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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…
Google Now Allows Daily Fantasy Sports Advertisements in Limited States
July 18, 2024
Google Now Allows Daily Fantasy Sports Advertisements in Limited States
By: Jordan Briggs
On July 15, 2024, Google Ads updated its Gambling and games policy (the “Policy”)[1] to allow Daily Fantasy Sports (“DFS”) and lottery couriers to advertise in certain US states. Advertisers for DFS or lottery couriers must be licensed by at least one state and certified with Google prior to running these ads. Even after these steps, DFS advertisers may only advertise in seventeen states. The…
Six Ways to Delay a Supplier’s Licensure to Service Gaming Operators
July 5, 2024
Six Ways to Delay a Supplier’s Licensure to Service Gaming Operators
By: Jeffrey Hamlin
Ifrah Law specializes in matters related to sports betting and gaming, so it is no surprise that we have helped many businesses apply for and obtain the credentials they need to service the gaming industry. Because gambling is generally a matter of state law, entities that want to participate in that industry must go through the licensure process in every state in which they want…
Ontario Lottery Survives Legal Challenge by the Mohawk Council of the Kahnawà:ke
May 20, 2024
Ontario Lottery Survives Legal Challenge by the Mohawk Council of the Kahnawà:ke
By: Jeffrey Hamlin
The Ontario Superior Court handed a clean victory to Ontario’s internet gaming (“iGaming”) regulator and Attorney General last Monday, when it declared that Ontario’s regime for online gaming comports with Canada’s Constitution and Criminal Code. The much-anticipated decision disposed of a lawsuit that the Mohawk Council of Kahnawà:ke (the “Council”) filed in November 2022, alleging that (i) Canadian law prohibits lottery schemes (to include sports…
Sports Betting Advertisement Numbers Actually Decreasing
May 2, 2024
Sports Betting Advertisement Numbers Actually Decreasing
By: Jordan Briggs
Legal online sportsbetting, is still relatively new in America.[1] Over the last six years, as more states have legalized online sportsbetting, Americans have noticed more and more ads, leaving some feeling inundated with these ads.[2] But have Americans really seen more online sportsbetting ads, or have they only noticed more ads? Today, the American Gaming Association (“AGA”) published a summary of its research finding that…
Ad-Tech Europe: The Moving Target Marking Targeted Advertising
April 26, 2024
Ad-Tech Europe: The Moving Target Marking Targeted Advertising
By: Nicole Kardell
The European Data Protection Board (“EDPB”) recently published an opinion on the legality of pay-or-consent models for online platforms offering services in Europe. While the opinion is non-binding and limited to “large online platforms[1],” companies that offer platforms large and small in Europe should pay attention to the EDPB’s analysis—it will inform their future guidance for entities large and small. The upshot: Pay-or-consent models [for…
