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High Wire Act
FEATURED
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 analysis of the text and legislative history of the Wire Act, OLC concluded that Congress intended the Wire Act to apply only to sports-based gambling activity. 35 Op.O.L.C. 1(2011).[1] In reaching that conclusion, OLC found that Congress had clearly and directly focused upon off-track betting on horse races, as well as the expected negative effect…
Robert Ward on Helping iGaming Clients Outmaneuver Lawsuit-Obsessed Adversaries
September 8, 2026
Robert Ward on Helping iGaming Clients Outmaneuver Lawsuit-Obsessed Adversaries
By: Ifrah Law
Today’s iGaming companies face new litigation threats as expansive consumer protection statutes spark lawsuits with sky’s-the-limit aspirations, sometimes backed by private funders. Clients of Ifrah Law have a staunch defender in Robert Ward – an agile litigator and case tactician who responds to the changing state of play with creative legal defenses and efficient case-closing strategies. Robert draws on federal clerkship experience and appellate defense…
In the Market for Judicial Review: Circuit Split on CFTC Preemption Makes SCOTUS a Predictable Destination
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…
Four States Coordinate Against Metaverse Casino’s NFT Sales
October 25, 2022
Four States Coordinate Against Metaverse Casino’s NFT Sales
By: Jake Gray
On Thursday, October 20th, state securities regulators from Alabama, Kentucky, New Jersey, and Texas filed coordinated enforcement actions to stop sales of non-fungible tokens (“NFTs”) by an organization in the country of Georgia. The actions accuse Slotie NFT (“Slotie”) of “illegally and fraudulently selling NFTs to raise capital relating to gaming in online and metaverse casinos” in like manner to the offer and sale of…
Maryland’s Diversity Plan Requirement for Sports Betting Licensees
September 2, 2022
Maryland’s Diversity Plan Requirement for Sports Betting Licensees
By: Sara Dalsheim
The road to the launch of legalized sports betting in Maryland has been long and winding. From the start Maryland has been keen on developing requirements for diversity inclusion in its sports betting operations. Today, the State looks to finalize a positive step in that direction by holding a vote to approve a new “Diversity Plan Requirement”. Put simply, the Plan instructs sports betting licensees…
States Rush to Protect Consumers From Cyber Threats as Gaming Legislation Moves Across All States
August 25, 2022
States Rush to Protect Consumers From Cyber Threats as Gaming Legislation Moves Across All States
By: Jake Gray
In the four years since the Supreme Court struck down the federal ban on sports betting, more than 36 states and the District of Columbia have launched legal sports betting markets, with more than half of legalized states offering online and mobile options. [1] In most markets that offer online and mobile sports betting, the offerings are responsible for more than 70% of the total…
Next Steps Toward Legalized Online and Retail Sports Betting in Massachusetts
August 1, 2022
Next Steps Toward Legalized Online and Retail Sports Betting in Massachusetts
By: Sara Dalsheim
The road to legalized sports betting in Massachusetts has been slow and lengthy, the lawmakers have spent five sessions on the question of sports betting legalization. Today, the Massachusetts state House and Senate reached an agreement on a bill that would legalize online and retail sports betting on professional and some collegiate contests (H 5164). Sports betting on Massachusetts colleges and universities will only be…
European Union Agrees On Cryptocurrency Regulation, Excludes NFTs (For Now)
July 28, 2022
European Union Agrees On Cryptocurrency Regulation, Excludes NFTs (For Now)
By: Jacob Grubman
European Union policymakers have taken the next step toward enacting a scheme for regulating cryptocurrency and other blockchain-based assets, as the Council of the European Union and the European Parliament provisionally agreed to approve new rules governing Markets in Crypto-Assets (“MiCA”). The new rules would address a range of risks related to cryptocurrencies and related assets—with notable exceptions in decentralized finance (“DeFi”) and non-fungible tokens…
