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In the Market for Judicial Review: Circuit Split on CFTC Preemption Makes SCOTUS a Predictable Destination
FEATURED
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 operations in the state of Nevada.[1] The Ninth Circuit held that the lower court did not abuse its discretion in concluding that Kalshi was not entitled to a preliminary injunction because it did not establish a likelihood that the federal Commodity Exchange Act (“CEA”) preempts state gaming regulations. The Ninth Circuit’s ruling stands in direct…
A Ticket to Win: Are Travel Points a Thing of Value?
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…
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…
New Sports Betting Options as NFL Season Takes Off
August 27, 2024
New Sports Betting Options as NFL Season Takes Off
By: Jake Gray
The 2024-2025 NFL season is fast approaching—kickoff is set for Thursday night, September 5th, between the Baltimore Ravens and Kansas City Chiefs in which MVP quarterbacks Lamar Jackson and Patrick Mahomes will duel it out for the fifth time. This is their first matchup since the Chiefs knocked the Ravens out of the playoffs in the AFC Championship Game for the chance to play in…
Too Late to Get Licensed for the 2024 NFL Season?
August 22, 2024
Too Late to Get Licensed for the 2024 NFL Season?
By: Sara Dalsheim
Each NFL season, as more states join the legalized sports betting market, there are record-breaking numbers in wagering related revenue. Along with the rise in the number of states and revenues, there are more vendors and suppliers eager to work with and offer their products/services to the sports wagering operators. However, what these vendors may not realize are the regulatory barriers at play in such…
Gambling, Sports Betting, and America’s Evolving View
August 21, 2024
Gambling, Sports Betting, and America’s Evolving View
By: Steven Eichorn
No less an authority than the Supreme Court has posited that “Americans have never been of one mind about gambling, and attitudes have swung back and forth.”[1] Shifting considerably over time, America’s views and social acceptance of gambling builds on a nearly 100-year trend towards the expansion of legalized gambling. By the end of the 19th century, American society viewed gambling as a moral failure…
Massachusetts Gaming Commission Signals Intent to Regulate Sports Wagering Limits and Invites Operators to Join the Conversation
August 2, 2024
Massachusetts Gaming Commission Signals Intent to Regulate Sports Wagering Limits and Invites Operators to Join the Conversation
By: Abbey Block
At a public meeting held on August 1st, members of the Massachusetts Gaming Commission (the “Commission”) voiced their frustration with sports betting operators’ unwillingness to publicly discuss their position on the issue of bettor and wager limits. Although the Commission has yet to propose any rules that would limit the operators’ ability to impose wager limits on certain bettors, it has indicated its interest in…
Protection or Censorship? – New Child Protection Law Sparks First Amendment Debate
July 31, 2024
Protection or Censorship? – New Child Protection Law Sparks First Amendment Debate
By: Abbey Block
As this congressional session draws to a close, legislators are debating a new bill aimed at protecting kids and teens from the dangers of the Internet and social media. If enacted, the bill known as the Kids’ Online Safety Act (“KOSA”), would impose a “duty of care” on online platforms, requiring them to take affirmative steps to mitigate harm to their users who are under…
