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CFTC Opens the Door for Passive Software Providers in Derivatives Markets?
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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…
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…
Secrets of a Compliance and Licensing Analyst: What Clients Find Most Surprising About Applying for a Gambling License
February 11, 2026
Secrets of a Compliance and Licensing Analyst: What Clients Find Most Surprising About Applying for a Gambling License
By: Amanda Holi
Drawing from my experience on the front lines at Ifrah Law—a firm dedicated to the complexities of gaming and gambling-related applications—I’ve observed that even the most prepared clients can be blindsided by the sheer depth of the licensing process. To help you prepare, here are the four most common ‘surprises’ our clients encounter: Suitability is a Deep Dive, Not a Surface Check In the gambling…
Beyond the Approval: 3 Critical Tips for Renewing Your Gambling License
February 3, 2026
Beyond the Approval: 3 Critical Tips for Renewing Your Gambling License
By: Amanda Holi
As a former regulator, I’ve sat on the other side of the desk, reviewing hundreds of applications and watching promising applicants stumble over the same hurdles. Now, as a licensing specialist at a law firm, I help my clients avoid those “regulatory red flags” before they happen. Securing your initial license is a monumental achievement, but maintaining it is where the real work begins. In…
Prediction Markets Raising Predictable Questions of Regulation, Public Policy
January 27, 2026
Prediction Markets Raising Predictable Questions of Regulation, Public Policy
By: John Mikuta
On January 3, 2026, the United States carried out a shocking military strike against Venezuela, resulting in the capture of Venezuelan President Nicolas Maduro.[i] Maduro was taken from his home in Caracas and flown to New York, where he faces narco-terrorism conspiracy, cocaine importation conspiracy, and weapons possession conspiracy charges.[ii] While the strike surprised most of the world, a few traders on Polymarket seemingly anticipated…
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…
