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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…
Retail Sports Betting Outside Casinos Taking Off in DC, but Restricted Almost Everywhere Else
November 5, 2020
Retail Sports Betting Outside Casinos Taking Off in DC, but Restricted Almost Everywhere Else
By: Ifrah Law
Washington, D.C.’s sports betting revenue numbers in September were impressive. William Hill in particular, with its kiosks at Capital One Arena, claimed its title as the area’s market leader, taking in over $9 million more in betting handle and over 100% more in sports betting revenue. What would it look like if kiosks could generate that same level of excitement at concert venues, restaurants, bars, and even office…
Tennessee Sports Betting Posed to Open for Business, But is it Bad Business?
October 16, 2020
Tennessee Sports Betting Posed to Open for Business, But is it Bad Business?
By: Ifrah Law
If sports betting goes live within the state as expected by November 1, Tennessee will become the nineteenth state (plus Washington D.C.) to accept a legal sports bet. Tennessee is noteworthy in its sports betting regulations because it would be the first instance of online wagering without the requirement of partnering with a brick-and-mortar casino. On the surface, Tennessee is open to an unlimited number…
Taking a Lead to Build Your Gaming Platform’s Customer Base
July 30, 2020
Taking a Lead to Build Your Gaming Platform’s Customer Base
By: Ifrah Law
State by state, the U.S. regulatory landscape is shifting in favor of legalized online gaming and sports betting. As states come online, operators are seeking to acquire and to increase their customer base. A tried and true marketing strategy to push traffic online—and that operators are using successfully to promote their gaming services—is lead generation. Lead generation marketing is estimated to be a $12 billion…
For Payment Processors: A Compliance Plan That Even Banks and Credit-Card Networks Will Love
July 24, 2020
For Payment Processors: A Compliance Plan That Even Banks and Credit-Card Networks Will Love
By: Jeffrey Hamlin
A little more than two years ago, the U.S. Supreme Court issued its decision in Murphy v. National Collegiate Athletic Association, striking down federal limits on the expansion of sports betting. Since then, a number of states have legalized sports betting—Colorado, Illinois, Indiana, New Jersey, Pennsylvania, Tennessee, and West Virginia, to name a few. Indeed, many states now permit sports betting at brick-and-mortar establishments as…
Betting Operators Look at In-House Options for Customer Leads
July 23, 2020
Betting Operators Look at In-House Options for Customer Leads
By: Steven Eichorn
Cold-pitch sales are a difficult proposition, especially when done over the Internet. The challenge is greater when competing products are similar and the barriers to entry are low, making it harder for a company to differentiate itself from the competition. So goes the case for online gaming operators who often face difficulty in attracting new users to their platform, especially when there are registration requirements…
