Insights < BACK TO ALL INSIGHTS
CFTC Sends Message to Prediction Markets: You Are Not a Sportsbook
FEATURED
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 advertising, listing, or transacting event contracts. The notice highlights the CFTC’s growing concerns about the promotion of event contracts using the “American odds” format associated with sports betting and casino operators rather than nominal or percentage terms that reflect market pricing. The notice stresses that this practice could create confusion about the nature of the…
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…
Betting on Technology: Bipartisan Proposal for Requiring Facial Recognition to Keep Minors from Wagering Online
July 29, 2026
Betting on Technology: Bipartisan Proposal for Requiring Facial Recognition to Keep Minors from Wagering Online
By: Lauren Scribner
“As every parent knows, when you tell a kid not to do something, they almost always end up trying to do it,” said Congresswoman Kristen MacDonald Rivet (MI-8) about the recently introduced bipartisan “Facial Recognition to Protect Children Act” (“proposed Act”).[1] She continued, “[k]ids under the age of 18 shouldn’t be making bets, but now it’s just a few taps away on their phones. Our…
Shutting the Valve on Skin Betting
October 26, 2016
Shutting the Valve on Skin Betting
By: Nicole Kardell
A tried and true military strategy is to cut off your enemy’s supply lines: blow up a bridge and force a retreat. The tactic works in other situations too. It is regularly used by legislators and government agencies to address what they view as problem behavior from a particular industry. Instead of targeting the industry, they go after a major supplier, stakeholder, or intermediary. Want…
An Esports Slam Dunk: What the NBA’s Investment in Esports Means
October 20, 2016
An Esports Slam Dunk: What the NBA’s Investment in Esports Means
By: Ifrah Law
On September 26, 2016, the Philadelphia 76ers announced that they had acquired two leading eSports teams, Team Dignitas and Team Apex. Not to be outdone, the next day Team Liquid announced they had sold a controlling share to Golden State Warriors co-owner Peter Guber and entrepreneur Ted Leonsis, who is the majority owner of the private company that owns the Washington Wizards. The Sixers, Guber,…
A Bank is a Bank
August 15, 2016
A Bank is a Bank
By: Steven Eichorn
Do you remember when I wrote about how a federal district court had ruled that an online poker account was akin to a bank account and should therefore be subject to FBAR reporting? It seemed nonsense to me at the time—and I also worried about whether the court’s expanded definition of a “financial institution” would be applied to other types of escrow accounts beyond gaming….
Pokémon Go Craze: Battle, Train, Win – But No Betting
July 19, 2016
Pokémon Go Craze: Battle, Train, Win – But No Betting
By: Jeff Ifrah
We are living in a virtual (or perhaps “augmented”) Pokémon explosion. You can’t get away from news of public craze over Pokémon Go. Players young and youngish have made the game today’s most popular app, outpacing Twitter and Tinder download rates. In less than ten days from its release, estimates are that almost 26 million Americans are playing the game. What’s more, SurveyMonkey intelligence predicts…
New Concerns Over Esports Betting; Jeff Ifrah Responds
July 14, 2016
New Concerns Over Esports Betting; Jeff Ifrah Responds
By: Ifrah Law
*photo obtained from https://gameora.tumblr.com/ In light of unprecedented controversy over the legality of “skin betting” and eSports gambling, Jeff Ifrah and two other attorneys took to Reddit to answer questions from players, fans, and professionals. Together with Bryce Blum and Ryan Morrison, Ifrah participated in an AUA (“Ask Us Anything”) thread on July 5, 2016—just after the news about Trevor “TmarTn” Martin, Thomas “Syndicate” Cassell,…
