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CFTC Opens the Door for Passive Software Providers in Derivatives Markets?
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September 28, 2026
CFTC Opens the Door for Passive Software Providers in Derivatives Markets?
By: John Mikuta
In a new no-action letter, the Commodity Futures Trading Commission (“CFTC”) recently opened the door for software developers building software to facilitate trading in derivatives and futures. The CFTC’s Market Participants Division (“MPD”) issued a no-action position providing that it would not recommend bringing an enforcement action against a “passive software provider,” or “PSP”, for failing to register as an introducing broker (“IB”) or associated person of an IB under the Commodity Exchange Act (“CEA”).[1] As background, the CEA requires any person who, for compensation or profit, “is engaged in soliciting and in accepting orders” for futures and swaps to register as an IB.[2] Individuals performing that work for an IB must also register themselves as associated persons.[3] The CFTC…
Trust the Future You Trade: Lessons About Prediction Market Surveillance from the DACOM Summit
September 23, 2026
Trust the Future You Trade: Lessons About Prediction Market Surveillance from the DACOM Summit
By: John Mikuta
Prediction markets are no longer a niche offering confined to a small corner of the internet. The rapid growth of prediction markets has launched them into the mainstream as a meaningful part of the financial ecosystem. But with that growth comes many of the same market integrity and compliance challenges that more traditional financial markets have long encountered. Prediction markets have faced public scrutiny over…
High Wire Act
September 22, 2026
High Wire Act
By: James Trusty
The federal statute known as the Wire Act (18 U.S.C. § 1084) has had a tumultuous history. For many years, the DOJ interpreted it to include restrictions on both sporting events and non-sporting contests. That changed dramatically in 2011, when the Office of Legal Counsel (“OLC”), responding to states seeking clarification before establishing state lotteries, published an analysis of the Wire Act. After a thorough…
Lawmakers Pass Online Gambling Bill in Michigan: What this Means for The Great Lakes State
December 21, 2018
Lawmakers Pass Online Gambling Bill in Michigan: What this Means for The Great Lakes State
By: Ifrah Law
The Michigan legislature has passed a trio of bills that would legalize and regulate online gaming. If these bills are signed into law, Michigan’s three commercial casinos and 24 tribal casinos will soon offer players sports betting, online poker, and online casino games. In addition, these bills will pave the way for sports betting in 2019. With this triumvirate in place, Michigan is guaranteed…
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…
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…
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…
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….
