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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…
Circuit Court for the District of D.C. Upholds Compact: What this Means for Sports Betting in Florida
June 30, 2023
Circuit Court for the District of D.C. Upholds Compact: What this Means for Sports Betting in Florida
By: Abbey Block
Today, the Court of Appeals for the D.C. Circuit issued a decision in West Flagler Associates, Ltd. v. Haaland, that will have meaningful implications for the future of online sports betting in Florida along with the interpretation of the Indian Gaming Regulatory Act (“IGRA”). By way of background, in the spring of 2021, the State of Florida and the Seminole Tribe announced a compact under IGRA purporting…
Ifrah Law on Web3: Web3 Gaming
June 29, 2023
Ifrah Law on Web3: Web3 Gaming
By: Jake Gray
What We’ve Covered In the initial two blog posts of this series, we explored the fundamentals of the World Wide Web, focusing on its iterative issues and solutions as the technology evolved. We charted the history of the Web briefly, from its early stages of relatively isolated, static, and read-based websites to today’s rather centralized, interconnected, write-based websites, highlighting the underlying reasons and innovations behind…
Is Sports Wagering Regulation and Legalization Leading to More Sports Integrity?
May 25, 2023
Is Sports Wagering Regulation and Legalization Leading to More Sports Integrity?
By: Sara Dalsheim
During the debate to legalize sports wagering in the United States opponents claimed that it would lead to increased corruption and match fixing in sports. However, Sportsradar’s annual Betting Corruption and Match-Fixing Integrity Services Report for 2022[1] revealed that the number of suspicious matches has declined in North America. According to the Report the number of suspicious matches in North America declined 25% compared to…
NFL Gambling Policy Can Benefit From Small Modification
May 10, 2023
NFL Gambling Policy Can Benefit From Small Modification
By: Steven Eichorn
Recently, the NFL suspended five players for violations of the league’s gambling policy. Three players received indefinite bans (with the right to apply for reinstatement after the 2023 season) because they were caught betting on NFL games in the 2022 season, while two other players received six-game suspensions for betting on non-NFL games at a league facility (i.e., they were betting on college games at…
Sports Betting Operators Find Opportunities and Challenges in New Artificial Intelligence Tools
May 2, 2023
Sports Betting Operators Find Opportunities and Challenges in New Artificial Intelligence Tools
By: Jacob Grubman
For bookmakers, who have honed their tools of prediction since the dawn of sports betting, artificial intelligence seems like a natural fit. With a diverse array of AI and AI-adjacent products reaching the market, sports betting operators are primed to exploit these technological developments to offer new and better products to their users. As these two frontier industries meet, regulatory hurdles and obligations are likely…
