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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…
YouTube Fills Federal Policing Void on Gambling
March 17, 2025
YouTube Fills Federal Policing Void on Gambling
By: Sara Dalsheim
The ultimate inhibitor of the regulated gambling industry is the illegal ever-present offshore market. The regulated industry has been consistently asking for assistance from law enforcement to assist them in stamping out the illegal market – that, unlike the regulated industry, is not required to abide by any of the mechanisms that protect consumers. The federal government has failed to answer the call, so the…
Seismic Shift on Lottery Courier Services in Texas
February 25, 2025
Seismic Shift on Lottery Courier Services in Texas
By: Ifrah Law
On Monday, February 24, the Texas Lottery Commission’s Executive Director, Ryan Mindell, announced that the Commission was exercising its discretionary authority under the State Lottery Act to keep the Texas Lottery honest, secure, and fair “by prohibiting lottery ticket courier services,” effective immediately. The Commission plans to give effect to the prohibition through administrative adjudication and notice-and-comment rulemaking. Mindell conveyed the news in a Policy…
The Gambling Industry’s Regulatory Lessons for Cryptocurrency
February 24, 2025
The Gambling Industry’s Regulatory Lessons for Cryptocurrency
By: Sara Dalsheim
While most of American population has mixed feelings on the results of the 2024 election; the cryptocurrency (“crypto”) industry does not. Crypto companies made up one-third of all direct corporate contributions to political action committees, and it resulted in 85% of all winning congressional candidates being supporters of the crypto industry. So, what does the win mean? Likely, a clear regulatory authority and rules over…
Crypto’s Gamble Pays Off: SEC Enforcement Stalls Under Trump Administration
February 21, 2025
Crypto’s Gamble Pays Off: SEC Enforcement Stalls Under Trump Administration
By: Jake Gray
The cryptocurrency industry’s political bet on Trump appears to be paying early dividends in his administration’s first month. The Securities Exchange Commission’s (“SEC”) rapid pivot–reorganizing its enforcement units and pausing major crypto litigation–signals a dramatic shift in the agency’s approach to digital asset regulation. In the past, we have analyzed several enforcement actions by the SEC against cryptocurrency companies that issued their own tokens. Our…
The Election Betting Experiment: Will Congress Rebottle This Genie?
January 8, 2025
The Election Betting Experiment: Will Congress Rebottle This Genie?
By: Jake Gray
Just this fall, Americans in all 50 states were able to put their money where they mouth was on the outcome of the 2024 Presidential Election—what many news outlets call, and even one platform itself has called, election betting. Betting, notably, is not legal in all 50 states. Before the Supreme Court’s ruling, sports betting was largely prohibited nationwide under PASPA, with only Nevada and…
