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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…
Did the Supreme Court Just Clear the Way for Student Athletes to Promote Sports Betting?
June 24, 2021
Did the Supreme Court Just Clear the Way for Student Athletes to Promote Sports Betting?
By: Sara Dalsheim
The Supreme Court’s recent ruling in NCAA v. Alston, et al. could be the catalyst that transforms the NCAA’s student athlete regulation of the benefits/compensation provided to college athletes. The Court, in a decision written by Justice Neil Gorsuch, upheld the lower courts’ ruling that the NCAA violates antitrust laws by placing limits on the education-related benefits schools can offer to their athletes. Colleges and…
NJ Gaming Chief: “It’s a Wonderful World to Be an iGaming Operator”
June 11, 2021
NJ Gaming Chief: “It’s a Wonderful World to Be an iGaming Operator”
By: Jacob Grubman
With a new bill authorizing online gaming in New Jersey for the first time in 2013, Department of Gaming Enforcement Director David Rebuck and his staff went looking for ways to assuage industry concerns that online firms would “cannibalize” business from the already-struggling retail operations in Atlantic City. “It was going to cannibalize it, intuitively: ‘We’re going to lose people; they’re not going to come…
Will New Jersey be the center of the Esports Universe? According to the Head of the NJ Division of Gaming Enforcement, that’s the goal
May 26, 2021
Will New Jersey be the center of the Esports Universe? According to the Head of the NJ Division of Gaming Enforcement, that’s the goal
By: Nicole Kardell
The EGR’s East Coast Virtual Briefing 2021, took place May 26, 2021 with a packed agenda, including revealing the winner of the Ifrah Pitch Competition. We wanted to provide some highlights on developments in esports as a gambling vertical. Esports was the focus of a Q&A session hosted by Chris Grove, a partner at Eilers & Krejcik Gaming. Grove interviewed the director of New Jersey…
Coming to [North] America: Content Regulation for Gaming Ads and Marketing
April 28, 2021
Coming to [North] America: Content Regulation for Gaming Ads and Marketing
By: Nicole Kardell
The Alcohol and Gaming Commission of Ontario recently published its Draft Registrar’s Standards for Internet Gaming (“Draft Standards”). The purpose of the 50-page document is “to ensure that regulated entities have a sound control environment, and an organizational structure that promotes good governance, accountability and oversight, as well as transparency in dealings with the AGCO.” Among the areas of oversight (which are broad reaching) is…
Following Trend, Arizona Pro Teams Get In On Sports Wagering Action
April 23, 2021
Following Trend, Arizona Pro Teams Get In On Sports Wagering Action
By: Ifrah Law
This article was originally published on Forbes.com on April 16, 2021.
