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Gambling on Skill: Enforcement of Gambling Laws Against Skill Games in Outlier States
FEATURED
March 10, 2026
Gambling on Skill: Enforcement of Gambling Laws Against Skill Games in Outlier States
By: Jordan Briggs
In many states, people can legally pay entry fees to participate in a skill game and win cash prizes. For most states that allow participants to wager on their own skilled gameplay, the analysis for whether a certain game qualifies as a legal skill game turns on whether the game is one of chance or of skill. Each state has its own test to determine if a game is chance or skill, but these tests fall into three categories. The most common test is the “predominant factor” test, which recognizes that all games have some element of chance but hinges on whether skill dominates the contest. If factors like superior knowledge, dexterity, and practice contribute largely to the outcome (i.e.,…
CFTC Plants the Flag on Regulating Prediction Markets
March 4, 2026
CFTC Plants the Flag on Regulating Prediction Markets
By: John Mikuta
On February 25, 2026, the Commodity Futures Trading Commission (“CFTC”), the governmental body primarily responsible for overseeing prediction markets, took a significant step toward consolidating its authority to oversee trading activities on prediction-market platforms.[1] The CFTC’s Division of Enforcement issued a “Prediction Markets Advisory” describing two enforcement actions brought by Kalshi, the world’s largest prediction market.[2] Both enforcement actions involved trades by Kalshi users who…
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…
The Election Betting Experiment: Will Congress Rebottle This Genie?
January 8, 2025
The Election Betting Experiment: Will Congress Rebottle This Genie?
By: Jake Gray
Just this fall, Americans in all 50 states were able to put their money where they mouth was on the outcome of the 2024 Presidential Election—what many news outlets call, and even one platform itself has called, election betting. Betting, notably, is not legal in all 50 states. Before the Supreme Court’s ruling, sports betting was largely prohibited nationwide under PASPA, with only Nevada and…
Our Big Three Predictions for the Online Gaming Industry in 2025
January 6, 2025
Our Big Three Predictions for the Online Gaming Industry in 2025
By: Sara Dalsheim
In 2025, we will celebrate the seventh anniversary of the repeal of PASPA and the resulting increase in legalization and popularity of various offerings in the gaming industry – namely sports wagering and online casino gaming. We predict 2025 will bring the following to the industry: (1) further actions from state authorities to fight back against the illegal offshore market; (2) further clarifications from state…
“The Devil Made Me Bet It” – the Third Circuit Considers Arguments in Bettor’s Case Against Casino
December 16, 2024
“The Devil Made Me Bet It” – the Third Circuit Considers Arguments in Bettor’s Case Against Casino
By: Abbey Block
Can a casino be held liable for encouraging its patrons to gamble, particularly when those patrons exhibit signs of problem gambling? That is the question the Third Circuit Court of Appeals was left to contemplate following oral arguments in the case of Antar v. The Borgata Hotel Casino and Spa, LLC et al., which took place last week.[1] The plaintiff in the case, Sam Antar,…
Missouri Votes for Legalized Online and Retail Sports Betting
November 6, 2024
Missouri Votes for Legalized Online and Retail Sports Betting
By: Sara Dalsheim
Yesterday, the citizens of Missouri voted in favor of Amendment 2 to legalize online and retail sports betting by a small margin of under 7,500 votes. Missouri is now set to be the 39th state to legalize sports betting. Under the amendment, the retail and online sports wagering rights were granted to Missouri casinos and professional sports teams, each with the right to have one…
A Modest Proposal to Reduce AI Liability: Add Warnings
November 4, 2024
A Modest Proposal to Reduce AI Liability: Add Warnings
By: Abbey Block
CONTENT WARNING: This blog includes discussion of suicide.[1] Imaginary friends are a common staple of childhood. Indeed, many children invoke the companionship of imaginary friends – relying on their creativity and imagination for entertainment and friendship. However, nowadays, young people no longer need to rely solely on their own creativity to conjure up a fictional companion. Rather, generative artificial intelligence (“AI”) programs such as Character.AI…
