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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…
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…
Another Bill to Expand the Wire Act: Bad Law Clothed in a Lie
June 25, 2015
Another Bill to Expand the Wire Act: Bad Law Clothed in a Lie
By: Ifrah Law
It is ironic that recent proposed legislation that would expand the scope of the federal Wire Act comes from a U.S. senator in the South, where “states’ rights” has always been a rallying cry. This past week’s focus on the presence of the Confederate battle flag on the grounds of the South Carolina capitol (and elsewhere) brought back to the fore the specter of “states’…
Minnesota Phases Out State Lottery-Operated Online Games
May 21, 2015
Minnesota Phases Out State Lottery-Operated Online Games
By: Michelle Cohen
Minnesota’s legislature recently passed a bill that bars the Minnesota Lottery from offering online games, following a four month transition period. Specifically, the new law bans the lottery director from offering “the play of, on an electronic terminal, through a Web site, or by any other means or device, casino-style games, including but not limited to blackjack, craps, keno, dice games, roulette, or poker.” The…
The “Fight of the Century” in its 13th Round
May 8, 2015
The “Fight of the Century” in its 13th Round
By: Nicole Kardell
It’s not uncommon to see sports fans get emotional at a game, match, race, or fight. They feel invested in their team, invested in their athlete. For the sports bettors out there, that investment may be literal, but for most it’s largely emotional. So at the hour of defeat do disappointed fans have a legal right to a return on their investment if the contest…
Wisconsin Indian Tribe Prevails – State Cannot Ban Electronic Poker on Reservation
May 6, 2015
Wisconsin Indian Tribe Prevails – State Cannot Ban Electronic Poker on Reservation
By: Ifrah Law
The U.S. Court of Appeals for the Seventh Circuit has overturned a federal district court ruling that had permitted the State of Wisconsin to prohibit the Ho Chunk tribe from offering electronic poker on its reservation although such games are not explicitly and uniformly prohibited in that state. This ruling may have implications for the ability of tribes to offer online poker – an issue…
