CFTC Sends Message to Prediction Markets: You Are Not a Sportsbook

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 advertising, listing, or transacting event contracts.  The notice highlights the CFTC’s growing concerns about the promotion of event contracts using the “American odds” format associated with sports betting and casino operators rather than nominal or percentage terms that reflect market pricing.  The notice stresses that this practice could create confusion about the nature of the…

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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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Betting on Technology: Bipartisan Proposal for Requiring Facial Recognition to Keep Minors from Wagering Online

July 29, 2026

Betting on Technology: Bipartisan Proposal for Requiring Facial Recognition to Keep Minors from Wagering Online

By: Lauren Scribner

“As every parent knows, when you tell a kid not to do something, they almost always end up trying to do it,” said Congresswoman Kristen MacDonald Rivet (MI-8) about the recently introduced bipartisan “Facial Recognition to Protect Children Act” (“proposed Act”).[1] She continued, “[k]ids under the age of 18 shouldn’t be making bets, but now it’s just a few taps away on their phones. Our…

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New York Sports Betting Marketing Affiliate Requirements

November 4, 2021

New York Sports Betting Marketing Affiliate Requirements

By: Sara Dalsheim

On November 8, 2021, New York officially announced the mobile sportsbooks it will license for online operations.  The mobile sportsbooks named were Caesars Sportsbook, Resorts World Bet, PointsBet, Rush Street Interactive, WynnBET, FanDuel, Bally Bet, BetMGM, and DraftKings. The state is aiming to go live with online sports betting prior to the 2022 Super Bowl game. Marketing affiliates in New York will not be required…

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Mobile Gaming is Now Mobile

October 25, 2021

Mobile Gaming is Now Mobile

By: James Trusty

Last week, the Financial Crimes Enforcement Network (FinCEN) issued guidance that removes a significant hurdle from the daily operations of the mobile betting industry.  Under a regulatory component of the USA Patriot Act,[1] casinos are required to use documentary evidence (such as a driver’s license or passport) to verify their customer’s identity in establishing accounts.  With the emergence of mobile sports betting in recent years,…

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Shaken to the Core

September 26, 2021

Shaken to the Core

By: James Trusty

This month in San Francisco, U.S. District Court Judge Yvonne Gonzalez Rogers ruled that Apple must stop forcing game developers to exclusively use its payment system in their app purchases. With the ruling, app developers can include a link or other advertisement to facilitate alternative ways of paying for each app. The suit was brought by Epic Games, the maker of the wildly popular game…

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This Fall’s Sports Betting Lineup Could Include 5 New States

August 26, 2021

This Fall’s Sports Betting Lineup Could Include 5 New States

By: Sara Dalsheim

The sports wagering industry in the United States will be significantly expanded by the end of this year.  This NFL season, fans in up to five new states may be able to legally bet on games from their own personal mobile device and/or desktop computer.  Since the Supreme Court’s ruling in mid-2018 the legal sports betting market has taken off exponentially including the introduction of…

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Arizona Provides Ancillary Suppliers with New Short Form Application

August 24, 2021

Arizona Provides Ancillary Suppliers with New Short Form Application

By: Sara Dalsheim

On the afternoon of Friday August 20, 2021, nearly three weeks prior to launch of legal event wagering in the state, the Arizona Department of Gaming (“Department”) announced the release of a new short form licensing application for ancillary suppliers.  The form may be used by affiliates, geofence providers, identity verification service providers, independent test laboratories, integrity monitoring providers, marketing affiliates, and any other person…

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Articles and Presentations by Our Firm Attorneys

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

Betting on Technology: Bipartisan Proposal for Requiring Facial Recognition to Keep Minors from Wagering Online

Betting on Technology: Bipartisan Proposal for Requiring Facial Recognition to Keep Minors from Wagering Online
By: Lauren Scribner

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