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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…
Effective Sports Betting Regulation Must Cover Mobile and Online Betting, Too.
June 4, 2018
Effective Sports Betting Regulation Must Cover Mobile and Online Betting, Too.
By: George Calhoun
On May 14, 2018, the Supreme Court struck down the Professional and Amateur Sports Protection Act (“PASPA”), clearing the way for states to legalize sports gambling. In its wake, many states are now rushing to do just that. Currently fourteen states have legislation pending that would authorize some degree of sports wagering. An additional five states already have passed laws (New Jersey, West Virginia, Pennsylvania,…
Ifrah Law Article on SCOTUS Sports Betting Decision in George Washington Law Review
May 30, 2018
Ifrah Law Article on SCOTUS Sports Betting Decision in George Washington Law Review
By: Jeff Ifrah
In their recent article published in the George Washington Law Review, firm founder Jeff Ifrah and associate David Yellin describe the three immediate effects of the groundbreaking Supreme Court decision in Murphy v. NCAA: “this ruling immediately legalizes sports betting in New Jersey, opens up a logjam that states, casinos, and foreign sportsbooks have been hoping to break for years, and will likely lead to a…
The Perverse Impact of Indiana’s Proposed “Integrity Fee” in Sports Gaming
January 10, 2018
The Perverse Impact of Indiana’s Proposed “Integrity Fee” in Sports Gaming
By: George Calhoun
Anticipating a positive ruling from the Supreme Court in Christie vs. NCAA, legislators in Indiana have introduced a new sports wagering bill. Unfortunately, the bill includes a previously unseen poison pill in the form of a 1% “integrity fee” payable to the governing sports bodies: A sports wagering operator shall remit to a sports governing body that has provided notice to the commission under section…
Ifrah’s David Yellin Takes on Noted Attorney Paul Clement on Legality of PASPA
October 26, 2017
Ifrah’s David Yellin Takes on Noted Attorney Paul Clement on Legality of PASPA
By: Ifrah Law
Talk about a true David and Goliath story: David Yellin, an associate at Ifrah Law, recently called out Paul Clement, a true Goliath in the legal field. Unfazed by Clement’s impressive credentials – Clement boasts about his Supreme Court clerkship and his stints as Deputy Solicitor General and Solicitor General on his Kirkland & Ellis bio – Yellin challenged Clement on his interpretation of a…
Apple Decides To Clean House
October 20, 2017
Apple Decides To Clean House
By: Ifrah Law
App developers, take note: due to Apple’s latest “clean-up” project, you should review your current apps to ensure that they meet Apple’s new App Store Review Guidelines. Make sure that your app is not a clone, does not offer spam or pirated material, is up-to-date, and has a “unique feel.” What prompted Apple’s clean-up project? A personal anecdote may explain. Like many of you, I…
