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In the Market for Judicial Review: Circuit Split on CFTC Preemption Makes SCOTUS a Predictable Destination
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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…
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…
Ifrah Law at NFT.NYC: Web3 Gaming’s Growing Pains and Maturity
April 26, 2023
Ifrah Law at NFT.NYC: Web3 Gaming’s Growing Pains and Maturity
By: Jake Gray
From April 12th to April 14th, NFT.NYC held its fourth inaugural event since its launch in 2019, boasting more than 1,500 speakers across seven different categories and a featured section. Moving from an array of venues spread throughout Times Square to a centralized location North Javits, Hudson Yards, the event was significantly less well attended than the previous year. Official attendance numbers have not been…
Ifrah Law on Web3: Web3.0’s Solutions
April 19, 2023
Ifrah Law on Web3: Web3.0’s Solutions
By: Jake Gray
At issue in Web2.0 was the centralization of web platforms and protocols under a user-independent authority, and therefore users’ inability to meaningfully exert control over their web experience, interactions, and data. While such a dynamic provided significant benefits in making the web accessible to a much wider population by lowering the technical barrier to entry, a concomitant effect was that large technology companies retained much…
Ifrah Law on Web3: Origins of the Web
April 17, 2023
Ifrah Law on Web3: Origins of the Web
By: Jake Gray
In parts (1) and (2) of this series, we’ll cover the basics of the Web and aspects of its technical history up to the present, and then discuss how Web3 technologists are trying to revolutionize the Web in its current iteration by solving its characteristic problems, respectively. In the following parts, (3) and (4), we’ll survey a popular Web3 sub-industry—gaming—and learn more about an entity…
Critical Crypto-Securities Issue May Soon Come to a Head in SEC v. Ripple
February 8, 2023
Critical Crypto-Securities Issue May Soon Come to a Head in SEC v. Ripple
By: Jacob Grubman
This work was originally published in Business Law Today for the American Bar Association’s Business Law Section. A lawsuit filed by the U.S. Securities Exchange Commission (“SEC”) against Ripple Labs, Inc. (“Ripple Labs”), creator of the popular cryptocurrency token known as XRP, represents a turning point for the cryptocurrency and wider blockchain-technology industries in their relationship with regulators. As a significant part of the SEC’s…
