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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…
“What are we supposed to do? Call the cops? It’s already out there!”: Recent MGM hack exemplifies the uncontainable results of a data breach
February 21, 2020
“What are we supposed to do? Call the cops? It’s already out there!”: Recent MGM hack exemplifies the uncontainable results of a data breach
By: Nicole Kardell
A hacker has posted to a public forum the personal details for more than 10.6 million former hotel guests of MGM Resorts. Information now available for all to see includes: full names, home addresses, phone numbers, emails, and dates of birth. Making it most newsworthy is that the likes of Justin Bieber, Jack Dorsey (Twitter’s billionaire CEO), among other celebs, prominent business folks, and government…
Presentation Recap: Jackpot! How D.C. Can Successfully Introduce Legalized Sports Betting and Navigate the Changing Regulatory Landscape
January 13, 2020
Presentation Recap: Jackpot! How D.C. Can Successfully Introduce Legalized Sports Betting and Navigate the Changing Regulatory Landscape
By: Jeffrey Hamlin
On January 9th, the DC Bar Association hosted a presentation by Ifrah Law entitled Jackpot! How D.C. Can Successfully Introduce Legalized Sports Betting and Navigate the Regulatory Landscape. For an hour and forty-five minutes a four-person panel discussed the District of Columbia’s legalization and regulation of sports betting in the wake of Murphy v. Nat’l Collegiate Athletic Ass’n. Ifrah Law’s Founding Member and online-gaming expert…
Advancing the Ball, Take Two: Google Opens Online Gaming Advertising in Four States
December 16, 2019
Advancing the Ball, Take Two: Google Opens Online Gaming Advertising in Four States
By: Nicole Kardell
Google will revise its advertising policies to allow ads for online casinos in several states where online gaming is legal and regulated. Notice of the change is posted on Google’s support forum which states that the revision will happen this month: “In December 2019, Google will update the Gambling and games policy to allow state-licensed entities to promote online casinos in Delaware, Nevada, New Jersey,…
Michigan Sets the Stage for Legal Sports Betting
December 10, 2019
Michigan Sets the Stage for Legal Sports Betting
By: Ifrah Law
Michigan is looking to go into 2020 with the prospect of sports betting and online gaming looming large. The Great Lakes State’s legislators reached a breakthrough this week with Governor Whitmer on online gaming and sports betting. While a few issues remain to be ironed out, it appears that Michigan will enter the new year with the two new bills freshly inked. Michigan is in…
Why is Player Betting a Cardinal Sin?
December 2, 2019
Why is Player Betting a Cardinal Sin?
By: James Trusty
Arizona Cardinal cornerback Josh Shaw has been suspended indefinitely by the NFL for violating the league’s blanket prohibition against betting on all things NFL. Shaw, who will miss at least the full 2020 season, had been on injured reserve since late August and had not played a down this year. The silver lining for Shaw’s grey cloud is that he joins the ranks of Paul…
