CFTC Sends Message to Prediction Markets: You Are Not a Sportsbook

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 advertising, listing, or transacting event contracts.  The notice highlights the CFTC’s growing concerns about the promotion of event contracts using the “American odds” format associated with sports betting and casino operators rather than nominal or percentage terms that reflect market pricing.  The notice stresses that this practice could create confusion about the nature of the…

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Nicole Kardell on Keeping iGaming Clients Nimble Amidst Ever-Evolving Privacy Regulations 

August 3, 2026

Nicole Kardell on Keeping iGaming Clients Nimble Amidst Ever-Evolving Privacy Regulations 

By: Ifrah Law

For iGaming companies, protecting customer privacy is paramount: Nicole Kardell acts as their guardian against federal, state and civil actions that could damage their reputations and profitability. Nicole performs on the leading edge of privacy law, helping to keep Ifrah’s clients in compliance with U.S. and international regulations governing the handling of customers’ confidential information. A certified privacy professional with expertise in European privacy law…

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Betting on Technology: Bipartisan Proposal for Requiring Facial Recognition to Keep Minors from Wagering Online

July 29, 2026

Betting on Technology: Bipartisan Proposal for Requiring Facial Recognition to Keep Minors from Wagering Online

By: Lauren Scribner

“As every parent knows, when you tell a kid not to do something, they almost always end up trying to do it,” said Congresswoman Kristen MacDonald Rivet (MI-8) about the recently introduced bipartisan “Facial Recognition to Protect Children Act” (“proposed Act”).[1] She continued, “[k]ids under the age of 18 shouldn’t be making bets, but now it’s just a few taps away on their phones. Our…

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Kansas is Anticipated to be Next for Legalized Sports Betting

May 4, 2022

Kansas is Anticipated to be Next for Legalized Sports Betting

By: Sara Dalsheim

As part of a rumored effort to lure the Kansas City Chiefs to move their stadium to the state of Kansas, late on April 28th, 2022, and extending into the earliest hours on the 29th, Kansas state lawmakers voted in favor of a bill to legalize mobile and retail sports betting.  Now, the bill is headed to Governor Laura Kelly’s desk for signature.  Gov. Kelly…

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NCAA Allows Data Distribution Deals to Sportsbooks

April 29, 2022

NCAA Allows Data Distribution Deals to Sportsbooks

By: Jake Gray

The National College Athletic Association (“NCAA”) relaxed its long-established opposition to sports betting this Wednesday in a decision that will allow for the sale of data to sportsbooks. The decision comes in the same week that NCAA president Mark Emmert agreed to leave his role in the middle of his contract once a new president is named, a move which will allow the NCAA to…

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Legalized Online and Retail Sports Betting on its Way to Maine

April 26, 2022

Legalized Online and Retail Sports Betting on its Way to Maine

By: Sara Dalsheim

This week, Maine’s state House and Senate both approved a bill that would legalize online and retail sports betting.  The legislation provides the state’s four federally recognized Indian tribes with a monopoly on mobile sports betting rights.  The state’s two casinos, the Oxford Casino and the Hollywood Casino and Raceway in Bangor have the ability, under the legislation, to offer an in-person sportsbook.  The bill…

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Pennsylvania Finally Drops Under 5% Shareholder Licensee Registration Requirement

April 25, 2022

Pennsylvania Finally Drops Under 5% Shareholder Licensee Registration Requirement

By: Steven Eichorn

The Pennsylvania Gaming Control Board (Board) issued a letter to enact a policy change to raise the ownership interest threshold from one percent to five percent for ownership interests held in privately-owned entities. This immediately impacts the licensing requirements of “principal” applications in Pennsylvania and is effective for both existing licensees (or pending applications) and to future applicants. Who Does This Apply To? Further, it…

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State Securities Regulators Intervene In Virtual Casino NFT Sales

April 18, 2022

State Securities Regulators Intervene In Virtual Casino NFT Sales

By: Jake Gray

State regulators in three states took the first steps in regulating non-fungible tokens (“NFTs”) as securities, issuing cease-and-desist orders against the online casino developer Sand Vegas Casino Club (“Sand Vegas”) and its co-founders for allegedly offering unregistered securities and violating various other securities-related regulations. As we have written, NFTs use smart contracts to offer holders novel functionality, like granting them access to certain services, events,…

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Articles and Presentations by Our Firm Attorneys

CFTC Sends Message to Prediction Markets: You Are Not a Sportsbook

CFTC Sends Message to Prediction Markets: You Are Not a Sportsbook
By: John Mikuta

Nicole Kardell on Keeping iGaming Clients Nimble Amidst Ever-Evolving Privacy Regulations 

Nicole Kardell on Keeping iGaming Clients Nimble Amidst Ever-Evolving Privacy Regulations 
By: Ifrah Law

Betting on Technology: Bipartisan Proposal for Requiring Facial Recognition to Keep Minors from Wagering Online

Betting on Technology: Bipartisan Proposal for Requiring Facial Recognition to Keep Minors from Wagering Online
By: Lauren Scribner

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