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CFTC Opens the Door for Passive Software Providers in Derivatives Markets

CFTC Opens the Door for Passive Software Providers in Derivatives Markets

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…

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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…

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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…

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Maryland’s Ever-Changing Gaming Landscape: Evolution, Adaptation, and Legal Tension

March 23, 2026

Maryland’s Ever-Changing Gaming Landscape: Evolution, Adaptation, and Legal Tension

By: Abbey Block

Maryland’s Ever-Changing Gaming Landscape: Evolution, Adaptation, and Legal Tension Earlier this month I had the opportunity to attend the 3rd annual Town Hall Meeting, hosted by Morgan State University’s Center for Data Analytics and Sports Gaming Research and National Council of Legislators from Gaming States and participate in a lively discussion about the ever-changing face of gambling. Our panel covered the latest and greatest developments…

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Major League Development: CFTC and MLB Agree to Monitor the Integrity of Prediction Markets

March 19, 2026

Major League Development: CFTC and MLB Agree to Monitor the Integrity of Prediction Markets

By: John Mikuta

In a watershed moment for the prediction market industry, the Commodity Futures Trading Commission (“CFTC”) signed a Memorandum of Understanding (“MOU”) with Major League Baseball (“MLB”) today.  According to the CFTC’s press release, the groundbreaking agreement “establishes a framework for the CFTC and MLB to discuss, cooperate, and exchange information concerning issues of common interest including protecting the integrity of professional baseball and the relating…

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Jim Trusty on Smart Legal Moves for Clients Under Pressure

March 18, 2026

Jim Trusty on Smart Legal Moves for Clients Under Pressure

By: Ifrah Law

A veteran federal prosecutor and formidable white-collar litigator, Jim Trusty clears a lane for clients facing a gauntlet of criminal charges, civil actions, investigations, and regulatory proceedings. From professional athletes facing sports wagering accusations or indictments, to gaming companies and executives involved in regulatory or white-collar matters, clients rely on Jim’s legal strategy, political savvy, and prosecutorial insights when the stakes are highest. Protecting iGaming…

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Gambling on Skill: Enforcement of Gambling Laws Against Skill Games in Outlier States

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…

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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…

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Articles and Presentations by Our Firm Attorneys

CFTC Opens the Door for Passive Software Providers in Derivatives Markets

CFTC Opens the Door for Passive Software Providers in Derivatives Markets
By: John Mikuta

Trust the Future You Trade: Lessons About Prediction Market Surveillance from the DACOM Summit

Trust the Future You Trade: Lessons About Prediction Market Surveillance from the DACOM Summit
By: John Mikuta

High Wire Act

High Wire Act
By: James Trusty

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