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CFTC “Special Rule” Interpretation Led to an October Surprise
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October 23, 2024
CFTC “Special Rule” Interpretation Led to an October Surprise
By: Robert Ward
On October 2, 2024, the Court of Appeals for the District of Columbia Circuit issued a decision that permitted KalshiEx LLC (“Kalshi”) to legally offer election contracts, which allow buyers to put down money based on their predictions as to party control of Congress and presidential election results.[1] This decision, and the district court decision that the Commodity Futures Trading Commission (“CFTC”) sought to stay, concern the application of the Commodity Exchange Act’s (“CEA”) “Special Rule,” under which the CFTC can review and prohibit an event contract involving five enumerated activities, including “gaming,” if it determines the contracts are “contrary to the public interest.”[2] Neither the statute nor the CFTC’s regulations define “gaming.” On June 10, 2024, the CFTC issued…
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Stories of successfully resolved iGaming client issues and challenges.
SAFEly symbolic?
October 14, 2024
SAFEly symbolic?
By: Sara Dalsheim
Last month two U.S. lawmakers, Rep. Paul Tonko D-N.Y. and Sen. Richard Blumenthal, D-Conn., introduced the Supporting Affordability and Fairness with Every Bet Act (i.e., the SAFE Bet Act).[1] The Act sought to implement federal minimum standards for all sports betting operators throughout the United States. The lawmakers seemingly put forth the bill because of concerns that citizens are being subject to too many sports…
When Sports Bettors Win, So Does the IRS
October 7, 2024
When Sports Bettors Win, So Does the IRS
By: George Calhoun
Sports betting and adjacent industries have exploded in the United States. One area that continues to cause confusion is the taxation of these businesses – both for the companies and the individual players. For individual bettors, the IRS has clear rules on gambling income that predate the recent explosion of the sports betting industry. In short, the proceeds from a successful sports wager are taxable…
What’s Next for Online Poker Players?
May 5, 2011
What’s Next for Online Poker Players?
By: Ifrah Law
Online poker players in the U.S. were shaken on April 15 when the federal government shut down the country’s three biggest poker websites. Suddenly, players were without their favorite sites and could not access the funds that they kept there. Now, players are beginning to pick up the pieces. Since there is no federal law against playing online poker, many are seeking to return to…
The Great Race: Legal Online Poker Advances in Nevada, Hawaii Legislatures
March 24, 2011
The Great Race: Legal Online Poker Advances in Nevada, Hawaii Legislatures
By: Ifrah Law
Hearing Clarifies Issues in Nevada The Nevada Assembly Committee on Judiciary met on March 24, 2011, to discuss AB 258, which would provide for the licensing and operation of Internet poker in Nevada for the first time. Committee members were, not surprisingly, interested in the possible benefit or harm to Nevada’s existing bricks-and-mortar gaming industry from the legislation – such as the possible creation of…
Online Gaming on Path to Legalization in New Jersey
January 13, 2011
Online Gaming on Path to Legalization in New Jersey
By: Ifrah Law
It appears that New Jersey will very soon become the first state to legalize and regulate Internet gambling. On January 10, 2011, the New Jersey State Assembly overwhelmingly passed an online gaming bill. This bill was passed by the state Senate, also overwhelmingly, late last year, and all that remains for the bill to become law is the expected signature of Governor Chris Christie. The…
A New Turn for Washington State’s Online Poker Law
October 15, 2010
A New Turn for Washington State’s Online Poker Law
By: Ifrah Law
After the unanimous rejection by the Washington State Supreme Court of a lawsuit that attempted to overturn the state’s draconian ban on online poker, proponents of the game now say that they’re going to go to the state legislature and try to get the law repealed, rather than pursue the challenge in the U.S. Supreme Court. On Sept. 23, 2010, the state court rejected the…
Poker, as a Game of Skill, Is Beyond Reach of Gaming Laws
July 9, 2010
Poker, as a Game of Skill, Is Beyond Reach of Gaming Laws
By: Ifrah Law
The highly regarded British publication The Economist has just published an interesting article that strongly makes the case that poker is a game of skill, not a game of chance. The article notes that poker is, of course, big business these days, pointing to a consultant’s estimate that the online poker market amounts to $4.9 billion worldwide, with $1.4 billion of that being spent in…
