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In the Market for Judicial Review: Circuit Split on CFTC Preemption Makes SCOTUS a Predictable Destination
FEATURED
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 operations in the state of Nevada.[1] The Ninth Circuit held that the lower court did not abuse its discretion in concluding that Kalshi was not entitled to a preliminary injunction because it did not establish a likelihood that the federal Commodity Exchange Act (“CEA”) preempts state gaming regulations. The Ninth Circuit’s ruling stands in direct…
A Ticket to Win: Are Travel Points a Thing of Value?
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…
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…
Advertising and Marketing in Ontario’s New Online Gambling Market
March 16, 2022
Advertising and Marketing in Ontario’s New Online Gambling Market
By: Sara Dalsheim
On April 4th, 2022, Ontario’s new internet gambling (igaming and sports betting) market will launch. To support operators in their advertising efforts prior to the launch, the Alcohol and Gaming Commission of Ontario (AGCO) published highlights from the Registrar’s Standards for Internet Gaming. These standards also address what affiliates and third parties must do to operate in the Ontario market, and reveal a standard more…
Key Canadian iGaming Figures Host Advertising Regulatory Webinar
March 10, 2022
Key Canadian iGaming Figures Host Advertising Regulatory Webinar
By: Ifrah Law
On Monday, March 7th, IAB Canada, the main trade association responsible for digital advertising advancement in Canada, and thinkTV, the company responsible for clearance of television advertising in Canada, co-hosted a webinar focusing on the applicable standards for advertising of iGaming in Canada. Also present were representatives from the Canadian Gaming Association, the Alcohol and Gaming Commission of Ontario, and iGaming Ontario. President of the…
The Rise of Legalized Sports Gambling: Michelle Cohen Moderates NYU Sports Law Colloquium Panel
March 9, 2022
The Rise of Legalized Sports Gambling: Michelle Cohen Moderates NYU Sports Law Colloquium Panel
By: Jake Gray
In less than four years since the Supreme Court struck down the federal ban on sports betting, thirty states have legalized sports betting with more expected to come in the near future. The proliferation of betting across the country gave rise to a host of questions addressed at the NYU Sports Law Association’s 11th Annual Sports Law Colloquium, where Ifrah Law partner Michelle Cohen hosted…
Ifrah on NFTs: New iGaming Tokens Raise Novel Securities Questions
February 25, 2022
Ifrah on NFTs: New iGaming Tokens Raise Novel Securities Questions
By: Jacob Grubman
Non-fungible tokens (“NFTs”) are becoming increasingly prominent in the broader blockchain and cryptocurrency market, as new projects rush to incentivize buyers with offerings of “unmatched benefits.” These utilities, however, do not come without potential legal drawbacks. In the first article of this series, we covered the basics of NFTs—unique virtual items recorded with immutable characteristics on the blockchain. We also introduced the concept of Utility…
NFL Ratings Rise With Expansion Of Legal Sports Betting
February 18, 2022
NFL Ratings Rise With Expansion Of Legal Sports Betting
By: Jacob Grubman
With Super Bowl LVI two days away, the relationship between sports betting and fan engagement has never been clearer. In 2021 alone, 11 states either legalized or launched sports betting in some form, with seven going online at or near the start of the NFL season. And the developments have gone both ways: In April of last year, the NFL announced three new “Official Sportsbook Partners,” with…
