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In the Market for Judicial Review: Circuit Split on CFTC Preemption Makes SCOTUS a Predictable Destination
FEATURED
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…
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…
