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CFTC Opens the Door for Passive Software Providers in Derivatives Markets
FEATURED
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…
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,…
Eric Schneiderman’s Losing Lineup
June 27, 2016
Eric Schneiderman’s Losing Lineup
By: Jeff Ifrah
Defenders of DFS like to point out that it is skill-predominant. If the same can be said for public prosecution, then New York Attorney General Eric Schneiderman has been fielding one hell of a losing lineup. Between the two of them, DraftKings and FanDuel dominated the DFS space, and they still did after Schneiderman dumped near-identical complaints at their doorsteps. But now their well-being was…
How the Gray Bill Tries to Keep Out Bad Actors
May 24, 2016
How the Gray Bill Tries to Keep Out Bad Actors
By: Steven Eichorn
The iGaming world is excited about Assembly Bill 2863—better known as the Gray bill because of lead sponsor Adam Gray—which would legalize and regulate intrastate online poker in California. A few weeks ago, the bill unanimously cleared the Assembly’s Governmental Organization Committee; now it looks set to clear the Appropriations Committee as well. Those are promising signs—but we’ve seen this before. Last year, a similar…
Social Casino Survives Latest “Gambling” Lawsuit
May 13, 2016
Social Casino Survives Latest “Gambling” Lawsuit
By: Ifrah Law
It’s a familiar sight: rows of men and women, on a bus or a subway, hands and eyes glued to their phones. But they’re not talking or texting or e-mailing. They are playing slots, though not for real money. This is the world of social casino – the subgenre of social gaming featuring casino-style games such as slots, blackjack, and poker. And it’s a huge…
