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In the Market for Judicial Review: Circuit Split on CFTC Preemption Makes SCOTUS a Predictable Destination
FEATURED
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…
Virginia Poised to Legalize iGaming
January 14, 2026
Virginia Poised to Legalize iGaming
By: Sara Dalsheim
There has been chatter for some time that Virginia will soon become the next state to join in on the fun of legalized iGaming. Today, House Bill 161 and Senate Bill 118 will be officially offered as proposed legislation (the bills were pre-filed on January 6, 2026). House Bill 161 will officially be introduced by Delegate (“Del.”) Marcus Simon proposing to amend and reenact the…
The United Kingdom Institutes a Voluntary Code of Good Practice for Operators of Prize Draws
November 26, 2025
The United Kingdom Institutes a Voluntary Code of Good Practice for Operators of Prize Draws
By: John Mikuta
The United Kingdom has published a Voluntary Code of Good Practice for operators of prize draws and competitions (“PDCs”).[1] The Code contains a wide range of key measures that operators are expected to implement to improve player safety and transparency. Because the Code is voluntary, operators are not legally bound to abide by it. However, dozens of operators and other relevant entities in the United…
Following in Florida’s Footsteps: Hub-and-Spoke Sports Betting Could Be Coming to Wisconsin.
October 28, 2025
Following in Florida’s Footsteps: Hub-and-Spoke Sports Betting Could Be Coming to Wisconsin.
By: John Mikuta
Statewide online sports betting may soon be coming to Wisconsin. Last week, a bipartisan group of Wisconsin legislators introduced a bill, LRB-4723/1, which would legalize online sports betting in the state.[1] If the bill is enacted into law, Wisconsin would become the 32nd state to allow online sports betting statewide. Wisconsin has not yet enacted any statewide sports betting legislation. In fact, Wisconsin’s Constitution generally…
As Predicted, Prediction Markets Dominate G2E Discussions
October 13, 2025
As Predicted, Prediction Markets Dominate G2E Discussions
By: Sara Dalsheim
Every year at the biggest gaming conference in the world, G2E, there is one topic on everyone’s lips. In past years, these topics have been legalized online sports wagering, daily fantasy sports, legalized iGaming, expansions of legalized online gaming, social gaming, and sweepstakes casinos. This year it was no different; the topic being – prediction markets. With the growing popularity of exchanges such as Kalshi…
Practice, Study Hall and Sports Betting? NCAA Set to Allow College Athletes to Bet on Professional Sports
October 10, 2025
Practice, Study Hall and Sports Betting? NCAA Set to Allow College Athletes to Bet on Professional Sports
By: Michelle Cohen
First came the name, image, and likeness deals, and now…sports betting. Following a trend of eliminating certain restrictions on collegiate student-athletes, the NCAA’s Division I Administrative Committee just approved a proposal that removes the ban on student-athletes and athletic department staff engaging in sports betting on professional sports. Division II and Division III officials must also adopt the proposal before it can become effective. Assuming…
