Insights < BACK TO ALL INSIGHTS
CFTC Predicting Litigation Success over Multiple State
FEATURED
June 8, 2026
CFTC Predicting Litigation Success over Multiple State
By: John Mikuta
Through recent litigation actions, the Commodity Futures Trading Commission (“CFTC”) continues to stake out an aggressive position in the fight over who has the authority to regulate prediction markets. On May 18, 2026, Minnesota Gov. Tim Walz signed into law SF 4760, an omnibus public safety bill that made it a felony to operate or assist in operating a prediction market.[1] The next day, the CFTC filed a lawsuit against the State of Minnesota, seeking a preliminary injunction to prevent the law from taking effect on August 1, 2026.[2] Kalshi, the world’s largest prediction market,[3] also filed a lawsuit of its own.[4] The new Minnesota law broadly defines a “prediction market” as “a system that allows consumers to place a…
Michelle Cohen on iGaming Marketing: Five Critical Steps When Regulators Call
May 26, 2026
Michelle Cohen on iGaming Marketing: Five Critical Steps When Regulators Call
By: Ifrah Law
Michelle Cohen guides and defends Ifrah Law’s iGaming clients when government agencies launch enforcement actions alleging unlawful gambling, advertising, and marketing practices. Michelle has decades of experience advising and defending organizations facing these and other claims related to consumer protections and privacy. When faced with cease-and-desist orders and costly litigations, Michelle’s clients count on her credibility, diligence, and deep knowledge of iGaming advertising and consumer…
Conviction by Clickwrap?
May 20, 2026
Conviction by Clickwrap?
By: Robert Ward
“Terms and conditions” are ubiquitous. They appear on baseball tickets,[1] in air conditioning repair agreements,[2] and, of course, on essentially every website we visit on a daily basis. By now, as the Seventh Circuit has put it, reasonable consumers “understand there will be terms and conditions associated with using a website.”[3] When disputes about terms and conditions are at issue in court, they often arise…
New Hampshire Federal Court Finds Wire Act Is Limited to Gambling on Sporting Events
June 4, 2019
New Hampshire Federal Court Finds Wire Act Is Limited to Gambling on Sporting Events
By: Ifrah Law
On June 3, 2019, Judge Paul Barbadoro of the United States District Court for the District of New Hampshire issued a 60-page opinion holding that the Wire Act is limited to sports gambling. Judge Barbadoro’s opinion resolved litigation between the New Hampshire Lottery Commission, its service provider (NeoPollard), and the Department of Justice (DOJ), over a 2018 opinion by the DOJ’s Office of Legal Counsel…
Coming to a Theater (Device) Near You: Legalized Sports Betting and Enhanced Player Data Team Up to Save Professional Sports
May 10, 2019
Coming to a Theater (Device) Near You: Legalized Sports Betting and Enhanced Player Data Team Up to Save Professional Sports
By: Nicole Kardell
Professional sports as an industry has a money problem. Game attendance across sports has been on the decline in recent years. Viewership has been on a downward trajectory as has traditional advertising. But two superheroes have appeared on the horizon to help turn things around. And if they team up, Avengers-style, they could benefit all stakeholders in the sports industry: from leagues to teams to…
DOJ High-Wire Act
April 29, 2019
DOJ High-Wire Act
By: James Trusty
Heavyweight parties are slugging it out in a lawsuit in the Granite State, and Ifrah Law is taking a lead role in protecting the interests of America’s rapidly growing online gaming industry. The New Hampshire civil case comes on the heels of the Department of Justice (DOJ) releasing an interpretation of the federal Wire Act that threatens to bring within its scope all gambling activity,…
Update on 1/14/19 OLC Wire Act Opinion – All Eyes on New Hampshire
April 9, 2019
Update on 1/14/19 OLC Wire Act Opinion – All Eyes on New Hampshire
By: Jeff Ifrah
(This post was originally published on 1/15/2019 and updated on 4/8/2019) On Jan. 14, 2019, the Department of Justice’s Office of Legal Counsel issued an opinion reversing its 2011 position on the Wire Act and sports betting, contradicting not just itself but decisions by at least two District Courts and dicta by the U.S. Supreme Court by maintaining that the Wire Act prohibits all interstate…
How to Ensure Your Media Affiliate Follows Pennsylvania Gaming Law
March 28, 2019
How to Ensure Your Media Affiliate Follows Pennsylvania Gaming Law
By: Steven Eichorn
As discussed in an earlier blog post, New Jersey’s licensing requirements for affiliate marketers impose significantly different structures depending on the revenue model. If the affiliate marketer only plans to work with casinos in a flat fee model (e.g. CPA or other form of pre-determined compensation), then they must register as a vendor. The vendor registration process is quite straightforward, but it does limit the…
