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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…
Super Bowl LVIII’s Record-Breaking Number of Bettors Illustrates Benefits and Success of Legalization
February 7, 2024
Super Bowl LVIII’s Record-Breaking Number of Bettors Illustrates Benefits and Success of Legalization
By: Jake Gray
In the five or so years since the Supreme Court overturned the Professional and Amateur Sports Protection Act (PASPA) in Murphy v. NCAA, which gave way for state legislatures to legalize sports betting, more than 35 states have done so. Each successive year seems to be a record breaker for the sports betting industry as states continue to legalize and regulate the industry, offering a…
North Carolina Welcomes Digital Marketing Affiliates
January 31, 2024
North Carolina Welcomes Digital Marketing Affiliates
By: Sara Dalsheim
In June 2023 the North Carolina legislature passed an act to legalize sports wagering and issue appropriate implementing regulations for the new regulated industry. In the fall of 2023, the Sports Betting Committee of the North Carolina Lottery Commission (“Commission”) issued their first package rules. Those rules included language that would have made it infeasible for marketing affiliates to enter into agreements and participate in…
Cross-Border Acquisition Helps Canadian Firm Gain Traction in U.S. iGaming Markets
January 10, 2024
Cross-Border Acquisition Helps Canadian Firm Gain Traction in U.S. iGaming Markets
By: Jeff Ifrah
A Canada-based payment technology company successfully expanded into the lucrative, and highly regulated, U.S. iGaming market by working with Ifrah Law to plan and execute the $370 million acquisition of a U.S.-based iGaming payments-processing expert. Since its founding 2003, Canadian fintech company Nuvei Technologies has grown into a potent business accelerator for clients around the world. The company offers flexible, scalable payment processing solutions that…
iGaming Company Takes on State Licensing Commission’s Rejection – Achieves Rare Victory
November 20, 2023
iGaming Company Takes on State Licensing Commission’s Rejection – Achieves Rare Victory
By: Jeff Ifrah
Ifrah Law’s litigation experience and broad knowledge of gaming licensing laws and procedures rescued a client from an unfair application denial, which would have frozen the company out of a major state’s market and tarnished the CEO’s reputation among licensing boards in other states. A successful iGaming company had nearly completed the rigorous registration process required to operate in one of the most populous states…
Maryland Report Supports iGaming Expansion – Should More States Start to Consider Legalization?
November 17, 2023
Maryland Report Supports iGaming Expansion – Should More States Start to Consider Legalization?
By: Sara Dalsheim
In its effort to legalize online slot machines, table games, and poker (“iGaming”), the Maryland Lottery and Gaming Control Agency (“MLGCA”) hired the Innovation Group to create a wide-ranging report that would analyze the projected Maryland market, provide legislative and rule recommendations, and summarize both best practices and pitfalls to avoid in launching iGaming in Maryland (“Report”). The Report, released on November 15, 2023, reviewed…
