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Advertising Prediction Markets? The CFTC Just Sent a Clear Message to Affiliates.
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August 17, 2026
Advertising Prediction Markets? The CFTC Just Sent a Clear Message to Affiliates.
By: Kyra Pulliam
The Commodity Futures Trading Commission (CFTC) recently issued guidance directed to designated contract markets (DCMs) concerning the marketing and offering of event contracts. The guidance was addressed to DCMs because no swap execution facilities (SEFs) currently list event contracts. However, the CFTC’s analysis is equally applicable to futures commission merchants (FCMs) and introducing brokers (IBs), as well as the advertising affiliates and marketing partners that help solicit customers for these products. The CFTC makes one thing clear: the anti-fraud and anti-manipulation provisions of the Commodity Exchange Act apply to the marketing of event contracts. For affiliates that drive traffic to prediction markets, this guidance is a reminder that compliance is not limited to the operator. Marketing materials matter, and regulators…
CFTC Sends Message to Prediction Markets: You Are Not a Sportsbook
August 11, 2026
CFTC Sends Message to Prediction Markets: You Are Not a Sportsbook
By: John Mikuta
In recent guidance, the Commodity Futures Trading Commission (“CFTC”) has made clear that event contracts offered by regulated prediction-market entities must not be marketed in a format commonly used by casino gambling bookmakers. The CFTC’s Division of Market Oversight and Market Participants Division issued a notice to all CFTC-regulated entities and affiliates regarding their obligations to refrain from engaging in misleading or deceptive practices when…
Nicole Kardell on Keeping iGaming Clients Nimble Amidst Ever-Evolving Privacy Regulations
August 3, 2026
Nicole Kardell on Keeping iGaming Clients Nimble Amidst Ever-Evolving Privacy Regulations
By: Ifrah Law
For iGaming companies, protecting customer privacy is paramount: Nicole Kardell acts as their guardian against federal, state and civil actions that could damage their reputations and profitability. Nicole performs on the leading edge of privacy law, helping to keep Ifrah’s clients in compliance with U.S. and international regulations governing the handling of customers’ confidential information. A certified privacy professional with expertise in European privacy law…
Major League Development: CFTC and MLB Agree to Monitor the Integrity of Prediction Markets
March 19, 2026
Major League Development: CFTC and MLB Agree to Monitor the Integrity of Prediction Markets
By: John Mikuta
In a watershed moment for the prediction market industry, the Commodity Futures Trading Commission (“CFTC”) signed a Memorandum of Understanding (“MOU”) with Major League Baseball (“MLB”) today. According to the CFTC’s press release, the groundbreaking agreement “establishes a framework for the CFTC and MLB to discuss, cooperate, and exchange information concerning issues of common interest including protecting the integrity of professional baseball and the relating…
Jim Trusty on Smart Legal Moves for Clients Under Pressure
March 18, 2026
Jim Trusty on Smart Legal Moves for Clients Under Pressure
By: Ifrah Law
A veteran federal prosecutor and formidable white-collar litigator, Jim Trusty clears a lane for clients facing a gauntlet of criminal charges, civil actions, investigations, and regulatory proceedings. From professional athletes facing sports wagering accusations or indictments, to gaming companies and executives involved in regulatory or white-collar matters, clients rely on Jim’s legal strategy, political savvy, and prosecutorial insights when the stakes are highest. Protecting iGaming…
Gambling on Skill: Enforcement of Gambling Laws Against Skill Games in Outlier States
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…
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…
