Insights < BACK TO ALL INSIGHTS
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…
ESPN’s ‘Outside the Lines’ Interviews Jeff Ifrah On The Future of Sports Betting in The U.S.
January 29, 2016
ESPN’s ‘Outside the Lines’ Interviews Jeff Ifrah On The Future of Sports Betting in The U.S.
By: Nicole Kardell
*Image from CalvinAyre.com Ifrah Law founding partner, Jeff Ifrah, weighed in on the battle over bets in a recent newscast for ESPN’s “Outside the Lines.” During the program, Jeff observed that major league sports are getting accustomed to the idea of legalized sports betting: “They are willing to recognize regulation; they’re willing to recognize the legality and it seems to indicate that they are willing to…
“The Times They Are A Changin’” For New Jersey Gaming
January 26, 2016
“The Times They Are A Changin’” For New Jersey Gaming
By: Ifrah Law
As the saying goes, “What doesn’t kill you makes you stronger.” It’s no secret that Atlantic City has faced its share of troubles. Gaming statewide continues to face transition, but after the dust settles, gaming in New Jersey, and even in struggling Atlantic City, should emerge stronger than ever. Following is the state of gaming in New Jersey as we enter 2016. Sports Betting En…
In 2016- Who Will (Finally) Say Yes To Regulated Online Gaming?
January 20, 2016
In 2016- Who Will (Finally) Say Yes To Regulated Online Gaming?
By: Ifrah Law
*This article first appeared in the January 2016 issue of eGR North America Magazine Pennsylvania is the most likely, and has been making slow but relatively steady progress since it commissioned a study into online gaming back in 2014. Since then, several bills have been introduced. Efforts have stalled, but not as in other jurisdictions where delays are based on moral outrage, a lack of political…
Why Can’t I Buy A Powerball Ticket Online?
January 14, 2016
Why Can’t I Buy A Powerball Ticket Online?
By: Jeff Ifrah
As a gaming lawyer, I get asked a lot of questions about what is legal and what is not legal. A lot of folks end conversations with me by scratching their heads and saying “that doesn’t make sense at all.” The most recent head scratcher? A lot of online sites recently offered to sell Powerball tickets to out-of-state residents. Is that legal? The answer unfortunately…
The Ongoing Legal Saga Between New York and Daily Fantasy Sports
December 14, 2015
The Ongoing Legal Saga Between New York and Daily Fantasy Sports
By: Jeff Ifrah
Christmas didn’t come early for daily fantasy sports players in New York. A state judge issued an injunction this Friday ordering the two largest DFS sites, DraftKings and FanDuel, to shut down. The injunction was based upon the judge’s finding that DFS constituted illegal gambling under state law. Fortunately for the sites, their players, and their investors, the two operators immediately appealed the court’s decision…
