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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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Massachusetts Explores iGaming Legalization: Opportunities, Risks, and Next Steps

June 26, 2026

Massachusetts Explores iGaming Legalization: Opportunities, Risks, and Next Steps

By: Katie Kovalsky

Massachusetts Explores iGaming Legalization: Opportunities, Risks, and Next Steps As states consider legalizing iGaming, legislatures must consider not only whether to legalize but also how the industry should be regulated. While legalization presents opportunities for increased tax revenue and consumer protections, it also raises concerns about responsible gaming, youth exposure, and enforcement against illegal operators. Massachusetts is one state currently evaluating this decision. A bill…

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Sunshine, Strategy, and Handshakes: Reflections on SBC Summit Americas 2026

June 23, 2026

Sunshine, Strategy, and Handshakes: Reflections on SBC Summit Americas 2026

By: Amanda Holi

There is something irreplaceable about the energy of a live industry event, and this year’s SBC Summit Americas in Fort Lauderdale delivered. From June 9–11, the Broward County Convention Center became the epicenter of the gaming, sports wagering, and iGaming worlds. While the South Florida sunshine was a welcome backdrop, the real heat was inside the convention center, where industry professionals gathered to discuss everything…

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Lessons from the Restructuring of an Online Sports Betting Company

June 12, 2026

Lessons from the Restructuring of an Online Sports Betting Company

By: Ifrah Law

The U.S. has seen numerous casino bankruptcies, including, most recently, Maverick Gaming in July 2025. What it has not seen, until now, is the bankruptcy of an online sportsbook. Previously, when companies exited a state, they cut deals with as many creditors as possible and just left the state (or the United States). Examples of this in recent years include Betfred, Betway, Unibet, and in…

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CFTC Predicting Litigation Success over Multiple States

June 8, 2026

CFTC Predicting Litigation Success over Multiple States

By: John Mikuta

Through recent litigation actions, the Commodity Futures Trading Commission (“CFTC”) continues to stake out an aggressive position in the fight over who has the authority to regulate prediction markets. On May 18, 2026, Minnesota Gov. Tim Walz signed into law SF 4760, an omnibus public safety bill that made it a felony to operate or assist in operating a prediction market.[1]  The next day, the…

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Michelle Cohen on iGaming Marketing: Five Critical Steps When Regulators Call

May 26, 2026

Michelle Cohen on iGaming Marketing: Five Critical Steps When Regulators Call

By: Ifrah Law

Michelle Cohen guides and defends Ifrah Law’s iGaming clients when government agencies launch enforcement actions alleging unlawful gambling, advertising, and marketing practices. Michelle has decades of experience advising and defending organizations facing these and other claims related to consumer protections and privacy. When faced with cease-and-desist orders and costly litigations, Michelle’s clients count on her credibility, diligence, and deep knowledge of iGaming advertising and consumer…

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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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