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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…
Despite Pandemic, New Sports Gambling And Online Gaming Market Entries Proliferate
July 20, 2020
Despite Pandemic, New Sports Gambling And Online Gaming Market Entries Proliferate
By: Ifrah Law
If someone had told you at the beginning of 2020 that, by March, global sports would largely shut down, with a slow resumption not happening until the summer of 2020, you may have predicted that 2020 would be a bad year for businesses involved in sports wagering, fantasy sports, and iGaming. Yet, the rapid legalization of sports wagering across the United States has not relented,…
Virginia announces Rules and Timelines for Legalized Sports Betting.
July 15, 2020
Virginia announces Rules and Timelines for Legalized Sports Betting.
By: Ifrah Law
Today is the day that many have been eagerly awaiting; the day the Virginia Lottery’s Board discussed the state’s draft sports betting regulations. People are already comparing the draft rules to those of other states, particularly Tennessee, and Virginia appears to compare favorably. Below, we examine some of the highlights of those regulations. During the presentation, Board Chairman Ferhan Hamid asked a significant question to…
Legal Sports Betting Still Faces Competition From Illegal Market; Low State Taxes Could Turn The Tide
April 27, 2020
Legal Sports Betting Still Faces Competition From Illegal Market; Low State Taxes Could Turn The Tide
By: Ifrah Law
The following blog was first published by Forbes.com earlier this month, available here. Even amidst the COVID-19 pandemic, states are moving quickly to legalize sports wagering. Indeed, just last month, Washington Governor Jay Inslee signed sports betting into law in that state, in addition to the Virginia state legislature passing a bill. It is not surprising that even amidst the pandemic, states are still considering…
Betting on Transparency
March 10, 2020
Betting on Transparency
By: James Trusty
Professional sports leagues are struggling to take coherent and consistent positions on the emerging market for legalized sports betting. Commissioners are issuing edicts to their leagues about the danger gambling poses to their sport, but they are also beginning to officially partner with the gaming industry due to the promising bottom-line impact and growing acceptance of sports betting in general. Their wobbling between moral opposition…
For the Children! Seeking to Advance Special Interests Against Online Gaming Under the Guise of Child Welfare
March 9, 2020
For the Children! Seeking to Advance Special Interests Against Online Gaming Under the Guise of Child Welfare
By: Nicole Kardell
Want an example of legislative redundancy? Here’s a good one: “The Prevention of Deceptive or Child-Targeted Advertising in Violation of the Unlawful Internet Gambling Enforcement Act.” It’s proposed legislation seeking to justify new legislation to make that which is illegal… illegaler? Or, want an example of legislation that uses children’s welfare as a pretense to achieve some outside goal with less public appeal? You can…
