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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…
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…
Five Legal Issues Your eSports Company Needs to Know About Operating in the U.S.
September 14, 2015
Five Legal Issues Your eSports Company Needs to Know About Operating in the U.S.
By: Michelle Cohen
Photo courtesy https://outplayed.fr/ With a $143 million market in North America, eSports is big business in the U.S. And given its swift rise in popularity – 205 million people worldwide watched or played eSports in 2014, it will only become bigger. At last week’s eSports Conference, held in San Francisco September 9-10, industry leaders met and mingled while discussing market trends, best practices and the…
Wanted: A Quarterback for Legalization Of U.S. Sports Betting
August 12, 2015
Wanted: A Quarterback for Legalization Of U.S. Sports Betting
By: Jeff Ifrah
*This piece first appeared on the site LegalSportsReport.com on August 11, 2015 Welcome to one of the biggest business opportunities on Planet Earth: legalized sports betting in the United States, the land of the free and the home of 200 million sports fans. It hasn’t happened yet, but odds are, it will. And when it does, the overwhelming spoils will go to licensed and law abiding actors…
Captain Obvious Makes Landmark Ruling: Texas Hold ‘Em Is Poker
July 24, 2015
Captain Obvious Makes Landmark Ruling: Texas Hold ‘Em Is Poker
By: Nicole Kardell
Texas Hold ‘Em is poker. This probably doesn’t come as a surprise to most, but the pronouncement was a serious disappointment to an Idaho casino. The Ninth Circuit U.S. Court of Appeals ruled this week that the Coeur d’Alene Tribe’s Idaho-based casino could not lawfully offer Texas Hold ‘Em on its site as the game was in fact poker, and poker is specifically prohibited by Idaho’s…
