appeals for the Ninth Circuit turned away a challenge by Kalshi, the largest prediction market in the United States, to the Nevada Gaming Control Board’s letter ordering it to cease and desist operations in the state of Nevada.[1] The Ninth Circuit held that the lower court did not abuse its discretion in concluding that Kalshi was not entitled to a preliminary injunction because it did not establish a likelihood that the federal Commodity Exchange Act (“CEA”) preempts state gaming regulations. The Ninth Circuit’s ruling stands in direct…
A Ticket to Win: Are Travel Points a Thing of Value?
August 21, 2026
A Ticket to Win: Are Travel Points a Thing of Value?
By: Abbey Block
With the end of summer drawing near, many American families may be hoping to book a last-minute getaway. Some of those travelers may be hoping to take advantage of credit card points to book their trips on the cheap. Credit card points have become a ubiquitous part of American capitalism – particularly those offered by airlines, often referred to as “travel points.” According to the…
Advertising Prediction Markets? The CFTC Just Sent a Clear Message to Affiliates.
August 17, 2026
Advertising Prediction Markets? The CFTC Just Sent a Clear Message to Affiliates.
By: Kyra Pulliam
The Commodity Futures Trading Commission (CFTC) recently issued guidance directed to designated contract markets (DCMs) concerning the marketing and offering of event contracts. The guidance was addressed to DCMs because no swap execution facilities (SEFs) currently list event contracts. However, the CFTC’s analysis is equally applicable to futures commission merchants (FCMs) and introducing brokers (IBs), as well as the advertising affiliates and marketing partners that…
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…
Circuit Court for the District of D.C. Upholds Compact: What this Means for Sports Betting in Florida
June 30, 2023
Circuit Court for the District of D.C. Upholds Compact: What this Means for Sports Betting in Florida
By: Abbey Block
Today, the Court of Appeals for the D.C. Circuit issued a decision in West Flagler Associates, Ltd. v. Haaland, that will have meaningful implications for the future of online sports betting in Florida along with the interpretation of the Indian Gaming Regulatory Act (“IGRA”). By way of background, in the spring of 2021, the State of Florida and the Seminole Tribe announced a compact under IGRA purporting…
Ifrah Law on Web3: Web3 Gaming
June 29, 2023
Ifrah Law on Web3: Web3 Gaming
By: Jake Gray
What We’ve Covered In the initial two blog posts of this series, we explored the fundamentals of the World Wide Web, focusing on its iterative issues and solutions as the technology evolved. We charted the history of the Web briefly, from its early stages of relatively isolated, static, and read-based websites to today’s rather centralized, interconnected, write-based websites, highlighting the underlying reasons and innovations behind…
Is Sports Wagering Regulation and Legalization Leading to More Sports Integrity?
May 25, 2023
Is Sports Wagering Regulation and Legalization Leading to More Sports Integrity?
By: Sara Dalsheim
During the debate to legalize sports wagering in the United States opponents claimed that it would lead to increased corruption and match fixing in sports. However, Sportsradar’s annual Betting Corruption and Match-Fixing Integrity Services Report for 2022[1] revealed that the number of suspicious matches has declined in North America. According to the Report the number of suspicious matches in North America declined 25% compared to…
NFL Gambling Policy Can Benefit From Small Modification
May 10, 2023
NFL Gambling Policy Can Benefit From Small Modification
By: Steven Eichorn
Recently, the NFL suspended five players for violations of the league’s gambling policy. Three players received indefinite bans (with the right to apply for reinstatement after the 2023 season) because they were caught betting on NFL games in the 2022 season, while two other players received six-game suspensions for betting on non-NFL games at a league facility (i.e., they were betting on college games at…
