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In the Market for Judicial Review: Circuit Split on CFTC Preemption Makes SCOTUS a Predictable Destination
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September 1, 2026
In the Market for Judicial Review: Circuit Split on CFTC Preemption Makes SCOTUS a Predictable Destination
By: John Mikuta
The ongoing legal battle over whether the federal Commodity Futures Trading Commission (“CFTC”) or state regulators have the authority to regulate sports-related prediction markets is heating up. Last week, the U.S. Court of Appeals for the Ninth Circuit turned away a challenge by Kalshi, the largest prediction market in the United States, to the Nevada Gaming Control Board’s letter ordering it to cease and desist operations in the state of Nevada.[1] The Ninth Circuit held that the lower court did not abuse its discretion in concluding that Kalshi was not entitled to a preliminary injunction because it did not establish a likelihood that the federal Commodity Exchange Act (“CEA”) preempts state gaming regulations. The Ninth Circuit’s ruling stands in direct…
A Ticket to Win: Are Travel Points a Thing of Value?
August 21, 2026
A Ticket to Win: Are Travel Points a Thing of Value?
By: Abbey Block
With the end of summer drawing near, many American families may be hoping to book a last-minute getaway. Some of those travelers may be hoping to take advantage of credit card points to book their trips on the cheap. Credit card points have become a ubiquitous part of American capitalism – particularly those offered by airlines, often referred to as “travel points.” According to the…
Advertising Prediction Markets? The CFTC Just Sent a Clear Message to Affiliates.
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…
“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…
