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A Ticket to Win: Are Travel Points a Thing of Value?
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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 Wall Street Journal, this summer’s travel season was “powered” by more than “$38 billion” worth of credit card-powered travel points. Given the increasing popularity with which folks are accumulating and using these travel points, gaming companies may be wondering if there’s a way for them to get in on the action and asking whether their…
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…
CFTC Sends Message to Prediction Markets: You Are Not a Sportsbook
August 11, 2026
CFTC Sends Message to Prediction Markets: You Are Not a Sportsbook
By: John Mikuta
In recent guidance, the Commodity Futures Trading Commission (“CFTC”) has made clear that event contracts offered by regulated prediction-market entities must not be marketed in a format commonly used by casino gambling bookmakers. The CFTC’s Division of Market Oversight and Market Participants Division issued a notice to all CFTC-regulated entities and affiliates regarding their obligations to refrain from engaging in misleading or deceptive practices when…
Our Big Three Predictions for the Online Gaming Industry in 2025
January 6, 2025
Our Big Three Predictions for the Online Gaming Industry in 2025
By: Sara Dalsheim
In 2025, we will celebrate the seventh anniversary of the repeal of PASPA and the resulting increase in legalization and popularity of various offerings in the gaming industry – namely sports wagering and online casino gaming. We predict 2025 will bring the following to the industry: (1) further actions from state authorities to fight back against the illegal offshore market; (2) further clarifications from state…
“The Devil Made Me Bet It” – the Third Circuit Considers Arguments in Bettor’s Case Against Casino
December 16, 2024
“The Devil Made Me Bet It” – the Third Circuit Considers Arguments in Bettor’s Case Against Casino
By: Abbey Block
Can a casino be held liable for encouraging its patrons to gamble, particularly when those patrons exhibit signs of problem gambling? That is the question the Third Circuit Court of Appeals was left to contemplate following oral arguments in the case of Antar v. The Borgata Hotel Casino and Spa, LLC et al., which took place last week.[1] The plaintiff in the case, Sam Antar,…
Missouri Votes for Legalized Online and Retail Sports Betting
November 6, 2024
Missouri Votes for Legalized Online and Retail Sports Betting
By: Sara Dalsheim
Yesterday, the citizens of Missouri voted in favor of Amendment 2 to legalize online and retail sports betting by a small margin of under 7,500 votes. Missouri is now set to be the 39th state to legalize sports betting. Under the amendment, the retail and online sports wagering rights were granted to Missouri casinos and professional sports teams, each with the right to have one…
A Modest Proposal to Reduce AI Liability: Add Warnings
November 4, 2024
A Modest Proposal to Reduce AI Liability: Add Warnings
By: Abbey Block
CONTENT WARNING: This blog includes discussion of suicide.[1] Imaginary friends are a common staple of childhood. Indeed, many children invoke the companionship of imaginary friends – relying on their creativity and imagination for entertainment and friendship. However, nowadays, young people no longer need to rely solely on their own creativity to conjure up a fictional companion. Rather, generative artificial intelligence (“AI”) programs such as Character.AI…
CFTC “Special Rule” Interpretation Led to an October Surprise
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,…
