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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…
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…
Many Firsts Surrounding This Year’s GiGse Conference
April 23, 2015
Many Firsts Surrounding This Year’s GiGse Conference
By: Ifrah Law
The 2015 Global iGaming Summit & Expo (GiGse) took place last week in San Francisco, and coincided with many exciting industry firsts. GiGse is the largest and most established event in North America which annually attracts over 700 iGaming and related industry professionals from all over the world. On April 20th, eGaming Review (EGR) North America, named Ifrah Law “Best Legal and Compliance Partner” in the U.S. at their inaugural…
