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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…
Apparently, the Wizard of Oz Notwithstanding, Kansas Frowns upon Fantasy
August 28, 2014
Apparently, the Wizard of Oz Notwithstanding, Kansas Frowns upon Fantasy
By: Ifrah Law
Last week, the Kansas Gaming & Racing Commission (“KGRC”) updated the “Frequently Asked Questions” on its website to reflect its position that fantasy sports leagues violate Kansas law against gambling. Under Kansas law, a “bet” is defined as “a bargain in which the parties agree that, dependent upon chance, one stands to win or lose something of value specified in the agreement,” K.S.A. 21-6403(a), and…
Gov. Christie Vetoes Latest Sports Betting Bill
August 11, 2014
Gov. Christie Vetoes Latest Sports Betting Bill
By: Ifrah Law
On Friday, New Jersey Governor Chris Christie vetoed a bill that marked the latest effort to bring legal sports betting to the state’s casinos and racetracks marking another temporary setback, though the efforts may not be over. The Governor stated in his veto message that the Third Circuit’s opinion from earlier this year striking down New Jersey’s first attempt to legalize sports betting “may not…
Kentucky Becomes Latest State to Move Toward Online Lottery Ticket Sales
July 31, 2014
Kentucky Becomes Latest State to Move Toward Online Lottery Ticket Sales
By: Ifrah Law
Earlier this month, the Kentucky Lottery Corporation (“KLC”) presented state lawmakers with a timeline for the launching of an online lottery ticket sales platform by the middle of 2015. The KLC’s plan is to launch multi-state drawing games such as Powerball first and then launch other lottery products in the following months. Online lottery ticket sales represent an untapped market for state lotteries that…
Atlantic City Needed to Go Online Years Ago
July 23, 2014
Atlantic City Needed to Go Online Years Ago
By: Jeff Ifrah
Photo Credit: Meinzahn Three more casinos are set to close in Atlantic City. Unions, politicians and lobbyists are pointing fingers. One thing is for certain, newly introduced online gaming legislation is not to blame. If experts had been paying attention to the trends, they would have introduced regulated online gaming into New Jersey years ago. New Jersey voters approved a measure to legalize casinos in…
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…
