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CFTC Opens the Door for Passive Software Providers in Derivatives Markets
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September 28, 2026
CFTC Opens the Door for Passive Software Providers in Derivatives Markets
By: John Mikuta
In a new no-action letter, the Commodity Futures Trading Commission (“CFTC”) recently opened the door for software developers building software to facilitate trading in derivatives and futures. The CFTC’s Market Participants Division (“MPD”) issued a no-action position providing that it would not recommend bringing an enforcement action against a “passive software provider,” or “PSP”, for failing to register as an introducing broker (“IB”) or associated person of an IB under the Commodity Exchange Act (“CEA”).[1] As background, the CEA requires any person who, for compensation or profit, “is engaged in soliciting and in accepting orders” for futures and swaps to register as an IB.[2] Individuals performing that work for an IB must also register themselves as associated persons.[3] The CFTC…
Trust the Future You Trade: Lessons About Prediction Market Surveillance from the DACOM Summit
September 23, 2026
Trust the Future You Trade: Lessons About Prediction Market Surveillance from the DACOM Summit
By: John Mikuta
Prediction markets are no longer a niche offering confined to a small corner of the internet. The rapid growth of prediction markets has launched them into the mainstream as a meaningful part of the financial ecosystem. But with that growth comes many of the same market integrity and compliance challenges that more traditional financial markets have long encountered. Prediction markets have faced public scrutiny over…
High Wire Act
September 22, 2026
High Wire Act
By: James Trusty
The federal statute known as the Wire Act (18 U.S.C. § 1084) has had a tumultuous history. For many years, the DOJ interpreted it to include restrictions on both sporting events and non-sporting contests. That changed dramatically in 2011, when the Office of Legal Counsel (“OLC”), responding to states seeking clarification before establishing state lotteries, published an analysis of the Wire Act. After a thorough…
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…
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…
