In the Market for Judicial Review: Circuit Split on CFTC Preemption Makes SCOTUS a Predictable Destination

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 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…

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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…

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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…

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Daily Fantasy Sports and the Start of Class Action Season

January 7, 2015

Daily Fantasy Sports and the Start of Class Action Season

By: Ifrah Law

While billions of dollars of sports betting continues in the shadowy world of illegal off-shore sports books, the fantasy sports business has been on fire.  And as fantasy sports becomes the new hot “thing” online, it has continued to evolve: Dozens of companies are entering the market to offer everything thing from the increasingly common single day fantasy contests to the stock market-like contest offered…

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The Current State of Online Lottery Sales and the Outlook for 2015

December 23, 2014

The Current State of Online Lottery Sales and the Outlook for 2015

By: Ifrah Law

As states continue to search for ways to generate additional revenue, several states have explored the possibility of selling lottery tickets online.  Online lottery ticket sales represent an untapped market for state lotteries that could see rapid expansion in the next several years and it also looks to be a hot issue in several state legislatures for 2015. In 2011, an opinion issued by the Department of…

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Google Play and the Slow Transition to Mobile for Real Money Gaming

November 18, 2014

Google Play and the Slow Transition to Mobile for Real Money Gaming

By: Ifrah Law

If the past 10 years have taught us anything it’s that the future is not just online, it’s on the go.  For countless consumers, mobile and tablet devices are the preferred method of accessing online content.  After a slow start, gaming developers have come around to prioritizing mobile platforms.  All of this momentum has ground to a halt at the most unlikely of sources: app…

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CalvinAyre.com Interviews Jeff Ifrah at G2E 2014 on NJ Sports Betting

October 15, 2014

CalvinAyre.com Interviews Jeff Ifrah at G2E 2014 on NJ Sports Betting

By: Ifrah Law

This year’s G2E Conference in Las Vegas was held at the Sands Expo & Convention Center from September 29th to October 2nd. This premier gaming event is the largest floor show in North America with over 450 vendors and exhibitors, and also features key presentations by leaders in the industry. Firm founder, Jeff Ifrah was in attendance at G2E 2014 as the Moderator for the session titled, “Bad Actors:…

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The Push to Legalize NJ Sports Betting- Bloomberg Law Radio Interview with Jeff Ifrah

September 17, 2014

The Push to Legalize NJ Sports Betting- Bloomberg Law Radio Interview with Jeff Ifrah

By: Ifrah Law

Last week, the administration of New Jersey Governor Chris Christie issued a directive to the state’s casinos and racetracks allowing them to offer sports betting.  The direction was surprising to many who believed that the governor had yielded to the Supreme Court’s refusal to hear the state’s appeal on the federal sports betting ban. Recently, founding partner of Ifrah Law, Jeff Ifrah took the time to discuss the legal issues…

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Articles and Presentations by Our Firm Attorneys

In the Market for Judicial Review: Circuit Split on CFTC Preemption Makes SCOTUS a Predictable Destination

In the Market for Judicial Review: Circuit Split on CFTC Preemption Makes SCOTUS a Predictable Destination
By: John Mikuta

A Ticket to Win: Are Travel Points a Thing of Value?

A Ticket to Win: Are Travel Points a Thing of Value?
By: Abbey Block

Advertising Prediction Markets? The CFTC Just Sent a Clear Message to Affiliates.

Advertising Prediction Markets? The CFTC Just Sent a Clear Message to Affiliates.
By: Kyra Pulliam

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