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CFTC Opens the Door for Passive Software Providers in Derivatives Markets
FEATURED
September 28, 2026
CFTC Opens the Door for Passive Software Providers in Derivatives Markets
By: John Mikuta
In a new no-action letter, the Commodity Futures Trading Commission (“CFTC”) recently opened the door for software developers building software to facilitate trading in derivatives and futures. The CFTC’s Market Participants Division (“MPD”) issued a no-action position providing that it would not recommend bringing an enforcement action against a “passive software provider,” or “PSP”, for failing to register as an introducing broker (“IB”) or associated person of an IB under the Commodity Exchange Act (“CEA”).[1] As background, the CEA requires any person who, for compensation or profit, “is engaged in soliciting and in accepting orders” for futures and swaps to register as an IB.[2] Individuals performing that work for an IB must also register themselves as associated persons.[3] The CFTC…
Trust the Future You Trade: Lessons About Prediction Market Surveillance from the DACOM Summit
September 23, 2026
Trust the Future You Trade: Lessons About Prediction Market Surveillance from the DACOM Summit
By: John Mikuta
Prediction markets are no longer a niche offering confined to a small corner of the internet. The rapid growth of prediction markets has launched them into the mainstream as a meaningful part of the financial ecosystem. But with that growth comes many of the same market integrity and compliance challenges that more traditional financial markets have long encountered. Prediction markets have faced public scrutiny over…
High Wire Act
September 22, 2026
High Wire Act
By: James Trusty
The federal statute known as the Wire Act (18 U.S.C. § 1084) has had a tumultuous history. For many years, the DOJ interpreted it to include restrictions on both sporting events and non-sporting contests. That changed dramatically in 2011, when the Office of Legal Counsel (“OLC”), responding to states seeking clarification before establishing state lotteries, published an analysis of the Wire Act. After a thorough…
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….
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…
