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High Wire Act
FEATURED
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 analysis of the text and legislative history of the Wire Act, OLC concluded that Congress intended the Wire Act to apply only to sports-based gambling activity. 35 Op.O.L.C. 1(2011).[1] In reaching that conclusion, OLC found that Congress had clearly and directly focused upon off-track betting on horse races, as well as the expected negative effect…
Robert Ward on Helping iGaming Clients Outmaneuver Lawsuit-Obsessed Adversaries
September 8, 2026
Robert Ward on Helping iGaming Clients Outmaneuver Lawsuit-Obsessed Adversaries
By: Ifrah Law
Today’s iGaming companies face new litigation threats as expansive consumer protection statutes spark lawsuits with sky’s-the-limit aspirations, sometimes backed by private funders. Clients of Ifrah Law have a staunch defender in Robert Ward – an agile litigator and case tactician who responds to the changing state of play with creative legal defenses and efficient case-closing strategies. Robert draws on federal clerkship experience and appellate defense…
In the Market for Judicial Review: Circuit Split on CFTC Preemption Makes SCOTUS a Predictable Destination
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…
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…
Sorry, NY Fantasy Sports Fans. No Play for You!
November 16, 2015
Sorry, NY Fantasy Sports Fans. No Play for You!
By: Jeff Ifrah
Daily Fantasy Sports (or DFS) offers daily excitement to millions of US sports fans, and it enjoys tremendous support from its fan base. That support was on display today in NYC, as more than 250 upset fans rallied in front of the Attorney General’s office. The rally in support of DFS was in response to last week’s controversial announcement by New York Attorney General Eric…
Why Virtual Gold Can’t Buy Plaintiffs Happiness
November 10, 2015
Why Virtual Gold Can’t Buy Plaintiffs Happiness
By: Ifrah Law
A federal court has soundly rejected a plaintiff’s contention that she suffered any real-world harm based on in-game losses of virtual currency. In Mason v. Machine Zone, Inc., plaintiff Mia Mason alleged that she was a regular player of a free-to-play mobile game called Game of War (GoW): Fire Age. GoW is a multiplayer online strategy game in which players construct a simulated empire and…
The Return of The King
October 1, 2015
The Return of The King
By: Ifrah Law
PokerStars, the innovative online poker industry leader with a deeply loyal U.S. fan base, is making its highly anticipated return to the United States online gaming market. New Jersey regulators have approved PokerStars’ parent company, Amaya, to partner with Resorts Atlantic City to offer online gaming platforms in the state through the PokerStars and Full Tilt brands. As the world’s largest and most popular online…
