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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…
Did the Supreme Court Just Clear the Way for Student Athletes to Promote Sports Betting?
June 24, 2021
Did the Supreme Court Just Clear the Way for Student Athletes to Promote Sports Betting?
By: Sara Dalsheim
The Supreme Court’s recent ruling in NCAA v. Alston, et al. could be the catalyst that transforms the NCAA’s student athlete regulation of the benefits/compensation provided to college athletes. The Court, in a decision written by Justice Neil Gorsuch, upheld the lower courts’ ruling that the NCAA violates antitrust laws by placing limits on the education-related benefits schools can offer to their athletes. Colleges and…
NJ Gaming Chief: “It’s a Wonderful World to Be an iGaming Operator”
June 11, 2021
NJ Gaming Chief: “It’s a Wonderful World to Be an iGaming Operator”
By: Jacob Grubman
With a new bill authorizing online gaming in New Jersey for the first time in 2013, Department of Gaming Enforcement Director David Rebuck and his staff went looking for ways to assuage industry concerns that online firms would “cannibalize” business from the already-struggling retail operations in Atlantic City. “It was going to cannibalize it, intuitively: ‘We’re going to lose people; they’re not going to come…
Will New Jersey be the center of the Esports Universe? According to the Head of the NJ Division of Gaming Enforcement, that’s the goal
May 26, 2021
Will New Jersey be the center of the Esports Universe? According to the Head of the NJ Division of Gaming Enforcement, that’s the goal
By: Nicole Kardell
The EGR’s East Coast Virtual Briefing 2021, took place May 26, 2021 with a packed agenda, including revealing the winner of the Ifrah Pitch Competition. We wanted to provide some highlights on developments in esports as a gambling vertical. Esports was the focus of a Q&A session hosted by Chris Grove, a partner at Eilers & Krejcik Gaming. Grove interviewed the director of New Jersey…
Coming to [North] America: Content Regulation for Gaming Ads and Marketing
April 28, 2021
Coming to [North] America: Content Regulation for Gaming Ads and Marketing
By: Nicole Kardell
The Alcohol and Gaming Commission of Ontario recently published its Draft Registrar’s Standards for Internet Gaming (“Draft Standards”). The purpose of the 50-page document is “to ensure that regulated entities have a sound control environment, and an organizational structure that promotes good governance, accountability and oversight, as well as transparency in dealings with the AGCO.” Among the areas of oversight (which are broad reaching) is…
Following Trend, Arizona Pro Teams Get In On Sports Wagering Action
April 23, 2021
Following Trend, Arizona Pro Teams Get In On Sports Wagering Action
By: Ifrah Law
This article was originally published on Forbes.com on April 16, 2021.
