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Gambling on Skill: Enforcement of Gambling Laws Against Skill Games in Outlier States
FEATURED
March 10, 2026
Gambling on Skill: Enforcement of Gambling Laws Against Skill Games in Outlier States
By: Jordan Briggs
In many states, people can legally pay entry fees to participate in a skill game and win cash prizes. For most states that allow participants to wager on their own skilled gameplay, the analysis for whether a certain game qualifies as a legal skill game turns on whether the game is one of chance or of skill. Each state has its own test to determine if a game is chance or skill, but these tests fall into three categories. The most common test is the “predominant factor” test, which recognizes that all games have some element of chance but hinges on whether skill dominates the contest. If factors like superior knowledge, dexterity, and practice contribute largely to the outcome (i.e.,…
CFTC Plants the Flag on Regulating Prediction Markets
March 4, 2026
CFTC Plants the Flag on Regulating Prediction Markets
By: John Mikuta
On February 25, 2026, the Commodity Futures Trading Commission (“CFTC”), the governmental body primarily responsible for overseeing prediction markets, took a significant step toward consolidating its authority to oversee trading activities on prediction-market platforms.[1] The CFTC’s Division of Enforcement issued a “Prediction Markets Advisory” describing two enforcement actions brought by Kalshi, the world’s largest prediction market.[2] Both enforcement actions involved trades by Kalshi users who…
Jeff Ifrah Talks iGaming M&A: Opportunities, Strategies, and Smart Plays
February 18, 2026
Jeff Ifrah Talks iGaming M&A: Opportunities, Strategies, and Smart Plays
By: Ifrah Law
One of the best-known power players in iGaming, Jeff Ifrah is both the team captain and the founding MVP of Ifrah Law’s nationally ranked Online Gaming and Sports Betting practice. His strength as a litigator is matched by his depth as a business strategist and counselor. A respected dealmaker, Jeff has helped to incubate, structure and advise on many of the industry’s game-changing M&A transactions…
NCLGS Provides Clarity on their Responsible Gaming and Problem Gambling Resolution
August 8, 2023
NCLGS Provides Clarity on their Responsible Gaming and Problem Gambling Resolution
By: Sara Dalsheim
This past July the National Council of Legislators From Gaming States (NCLGS) Summer Meeting took place in Denver, Colorado. The Meeting occurs twice a year and brings together state legislators, regulators, attorneys, and industry representatives to discuss and confer on developments within the gaming industry. Throughout the Meeting there was an emphasis on responsible gaming and combatting problem gambling. During the first full day of…
Come on Barbie, Let’s go Gamble: Is gambling advertising allowed in a Barbie world?
August 7, 2023
Come on Barbie, Let’s go Gamble: Is gambling advertising allowed in a Barbie world?
By: Abbey Block
By now, you’ve probably heard that the film Barbie has been a smash hit. Since opening on July 21, 2023, the film has drawn in huge audiences and earned hundreds of millions of dollars. Much of the film’s success has been attributed to a diligent and far-reaching marketing campaign. The film has partnered with several widely known brands such as Target, Airbnb, Burger King, and…
Terraform Labs Ruling Reels Back Ripple Enthusiasm
August 4, 2023
Terraform Labs Ruling Reels Back Ripple Enthusiasm
By: George Calhoun
The recent ruling in SEC v. Ripple Labs had the cryptocurrency industry standing tall. As we discussed recently, however, the Ripple ruling was less favorable – or at least less comprehensive – than it was being portrayed. Another ruling from the Southern District of New York – SEC v. Terraform Labs Pte.Ltd. and Do Hyeong Kwon – has further tapped the breaks on a major…
The Upside to the College Betting Scandals
July 21, 2023
The Upside to the College Betting Scandals
By: Steven Eichorn
In May 2023, several high-profile sports betting scandals involving collegiate athletic personnel, including both coaches and players, came to light, spawning discussions about the relationship between sports integrity and sports betting. Two months after those reports, NCAA President Charlie Baker indicated that the NCAA has found 175 infractions of its sports-betting and gambling policy since 2018, with an additional 17 ongoing investigations. On its surface,…
Ripple Decision Shakes Up US Crypto
July 14, 2023
Ripple Decision Shakes Up US Crypto
By: George Calhoun
In an apparent boon to the cryptocurrency and broader blockchain industries, a judge in the US District Court for Southern New York ruled on Thursday that Ripple Labs Inc. did not violate federal securities laws in the offering and sale of the XRP token on public exchanges, meaning that the token could be relisted on public U.S. exchanges. Indeed, Coinbase, the United States’ largest cryptocurrency…
