Advertising Prediction Markets? The CFTC Just Sent a Clear Message to Affiliates.

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 help solicit customers for these products. The CFTC makes one thing clear: the anti-fraud and anti-manipulation provisions of the Commodity Exchange Act apply to the marketing of event contracts. For affiliates that drive traffic to prediction markets, this guidance is a reminder that compliance is not limited to the operator. Marketing materials matter, and regulators…

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CFTC Sends Message to Prediction Markets: You Are Not a Sportsbook

August 11, 2026

CFTC Sends Message to Prediction Markets: You Are Not a Sportsbook

By: John Mikuta

In recent guidance, the Commodity Futures Trading Commission (“CFTC”) has made clear that event contracts offered by regulated prediction-market entities must not be marketed in a format commonly used by casino gambling bookmakers. The CFTC’s Division of Market Oversight and Market Participants Division issued a notice to all CFTC-regulated entities and affiliates regarding their obligations to refrain from engaging in misleading or deceptive practices when…

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Nicole Kardell on Keeping iGaming Clients Nimble Amidst Ever-Evolving Privacy Regulations 

August 3, 2026

Nicole Kardell on Keeping iGaming Clients Nimble Amidst Ever-Evolving Privacy Regulations 

By: Ifrah Law

For iGaming companies, protecting customer privacy is paramount: Nicole Kardell acts as their guardian against federal, state and civil actions that could damage their reputations and profitability. Nicole performs on the leading edge of privacy law, helping to keep Ifrah’s clients in compliance with U.S. and international regulations governing the handling of customers’ confidential information. A certified privacy professional with expertise in European privacy law…

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NBA Announces Deals to Provide Exclusive League Data to Sports Betting Operators

November 29, 2018

NBA Announces Deals to Provide Exclusive League Data to Sports Betting Operators

By: Ifrah Law

Once adamantly opposed to the idea of legal sports betting, professional sports leagues are now hurrying to play catch-up in order to profit from the burgeoning sports betting market. On Wednesday, the National Basketball Association (“NBA”) issued a release announcing its “first betting data partnerships in the U.S.” with sports data companies Sportradar and Genius Sports to distribute NBA sports betting data to United States…

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Ruling in Daniels v. FanDuel Highlights the Value of Sports Data and Contemporary Culture

October 29, 2018

Ruling in Daniels v. FanDuel Highlights the Value of Sports Data and Contemporary Culture

By: Nicole Kardell

More good news for sports betting operators exploring U.S. markets: the Indiana Supreme Court has upheld the “newsworthy value” of sports player stats. The ruling will make it harder for leagues and players to exercise control over (or to extract rents from) the distribution of player data. The case, Daniels v. FanDuel, was brought by several college athletes against DraftKings, Inc. and FanDuel, Inc. Plaintiff…

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But today I am still just a Bill

October 22, 2018

But today I am still just a Bill

By: James Trusty

By all accounts, a bill for legalized sports betting in D.C. (“The Sports Wagering Lottery Amendment Act of 2018”) was well-received last week by the City Council, but the byzantine process by which it might become a law leaves plenty of opportunities for mischief.  On Wednesday, Councilman Jack Evans introduced legislation with the support of Mayor Bowser and co-sponsorship of five other councilmembers, and with…

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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….

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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…

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Articles and Presentations by Our Firm Attorneys

Advertising Prediction Markets? The CFTC Just Sent a Clear Message to Affiliates.

Advertising Prediction Markets? The CFTC Just Sent a Clear Message to Affiliates.
By: Kyra Pulliam

CFTC Sends Message to Prediction Markets: You Are Not a Sportsbook

CFTC Sends Message to Prediction Markets: You Are Not a Sportsbook
By: John Mikuta

Nicole Kardell on Keeping iGaming Clients Nimble Amidst Ever-Evolving Privacy Regulations 

Nicole Kardell on Keeping iGaming Clients Nimble Amidst Ever-Evolving Privacy Regulations 
By: Ifrah Law

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