CFTC Sends Message to Prediction Markets: You Are Not a Sportsbook

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 advertising, listing, or transacting event contracts.  The notice highlights the CFTC’s growing concerns about the promotion of event contracts using the “American odds” format associated with sports betting and casino operators rather than nominal or percentage terms that reflect market pricing.  The notice stresses that this practice could create confusion about the nature of the…

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Nicole Kardell on Keeping iGaming Clients Nimble Amidst Ever-Evolving Privacy Regulations 

August 3, 2026

Nicole Kardell on Keeping iGaming Clients Nimble Amidst Ever-Evolving Privacy Regulations 

By: Ifrah Law

For iGaming companies, protecting customer privacy is paramount: Nicole Kardell acts as their guardian against federal, state and civil actions that could damage their reputations and profitability. Nicole performs on the leading edge of privacy law, helping to keep Ifrah’s clients in compliance with U.S. and international regulations governing the handling of customers’ confidential information. A certified privacy professional with expertise in European privacy law…

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Betting on Technology: Bipartisan Proposal for Requiring Facial Recognition to Keep Minors from Wagering Online

July 29, 2026

Betting on Technology: Bipartisan Proposal for Requiring Facial Recognition to Keep Minors from Wagering Online

By: Lauren Scribner

“As every parent knows, when you tell a kid not to do something, they almost always end up trying to do it,” said Congresswoman Kristen MacDonald Rivet (MI-8) about the recently introduced bipartisan “Facial Recognition to Protect Children Act” (“proposed Act”).[1] She continued, “[k]ids under the age of 18 shouldn’t be making bets, but now it’s just a few taps away on their phones. Our…

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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…

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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…

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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,…

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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…

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When Sports Bettors Win, So Does the IRS

October 7, 2024

When Sports Bettors Win, So Does the IRS

By: Ifrah Law

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…

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Articles and Presentations by Our Firm Attorneys

CFTC Sends Message to Prediction Markets: You Are Not a Sportsbook

CFTC Sends Message to Prediction Markets: You Are Not a Sportsbook
By: John Mikuta

Nicole Kardell on Keeping iGaming Clients Nimble Amidst Ever-Evolving Privacy Regulations 

Nicole Kardell on Keeping iGaming Clients Nimble Amidst Ever-Evolving Privacy Regulations 
By: Ifrah Law

Betting on Technology: Bipartisan Proposal for Requiring Facial Recognition to Keep Minors from Wagering Online

Betting on Technology: Bipartisan Proposal for Requiring Facial Recognition to Keep Minors from Wagering Online
By: Lauren Scribner

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