Advertising Prediction Markets? The CFTC Just Sent a Clear Message to Affiliates.

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 help solicit customers for these products. The CFTC makes one thing clear: the anti-fraud and anti-manipulation provisions of the Commodity Exchange Act apply to the marketing of event contracts. For affiliates that drive traffic to prediction markets, this guidance is a reminder that compliance is not limited to the operator. Marketing materials matter, and regulators…

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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…

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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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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…

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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…

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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…

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Ifrah Law on NFTs: Blockchain Gaming and Gambling Compliance

February 9, 2022

Ifrah Law on NFTs: Blockchain Gaming and Gambling Compliance

By: Jake Gray

In the first article of this series, we covered the basics of non-fungible tokens (“NFTs”)—unique virtual items recorded with immutable characteristics on the blockchain. We also introduced the concept of Utility NFTs, which are NFTs that serve some function beyond their value as collectibles. Part II in our series highlights newly developing applications of Utility NFTs in the online gaming space, with a focus on…

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Ifrah Law on NFTs: What is an NFT?

February 7, 2022

Ifrah Law on NFTs: What is an NFT?

By: Jake Gray

It would be hard to over-exaggerate the hype that has grown around non-fungible tokens (“NFTs”) over the past year as a result of the meteoric rise of Bitcoin, cryptocurrencies, and other blockchain-based technologies. NFT sales skyrocketed in 2021 to $25 billion, a colossal increase from $94.9 million in 2020. [1] And the number of unique cryptocurrency wallets trading NFTs rose from 545,000 in 2020 to…

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Articles and Presentations by Our Firm Attorneys

Advertising Prediction Markets? The CFTC Just Sent a Clear Message to Affiliates.

Advertising Prediction Markets? The CFTC Just Sent a Clear Message to Affiliates.
By: Kyra Pulliam

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

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