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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…
FAIR Treatment of Lost Bets
July 25, 2025
FAIR Treatment of Lost Bets
By: Avner Kronisch
Introduction On July 7, 2025, Representatives Dina Titus (D-NV) and Ro Khanna (D-CA) introduced H.R. 4304, the Fair Accounting for Income Realized from Betting Earnings Taxation Act, commonly known as the FAIR Bet Act.[1] Two days later, Senators Catherine Cortez Masto (D-NV), Jacky Rosen (D-NV), and Ted Cruz (R-TX) introduced the Senate companion bill, S. 2230, titled Facilitating Useful Loss Limitations to Help Our Unique…
Reviving the Statute of Anne: Should Lawyers Mine Centuries-Old Statutes for Profit?
June 16, 2025
Reviving the Statute of Anne: Should Lawyers Mine Centuries-Old Statutes for Profit?
By: Robert Ward
For most of American history, state governments strictly prohibited nearly every form of gambling. In the last 100 years, however, many states have loosened gambling prohibitions in favor of a legal, regulated gambling industry. Still, remnants of strict, anti-gambling attitudes remain on the books in many states in the form of “loss recovery acts.” These centuries-old statutes allow a losing gambler to sue the winner…
Top 3 Takeaways from North American Gaming Regulators Association’s Annual Training
June 9, 2025
Top 3 Takeaways from North American Gaming Regulators Association’s Annual Training
By: Abbey Block
Last week, members of the gaming industry from all corners of the country traveled to Nashville, Tennessee to attend the North American Gaming Regulators Association’s (“NAGRA”) Annual Training and Education Conference. The conference featured panels and presentations from leaders in the gaming industry, including regulators, responsible gaming advocates, legislators, and technological experts. For many regulators, the NAGRA conference offers an opportunity to gain perspective regarding…
Ohio, the Grass is Greener: Neighboring States Set the Example in iGaming
June 6, 2025
Ohio, the Grass is Greener: Neighboring States Set the Example in iGaming
By: Jordan Briggs
Ohio has a budget problem. This is not an uncommon problem among states right now, but Ohio has the opportunity to fix it without the major cuts other states are considering by introducing a new vertical—online gaming (iGaming). Neighboring states Michigan and Pennsylvania introduced iGaming several years ago and have recently recognized record revenues. iGaming in Michigan generated $451.4 million in tax revenue and fees…
CFTC Withdraws Specialized Guidance On Cryptocurrency Derivatives
March 31, 2025
CFTC Withdraws Specialized Guidance On Cryptocurrency Derivatives
By: Jake Gray
In line with the Securities and Exchange Commission’s (“SEC”) transformation from cryptocurrency enemy to ally, the Commodity Futures Trading Commission (“CFTC”) is now following its sister agency’s lead. By withdrawing its specialized guidance on digital currency derivatives, the CFTC signals a more hospitable regulatory approach to the industry, one that recognizes the growing maturity and mainstream acceptance of digital asset markets. As of March 28,…
