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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…
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…
Ohio Sports Betting Advertising and Marketing Affiliate Guidance
February 1, 2022
Ohio Sports Betting Advertising and Marketing Affiliate Guidance
By: Sara Dalsheim
On January 31, 2022, Ohio Casino Control Commission (“Commission”) released its third batch of draft rules for legal sports wagering. So far, none of the Commission’s batches of rules have discussed requirements for marketing affiliates. Although, the Commission also released on January 31, 2022, a Sports Gaming FAQs page on their website[1], which dedicates an entire section to “Advertising, Marketing and User Recruitment”. The last…
Maryland Sports Betting Bill Moving Ahead, Includes Preferences for Minority Owned Operators
January 28, 2022
Maryland Sports Betting Bill Moving Ahead, Includes Preferences for Minority Owned Operators
By: Ifrah Law
Sports betting is now legal in Maryland. As part of the 2020 election, Maryland voters approved a Constitutional amendment to allow sports betting. The Maryland legislature is now racing to legalize and regulate sports gambling in the state. On February 2nd, 2021, the Maryland House of Delegates released a sports betting bill that would create a new Sports Wagering Application Commission to evaluate both online…
D.C. Becomes First Place in U.S. to Legalize Online Poker
January 28, 2022
D.C. Becomes First Place in U.S. to Legalize Online Poker
By: Ifrah Law
April 7, 2011 saw a historic moment in igaming as the District of Columbia became the first American jurisdiction to enact a law that allows online poker wagering. The amendment, called the “Lottery Modernization Act of 2010” for the year it was introduced, is part of a larger budget bill passed by the D.C. Council in December 2010 and enacted after passing through Congress unblocked….
Now That Sports Betting Is Legal, Here’s How You Get Paid
January 28, 2022
Now That Sports Betting Is Legal, Here’s How You Get Paid
By: Ifrah Law
Congratulations, you won a sports bet! What happens now? In the five states where sports betting is now legal, any qualifying individual who places and wins a sports bet can exchange their winning ticket for payment. That means any individual who can prove they are over 21 through an in-person check or the latest digital identity verification technology could soon be a winner. But just…
