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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…
Maryland Legislature Poised to Send Sports Gambling Bill to the Governor
April 13, 2021
Maryland Legislature Poised to Send Sports Gambling Bill to the Governor
By: George Calhoun
As part of the 2020 election, Maryland voters approved a Constitutional amendment to allow sports betting. In February, I reported on the Maryland legislature’s efforts to pass a new bill to legalize and regulate sports gambling. The state passed another milestone yesterday when the Maryland Senate unanimously approved a new sports wagering bill. The bill is the result of a compromise reached between the House…
In Competing Proposals for New York Mobile Sports Betting, the Winner is Clear
April 2, 2021
In Competing Proposals for New York Mobile Sports Betting, the Winner is Clear
By: Ifrah Law
Today, New Yorkers who want to place a legal mobile sports wager need to drive to neighboring New Jersey or Pennsylvania. Otherwise, unless residents of the Big Apple and the rest of the state want to wager with an illegal offshore operator or local bookmaker, New Yorkers remain out of luck these days. However, the annual state budget negotiations have provided a window of opportunity…
NBA Gets Comfortable With NFTs
March 17, 2021
NBA Gets Comfortable With NFTs
By: Ifrah Law
When people think about LeBron James or Giannis Antetokounmpo, blockchain and digital tokens are probably not the first, tenth, or hundredth thing that comes to mind. But with the rise of NBA Top Shot—a non-fungible token (NFT) that exists on the blockchain, consisting of player video highlights officially licensed from the NBA—that may be changing. What is an NFT? The creator of Top Shot, Dapper…
Corruption of NCAA Sports Will Not Fly Under the Radar
February 28, 2021
Corruption of NCAA Sports Will Not Fly Under the Radar
By: James Trusty
With the increasing popularity of sports betting across the country comes the ever-present concern that big money brings big temptation, and that concern is most acutely fixated on the NCAA sports scene. Gamblers and non-gamblers alike do not want to see their favorite collegiate contests infected with fixed results or point shaving. But in an era where technology is exponentially spreading the availability of sports…
Google Play Gives Online Gaming Another Boost
January 31, 2021
Google Play Gives Online Gaming Another Boost
By: Nicole Kardell
We have seen commercial winners and losers in the COVID era. Online gaming has been a clear winner, with record participation during shelter-in-place times. It just received another boost thanks to a policy change at Google: Google Play recently announced it will allow gambling apps in the Google Play store starting March 1. This is a first for U.S.-based gamers who will now be able to…
