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High Wire Act
FEATURED
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 analysis of the text and legislative history of the Wire Act, OLC concluded that Congress intended the Wire Act to apply only to sports-based gambling activity. 35 Op.O.L.C. 1(2011).[1] In reaching that conclusion, OLC found that Congress had clearly and directly focused upon off-track betting on horse races, as well as the expected negative effect…
Robert Ward on Helping iGaming Clients Outmaneuver Lawsuit-Obsessed Adversaries
September 8, 2026
Robert Ward on Helping iGaming Clients Outmaneuver Lawsuit-Obsessed Adversaries
By: Ifrah Law
Today’s iGaming companies face new litigation threats as expansive consumer protection statutes spark lawsuits with sky’s-the-limit aspirations, sometimes backed by private funders. Clients of Ifrah Law have a staunch defender in Robert Ward – an agile litigator and case tactician who responds to the changing state of play with creative legal defenses and efficient case-closing strategies. Robert draws on federal clerkship experience and appellate defense…
In the Market for Judicial Review: Circuit Split on CFTC Preemption Makes SCOTUS a Predictable Destination
September 1, 2026
In the Market for Judicial Review: Circuit Split on CFTC Preemption Makes SCOTUS a Predictable Destination
By: John Mikuta
The ongoing legal battle over whether the federal Commodity Futures Trading Commission (“CFTC”) or state regulators have the authority to regulate sports-related prediction markets is heating up. Last week, the U.S. Court of Appeals for the Ninth Circuit turned away a challenge by Kalshi, the largest prediction market in the United States, to the Nevada Gaming Control Board’s letter ordering it to cease and desist…
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….
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…
