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High Wire Act
FEATURED
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 analysis of the text and legislative history of the Wire Act, OLC concluded that Congress intended the Wire Act to apply only to sports-based gambling activity. 35 Op.O.L.C. 1(2011).[1] In reaching that conclusion, OLC found that Congress had clearly and directly focused upon off-track betting on horse races, as well as the expected negative effect…
Robert Ward on Helping iGaming Clients Outmaneuver Lawsuit-Obsessed Adversaries
September 8, 2026
Robert Ward on Helping iGaming Clients Outmaneuver Lawsuit-Obsessed Adversaries
By: Ifrah Law
Today’s iGaming companies face new litigation threats as expansive consumer protection statutes spark lawsuits with sky’s-the-limit aspirations, sometimes backed by private funders. Clients of Ifrah Law have a staunch defender in Robert Ward – an agile litigator and case tactician who responds to the changing state of play with creative legal defenses and efficient case-closing strategies. Robert draws on federal clerkship experience and appellate defense…
In the Market for Judicial Review: Circuit Split on CFTC Preemption Makes SCOTUS a Predictable Destination
September 1, 2026
In the Market for Judicial Review: Circuit Split on CFTC Preemption Makes SCOTUS a Predictable Destination
By: John Mikuta
The ongoing legal battle over whether the federal Commodity Futures Trading Commission (“CFTC”) or state regulators have the authority to regulate sports-related prediction markets is heating up. Last week, the U.S. Court of Appeals for the Ninth Circuit turned away a challenge by Kalshi, the largest prediction market in the United States, to the Nevada Gaming Control Board’s letter ordering it to cease and desist…
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…
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,…
