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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…
Is the Daily Fantasy Sports Showdown in Texas Just for Show?
September 17, 2018
Is the Daily Fantasy Sports Showdown in Texas Just for Show?
By: Ifrah Law
It’s a showdown in Texas over the legality of daily fantasy sports (“DFS”) contests under Texas law. But it’s a showdown only for show, it seems. The drama over the legality of DFS in Texas began on January 19, 2016, when Texas Attorney General Ken Paxton unilaterally issued an opinion letter declaring fantasy sports illegal within the state. The fallout from this opinion was swift….
Who Needs a License for Online Sports Betting and Gaming in New Jersey?
September 6, 2018
Who Needs a License for Online Sports Betting and Gaming in New Jersey?
By: Steven Eichorn
With online sports betting and gaming now legal in New Jersey, many businesses are seeking to jump into this flourishing industry. However, the regulations require that any company seeking to offer this kind of entertainment be associated with a land-based casino in the state, and that kind of association requires a specific legal status. Companies seeking to do business with a New Jersey casino need…
A Guide To Getting A Legal Online Gaming License
August 29, 2018
A Guide To Getting A Legal Online Gaming License
By: Ifrah Law
Now that states have the right to decide whether to allow sports betting within their borders, the floodgates have opened: numerous states are passing bills so that this form of entertainment can start generating revenue within their borders. Because many consumers will want to engage in this kind of online gaming on their mobile devices, some forward-thinking jurisdictions have specifically included mobile sports betting in…
Why We Won’t See A Federal Sports Betting Bill Soon
July 30, 2018
Why We Won’t See A Federal Sports Betting Bill Soon
By: Ifrah Law
Following the Supreme Court decision to overturn The Professional and Amateur Sports Protection Act (PASPA) in Murphy v. NCAA, in June Delaware became the first state to take advantage of the new ruling. Delaware governor John Carney placed the state’s first legal single-game bet: $10 on the Philadelphia Phillies in their game against the Chicago Cubs, and within 24 hours, Delaware drew more than $322,000…
Industry Experts Agree: Online and Mobile Wagering is Critical to the Success of Sports Betting
July 25, 2018
Industry Experts Agree: Online and Mobile Wagering is Critical to the Success of Sports Betting
By: Ifrah Law
The recent University of Nevada Las Vegas Institute on Gaming Regulation’s Understanding Sports Betting seminar included presentations by professors from UNLV, practicing attorneys in the field, sports book operators, and regulators from the Nevada Gaming Control Board, who provided a wide range of viewpoints on the ins-and-outs of sports betting regulation. The one topic on which all presenters and attendees agreed was the importance of…
