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Responsible Gaming Posts
CFTC Opens the Door for Passive Software Providers in Derivatives Markets
Sep 28, 2026
CFTC Opens the Door for Passive Software Providers in Derivatives Markets
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…
High Wire Act
Sep 22, 2026
High Wire Act
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,…
Robert Ward on Helping iGaming Clients Outmaneuver Lawsuit-Obsessed Adversaries
Sep 8, 2026
Robert Ward on Helping iGaming Clients Outmaneuver Lawsuit-Obsessed Adversaries
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…
In the Market for Judicial Review: Circuit Split on CFTC Preemption Makes SCOTUS a Predictable Destination
Sep 1, 2026
In the Market for Judicial Review: Circuit Split on CFTC Preemption Makes SCOTUS a Predictable Destination
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…
A Ticket to Win: Are Travel Points a Thing of Value?
Aug 21, 2026
A Ticket to Win: Are Travel Points a Thing of Value?
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…
Advertising Prediction Markets? The CFTC Just Sent a Clear Message to Affiliates.
Aug 17, 2026
Advertising Prediction Markets? The CFTC Just Sent a Clear Message to Affiliates.
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),…
CFTC Sends Message to Prediction Markets: You Are Not a Sportsbook
Aug 11, 2026
CFTC Sends Message to Prediction Markets: You Are Not a Sportsbook
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…
Betting on Technology: Bipartisan Proposal for Requiring Facial Recognition to Keep Minors from Wagering Online
Jul 29, 2026
Betting on Technology: Bipartisan Proposal for Requiring Facial Recognition to Keep Minors from Wagering Online
“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…
Massachusetts Explores iGaming Legalization: Opportunities, Risks, and Next Steps
Jun 26, 2026
Massachusetts Explores iGaming Legalization: Opportunities, Risks, and Next Steps
Massachusetts Explores iGaming Legalization: Opportunities, Risks, and Next Steps As states consider legalizing iGaming, legislatures must consider not only whether to legalize but also how the industry should be regulated. While legalization presents opportunities for increased tax revenue and consumer protections, it also raises concerns about responsible gaming, youth exposure, and enforcement against illegal operators….
Sunshine, Strategy, and Handshakes: Reflections on SBC Summit Americas 2026
Jun 23, 2026
Sunshine, Strategy, and Handshakes: Reflections on SBC Summit Americas 2026
There is something irreplaceable about the energy of a live industry event, and this year’s SBC Summit Americas in Fort Lauderdale delivered. From June 9–11, the Broward County Convention Center became the epicenter of the gaming, sports wagering, and iGaming worlds. While the South Florida sunshine was a welcome backdrop, the real heat was inside…
