Insights < BACK TO ALL INSIGHTS
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…
Ifrah Law Interviews David Purdum on Sports Integrity
March 22, 2024
Ifrah Law Interviews David Purdum on Sports Integrity
By: Jake Gray
The stakes have never been higher for sports leagues and athletes to maintain the integrity of their contests. The mere possibility of thrown games, points shaven, or dishonest referee calls turns many bettors into pseudo-detectives, scrutinizing outcomes on behalf of their lost wagers. We interviewed David Purdum, an investigative journalist who writes on the sports betting industry for ESPN, for his thoughts on sports integrity…
Are Lottery Courier Services the Next Big Thing?
March 19, 2024
Are Lottery Courier Services the Next Big Thing?
By: Steven Eichorn
On February 15, 2024, DraftKings announced that it would acquire lottery app Jackpocket (which is a lottery courier services provider- i.e. it enables customers to obtain lottery tickets such as PowerBall and MegaMillions directly from their mobile app) for about $750 million in cash and stock. The company said it would pay about 55% of the consideration in cash and the remainder in common stock….
Investment Giant Clears State Regs, Gains Major iGaming Equity Stake
March 4, 2024
Investment Giant Clears State Regs, Gains Major iGaming Equity Stake
By: Jeff Ifrah
The world’s largest alternative asset manager was poised to make a major move in the iGaming space by investing in a leading geolocation company. The financial pathway for the envisioned investment was clear, but a transaction would require multiple state-level approvals. Ifrah Law drew on its deep experience in gaming law and working with regulators nationwide to lower the client’s approval burden and keep the…
When Gamers Become Plaintiffs – Arbitration Clauses for the Win
February 23, 2024
When Gamers Become Plaintiffs – Arbitration Clauses for the Win
By: Michelle Cohen
Online businesses, including gaming companies, frequently include arbitration clauses in their “terms and conditions” or other policies when consumers register for their services. These clauses notify users that disputes will be subject to private arbitration by an appointed neutral arbitrator, usually the American Arbitration Association or JAMS. Businesses favor arbitration for several reasons, including reduced costs of litigation, expediency, confidentiality, and requiring that matters be…
Fast-Paced, Multi-Pronged Partnership Deal Lets London Financial Giant Access U.S. iGaming Market
February 15, 2024
Fast-Paced, Multi-Pronged Partnership Deal Lets London Financial Giant Access U.S. iGaming Market
By: Jeff Ifrah
A global payment processor—#11 on CNBC’s 2022 Disruptor 50 list—sought out Ifrah Law for a pathway into payment processing for regulated sports betting operators in the U.S. iGaming market. Ifrah Law mapped a licensing and compliance strategy, kindled a partnership with one of America’s biggest sports brands, and orchestrated a seamless entry into the lucrative payment processing realm for leading companies in regulated sports betting….
