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CFTC Opens the Door for Passive Software Providers in Derivatives Markets
FEATURED
September 28, 2026
CFTC Opens the Door for Passive Software Providers in Derivatives Markets
By: John Mikuta
In a new no-action letter, the Commodity Futures Trading Commission (“CFTC”) recently opened the door for software developers building software to facilitate trading in derivatives and futures. The CFTC’s Market Participants Division (“MPD”) issued a no-action position providing that it would not recommend bringing an enforcement action against a “passive software provider,” or “PSP”, for failing to register as an introducing broker (“IB”) or associated person of an IB under the Commodity Exchange Act (“CEA”).[1] As background, the CEA requires any person who, for compensation or profit, “is engaged in soliciting and in accepting orders” for futures and swaps to register as an IB.[2] Individuals performing that work for an IB must also register themselves as associated persons.[3] The CFTC…
Trust the Future You Trade: Lessons About Prediction Market Surveillance from the DACOM Summit
September 23, 2026
Trust the Future You Trade: Lessons About Prediction Market Surveillance from the DACOM Summit
By: John Mikuta
Prediction markets are no longer a niche offering confined to a small corner of the internet. The rapid growth of prediction markets has launched them into the mainstream as a meaningful part of the financial ecosystem. But with that growth comes many of the same market integrity and compliance challenges that more traditional financial markets have long encountered. Prediction markets have faced public scrutiny over…
High Wire Act
September 22, 2026
High Wire Act
By: James Trusty
The federal statute known as the Wire Act (18 U.S.C. § 1084) has had a tumultuous history. For many years, the DOJ interpreted it to include restrictions on both sporting events and non-sporting contests. That changed dramatically in 2011, when the Office of Legal Counsel (“OLC”), responding to states seeking clarification before establishing state lotteries, published an analysis of the Wire Act. After a thorough…
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…
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,…
