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CFTC Opens the Door for Passive Software Providers in Derivatives Markets

CFTC Opens the Door for Passive Software Providers in Derivatives Markets

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…

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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…

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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…

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This Fall’s Sports Betting Lineup Could Include 5 New States

August 26, 2021

This Fall’s Sports Betting Lineup Could Include 5 New States

By: Sara Dalsheim

The sports wagering industry in the United States will be significantly expanded by the end of this year.  This NFL season, fans in up to five new states may be able to legally bet on games from their own personal mobile device and/or desktop computer.  Since the Supreme Court’s ruling in mid-2018 the legal sports betting market has taken off exponentially including the introduction of…

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Arizona Provides Ancillary Suppliers with New Short Form Application

August 24, 2021

Arizona Provides Ancillary Suppliers with New Short Form Application

By: Sara Dalsheim

On the afternoon of Friday August 20, 2021, nearly three weeks prior to launch of legal event wagering in the state, the Arizona Department of Gaming (“Department”) announced the release of a new short form licensing application for ancillary suppliers.  The form may be used by affiliates, geofence providers, identity verification service providers, independent test laboratories, integrity monitoring providers, marketing affiliates, and any other person…

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Twitch Bans Casino Game Links in First Step Toward Improved Regulation of Gambling Content

August 13, 2021

Twitch Bans Casino Game Links in First Step Toward Improved Regulation of Gambling Content

By: Jacob Grubman

Video game streaming platform Twitch has issued a new rule prohibiting the sharing of links and referral codes to sites offering certain casino games, signaling an increased focus on a gambling streaming market that had caught fire in recent months. “To prevent harm and scams created by questionable gambling services that sponsor content on Twitch, we will prohibit sharing links and/or referral codes to sites…

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How does a Supplier Register to Participate in CT iGaming and Sports Betting?

July 15, 2021

How does a Supplier Register to Participate in CT iGaming and Sports Betting?

By: Sara Dalsheim

Connecticut legalized sports betting this year and is hoping to launch in time for the 2021 NFL season.  However, the registration process for operators and suppliers has yet to be set forth.  The focus in Connecticut is largely on licensing fantasy operators in time for the 2021 NFL season.  As a result of protests from players in the fantasy sports industry, Connecticut lawmakers added a…

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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…

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Articles and Presentations by Our Firm Attorneys

CFTC Opens the Door for Passive Software Providers in Derivatives Markets

CFTC Opens the Door for Passive Software Providers in Derivatives Markets
By: John Mikuta

Trust the Future You Trade: Lessons About Prediction Market Surveillance from the DACOM Summit

Trust the Future You Trade: Lessons About Prediction Market Surveillance from the DACOM Summit
By: John Mikuta

High Wire Act

High Wire Act
By: James Trusty

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