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In the Market for Judicial Review: Circuit Split on CFTC Preemption Makes SCOTUS a Predictable Destination
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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 operations in the state of Nevada.[1] The Ninth Circuit held that the lower court did not abuse its discretion in concluding that Kalshi was not entitled to a preliminary injunction because it did not establish a likelihood that the federal Commodity Exchange Act (“CEA”) preempts state gaming regulations. The Ninth Circuit’s ruling stands in direct…
A Ticket to Win: Are Travel Points a Thing of Value?
August 21, 2026
A Ticket to Win: Are Travel Points a Thing of Value?
By: Abbey Block
With the end of summer drawing near, many American families may be hoping to book a last-minute getaway. Some of those travelers may be hoping to take advantage of credit card points to book their trips on the cheap. Credit card points have become a ubiquitous part of American capitalism – particularly those offered by airlines, often referred to as “travel points.” According to the…
Advertising Prediction Markets? The CFTC Just Sent a Clear Message to Affiliates.
August 17, 2026
Advertising Prediction Markets? The CFTC Just Sent a Clear Message to Affiliates.
By: Kyra Pulliam
The Commodity Futures Trading Commission (CFTC) recently issued guidance directed to designated contract markets (DCMs) concerning the marketing and offering of event contracts. The guidance was addressed to DCMs because no swap execution facilities (SEFs) currently list event contracts. However, the CFTC’s analysis is equally applicable to futures commission merchants (FCMs) and introducing brokers (IBs), as well as the advertising affiliates and marketing partners that…
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…
Monmouth Park Brings Exchange Wagering to the United States
May 11, 2016
Monmouth Park Brings Exchange Wagering to the United States
By: Ifrah Law
Exchange wagering—a fixed-odds variant of pari-mutuel betting—is making its U.S. debut today. Monmouth Park, a racetrack in New Jersey, has begun offering on-site and online exchange wagering in cooperation with Betfair US. Beyond its own races, Monmouth Park has agreements for simulcast exchange wagering on ten racetracks around the country, with plans to expand the number of tracks offered as interest grows. New Jersey legalized…
New Jersey Issues Bulletin Clarifying Licensure Standards for Internet Gaming
April 19, 2016
New Jersey Issues Bulletin Clarifying Licensure Standards for Internet Gaming
By: Ifrah Law
Today, the New Jersey DGE issued a “Director’s Advisory Bulletin” clarifying how it would apply its suitability rules to gaming license applicants who conduct internet gaming in other jurisdictions. If you offer a game that is illegal in any jurisdiction, the DGE will consider you unsuitable and bar you from the New Jersey market. The new Bulletin clarified what New Jersey considers illegal: If you…
New York DFS: Sites Agree To Armistice, Not A Settlement
March 22, 2016
New York DFS: Sites Agree To Armistice, Not A Settlement
By: Ifrah Law
The New York Attorney General, FanDuel, and Draft Kings announced yesterday that a settlement had been reached in the litigation over the future of daily fantasy sports (“DFS”) in New York. Effective immediately, FanDuel and DraftKings will discontinue operations in New York and pay out existing balances to New Yorkers. This sounds like a major victory for the AG, and a surprising capitulation by the…
Guitar Hero for Cash! New Jersey Issues Temporary Regulations for Skill-Based Gaming
February 25, 2016
Guitar Hero for Cash! New Jersey Issues Temporary Regulations for Skill-Based Gaming
By: Michelle Cohen
Just last month at the National Council of Legislators from Gaming States (“NCLGS”) winter meeting in Orlando, I discussed the strong interest in skill-based games by casino owners, regulators, legislators, and the public. In an effort to appeal to millennials, fill empty slot seats, and expand the demographic at Atlantic City casinos, New Jersey’s Division of Gaming Enforcement (“DGE”) just announced new temporary regulations for “skill-based…
