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Gambling on Skill: Enforcement of Gambling Laws Against Skill Games in Outlier States
FEATURED
March 10, 2026
Gambling on Skill: Enforcement of Gambling Laws Against Skill Games in Outlier States
By: Jordan Briggs
In many states, people can legally pay entry fees to participate in a skill game and win cash prizes. For most states that allow participants to wager on their own skilled gameplay, the analysis for whether a certain game qualifies as a legal skill game turns on whether the game is one of chance or of skill. Each state has its own test to determine if a game is chance or skill, but these tests fall into three categories. The most common test is the “predominant factor” test, which recognizes that all games have some element of chance but hinges on whether skill dominates the contest. If factors like superior knowledge, dexterity, and practice contribute largely to the outcome (i.e.,…
CFTC Plants the Flag on Regulating Prediction Markets
March 4, 2026
CFTC Plants the Flag on Regulating Prediction Markets
By: John Mikuta
On February 25, 2026, the Commodity Futures Trading Commission (“CFTC”), the governmental body primarily responsible for overseeing prediction markets, took a significant step toward consolidating its authority to oversee trading activities on prediction-market platforms.[1] The CFTC’s Division of Enforcement issued a “Prediction Markets Advisory” describing two enforcement actions brought by Kalshi, the world’s largest prediction market.[2] Both enforcement actions involved trades by Kalshi users who…
Jeff Ifrah Talks iGaming M&A: Opportunities, Strategies, and Smart Plays
February 18, 2026
Jeff Ifrah Talks iGaming M&A: Opportunities, Strategies, and Smart Plays
By: Ifrah Law
One of the best-known power players in iGaming, Jeff Ifrah is both the team captain and the founding MVP of Ifrah Law’s nationally ranked Online Gaming and Sports Betting practice. His strength as a litigator is matched by his depth as a business strategist and counselor. A respected dealmaker, Jeff has helped to incubate, structure and advise on many of the industry’s game-changing M&A transactions…
Shaken to the Core
September 26, 2021
Shaken to the Core
By: James Trusty
This month in San Francisco, U.S. District Court Judge Yvonne Gonzalez Rogers ruled that Apple must stop forcing game developers to exclusively use its payment system in their app purchases. With the ruling, app developers can include a link or other advertisement to facilitate alternative ways of paying for each app. The suit was brought by Epic Games, the maker of the wildly popular game…
This Fall’s Sports Betting Lineup Could Include 5 New States
August 26, 2021
This Fall’s Sports Betting Lineup Could Include 5 New States
By: Sara Dalsheim
The sports wagering industry in the United States will be significantly expanded by the end of this year. This NFL season, fans in up to five new states may be able to legally bet on games from their own personal mobile device and/or desktop computer. Since the Supreme Court’s ruling in mid-2018 the legal sports betting market has taken off exponentially including the introduction of…
Arizona Provides Ancillary Suppliers with New Short Form Application
August 24, 2021
Arizona Provides Ancillary Suppliers with New Short Form Application
By: Sara Dalsheim
On the afternoon of Friday August 20, 2021, nearly three weeks prior to launch of legal event wagering in the state, the Arizona Department of Gaming (“Department”) announced the release of a new short form licensing application for ancillary suppliers. The form may be used by affiliates, geofence providers, identity verification service providers, independent test laboratories, integrity monitoring providers, marketing affiliates, and any other person…
Twitch Bans Casino Game Links in First Step Toward Improved Regulation of Gambling Content
August 13, 2021
Twitch Bans Casino Game Links in First Step Toward Improved Regulation of Gambling Content
By: Jacob Grubman
Video game streaming platform Twitch has issued a new rule prohibiting the sharing of links and referral codes to sites offering certain casino games, signaling an increased focus on a gambling streaming market that had caught fire in recent months. “To prevent harm and scams created by questionable gambling services that sponsor content on Twitch, we will prohibit sharing links and/or referral codes to sites…
How does a Supplier Register to Participate in CT iGaming and Sports Betting?
July 15, 2021
How does a Supplier Register to Participate in CT iGaming and Sports Betting?
By: Sara Dalsheim
Connecticut legalized sports betting this year and is hoping to launch in time for the 2021 NFL season. However, the registration process for operators and suppliers has yet to be set forth. The focus in Connecticut is largely on licensing fantasy operators in time for the 2021 NFL season. As a result of protests from players in the fantasy sports industry, Connecticut lawmakers added a…
