Insights < BACK TO ALL INSIGHTS
A Ticket to Win: Are Travel Points a Thing of Value?
FEATURED
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 Wall Street Journal, this summer’s travel season was “powered” by more than “$38 billion” worth of credit card-powered travel points. Given the increasing popularity with which folks are accumulating and using these travel points, gaming companies may be wondering if there’s a way for them to get in on the action and asking whether their…
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…
CFTC Sends Message to Prediction Markets: You Are Not a Sportsbook
August 11, 2026
CFTC Sends Message to Prediction Markets: You Are Not a Sportsbook
By: John Mikuta
In recent guidance, the Commodity Futures Trading Commission (“CFTC”) has made clear that event contracts offered by regulated prediction-market entities must not be marketed in a format commonly used by casino gambling bookmakers. The CFTC’s Division of Market Oversight and Market Participants Division issued a notice to all CFTC-regulated entities and affiliates regarding their obligations to refrain from engaging in misleading or deceptive practices when…
Conviction by Clickwrap?
May 20, 2026
Conviction by Clickwrap?
By: Robert Ward
“Terms and conditions” are ubiquitous. They appear on baseball tickets,[1] in air conditioning repair agreements,[2] and, of course, on essentially every website we visit on a daily basis. By now, as the Seventh Circuit has put it, reasonable consumers “understand there will be terms and conditions associated with using a website.”[3] When disputes about terms and conditions are at issue in court, they often arise…
Cold Water on Insider Trading Fears: Prediction Markets Miss the 2026 NFL Draft
April 29, 2026
Cold Water on Insider Trading Fears: Prediction Markets Miss the 2026 NFL Draft
By: John Mikuta
From April 23 to April 25, the National Football League (“NFL”) held its annual player selection draft. Over 800,000 fans gathered in Pittsburgh, Pennsylvania to watch Commissioner Roger Goodell announce the picks live, with millions more watching on TV and other digital platforms.[1] But the NFL Draft is not just a spectator event—both traditional sportsbooks and prediction-market platforms allowed customers to risk money predicting which…
After Ciminelli: Are the Feds Betting Too Big on Wire Fraud?
April 23, 2026
After Ciminelli: Are the Feds Betting Too Big on Wire Fraud?
By: Abbey Block
Can a technical violation of a website’s terms and conditions constitute a violation of the federal wire fraud statute? A federal court will soon decide just how broadly the statute may sweep, and whether all such forms of potentially dishonest conduct are subject to such stringent criminalization. On Monday, all eyes will be on the District Court for the Eastern District of New York when…
The Cost of Moving Too Fast: Is Your Company Really Ready to Apply for a US Gaming License?
April 21, 2026
The Cost of Moving Too Fast: Is Your Company Really Ready to Apply for a US Gaming License?
By: Amanda Holi
The allure of the US gaming and gambling market is undeniable. As more states legalize sports betting and online gaming, it seems full of possibilities. But as someone who navigates these regulatory waters daily, I often have to ask new clients a tough question: Is your company actually prepared to apply for a US gaming license? Entering the US isn’t just about having a great…
Peering into the Future: Kids, Games, and Regulation
April 10, 2026
Peering into the Future: Kids, Games, and Regulation
By: Steven Hess
This March, a California jury found Google and Meta (which operates Facebook, Instagram, and other websites) liable for negligently causing a child user’s depression and anxiety. Driven by a desire to protect children from perceived vices,[1] this is likely to be the first in a wave of new lawsuits and legislation aimed at regulating online spaces. Although limited to protecting children for now, these efforts…
