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CFTC Opens the Door for Passive Software Providers in Derivatives Markets

CFTC Opens the Door for Passive Software Providers in Derivatives Markets

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…

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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…

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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…

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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…

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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…

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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…

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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…

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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…

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Articles and Presentations by Our Firm Attorneys

CFTC Opens the Door for Passive Software Providers in Derivatives Markets

CFTC Opens the Door for Passive Software Providers in Derivatives Markets
By: John Mikuta

Trust the Future You Trade: Lessons About Prediction Market Surveillance from the DACOM Summit

Trust the Future You Trade: Lessons About Prediction Market Surveillance from the DACOM Summit
By: John Mikuta

High Wire Act

High Wire Act
By: James Trusty

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