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Gambling on Skill: Enforcement of Gambling Laws Against Skill Games in Outlier States
FEATURED
March 10, 2026
Gambling on Skill: Enforcement of Gambling Laws Against Skill Games in Outlier States
By: Jordan Briggs
In many states, people can legally pay entry fees to participate in a skill game and win cash prizes. For most states that allow participants to wager on their own skilled gameplay, the analysis for whether a certain game qualifies as a legal skill game turns on whether the game is one of chance or of skill. Each state has its own test to determine if a game is chance or skill, but these tests fall into three categories. The most common test is the “predominant factor” test, which recognizes that all games have some element of chance but hinges on whether skill dominates the contest. If factors like superior knowledge, dexterity, and practice contribute largely to the outcome (i.e.,…
CFTC Plants the Flag on Regulating Prediction Markets
March 4, 2026
CFTC Plants the Flag on Regulating Prediction Markets
By: John Mikuta
On February 25, 2026, the Commodity Futures Trading Commission (“CFTC”), the governmental body primarily responsible for overseeing prediction markets, took a significant step toward consolidating its authority to oversee trading activities on prediction-market platforms.[1] The CFTC’s Division of Enforcement issued a “Prediction Markets Advisory” describing two enforcement actions brought by Kalshi, the world’s largest prediction market.[2] Both enforcement actions involved trades by Kalshi users who…
Jeff Ifrah Talks iGaming M&A: Opportunities, Strategies, and Smart Plays
February 18, 2026
Jeff Ifrah Talks iGaming M&A: Opportunities, Strategies, and Smart Plays
By: Ifrah Law
One of the best-known power players in iGaming, Jeff Ifrah is both the team captain and the founding MVP of Ifrah Law’s nationally ranked Online Gaming and Sports Betting practice. His strength as a litigator is matched by his depth as a business strategist and counselor. A respected dealmaker, Jeff has helped to incubate, structure and advise on many of the industry’s game-changing M&A transactions…
Lesniak’s Bill is New Jersey’s Latest Play to Bring Sports Betting to the State
July 15, 2014
Lesniak’s Bill is New Jersey’s Latest Play to Bring Sports Betting to the State
By: Ifrah Law
Sometimes you should be careful what you ask for. And sometimes even when you get what you ask for, it turns out not to be what you wanted. The U.S. Supreme Court recently denied a petition for certiorari by the State of New Jersey in the case challenging its sports wagering law as a violation of the Professional and Amateur Sports Protection Act of 1992 (“PASPA”), the federal law that prohibits state-sponsored sports…
Florida’s Sweepstakes Law Takes Aim at Dubious Sweepstakes Run by Non-Profits – Legislative Fix Has Broad, Unintended Consequences
July 1, 2014
Florida’s Sweepstakes Law Takes Aim at Dubious Sweepstakes Run by Non-Profits – Legislative Fix Has Broad, Unintended Consequences
By: Michelle Cohen
Florida continues to lead the fight against illegal gambling in Internet cafes. In 2013, state and federal agents arrested dozens of individuals associated with Internet sweepstakes cafes operated by the “Allied Veterans of the World & Affiliates,” a purported charitable group. These Internet cafes operated under a potential legal loophole. Patrons were supposedly buying Internet time during which, proponents claimed, they were also playing…
Supreme Court Denies Cert. in New Jersey Sports Betting Case
July 1, 2014
Supreme Court Denies Cert. in New Jersey Sports Betting Case
By: Ifrah Law
On June 23, the United States Supreme Court denied New Jersey’s petition for a writ of certiorari to hear an appeal from lower court decisions that invalidated its sports wagering law. This ends a three year fight to bring sports betting to New Jersey’s casinos and racetracks, but NJ State Senator Raymond Lesniak, who has spearheaded efforts to bring sports betting to the state has vowed…
Why Is Casino Gaming Excluded from Online Gaming Proposals?
June 30, 2014
Why Is Casino Gaming Excluded from Online Gaming Proposals?
By: Ifrah Law
Now that three states—Delaware, Nevada, and New Jersey—have successfully launched online gaming, there is a flurry of proposed legislation as other U.S. jurisdictions seek to get in on the action. A surprising number of the proposals seek to limit gaming to poker alone, forbidding real-money online casino games such as slots and blackjack. Such proposals have been floated in California, Pennsylvania, and even by the…
Court Decision Good for Poker, Bad for Bottom Feeding Plaintiffs
June 30, 2014
Court Decision Good for Poker, Bad for Bottom Feeding Plaintiffs
By: Ifrah Law
On Friday, a New Jersey state court judge threw out a lawsuit brought against the Borgata Hotel Casino & Spa in Atlantic City by six men who alleged that the Borgata was negligent in running a tournament in the 2014 Borgata Winter Poker Open which was cancelled after counterfeit poker chips were discovered in circulation. After the Big Stack, No Limit Hold ‘Em tournament…
