Insights < BACK TO ALL INSIGHTS
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…
Bovada Poker Exits Regulated Markets
June 26, 2014
Bovada Poker Exits Regulated Markets
By: Ifrah Law
In April the state of New Jersey issued warning letters to online gaming affiliate marketers who advertised unlicensed gaming websites in-state. Now, one unlicensed operator is taking the warning to heart and withdrawing from regulated markets. Bovada, the largest online poker site in the U.S., will no longer be accepting new players from the regulated gaming jurisdictions of Nevada and Delaware. Bovada ceased doing business…
Extra Caution Required in Mobile Advertising as New Jersey DGE Releases Guidance for Affiliate Marketers
June 9, 2014
Extra Caution Required in Mobile Advertising as New Jersey DGE Releases Guidance for Affiliate Marketers
By: Ifrah Law
Today, the New Jersey Office of the Attorney General, Department of Law and Public Safety, Division of Gaming Enforcement (“DGE”) released additional guidance for affiliate marketing companies working with state online gaming operators. This guidance comes only weeks after the DGE issued warning letters to affiliate marketers who advertised unregulated online gaming websites in conjunction with legal gaming websites licensed by the state of New…
Sprint Gets a Wallop of a Reminder – Company-Specific Do Not Call Lists Still Matter – $7.5 Million Record Do Not Call Consent Decree
May 20, 2014
Sprint Gets a Wallop of a Reminder – Company-Specific Do Not Call Lists Still Matter – $7.5 Million Record Do Not Call Consent Decree
By: Michelle Cohen
Yesterday, the Federal Communications Commission (“FCC”) announced a consent decree with Sprint Corporation for federal do not call violations. Specifically, under the terms of the agreement, Sprint will make a $7.5 million “voluntary contribution” to the United States Treasury. This payment represents the largest do not call settlement reached by the FCC. Sprint also agreed to various ongoing compliance initiatives, including enhanced training and reporting…
TCPA Plaintiff Loses—Express Consent Given to Health Insurance Plan Trumps Claim
May 19, 2014
TCPA Plaintiff Loses—Express Consent Given to Health Insurance Plan Trumps Claim
By: Michelle Cohen
In a recent case in the U.S. District Court for the Eastern District of Missouri, the district court held that the plaintiff’s Telephone Consumer Protection Act (“TCPA”) claim should be dismissed. The court ruled that the plaintiff gave prior express consent when she agreed to the terms of her health insurance plan, which stated that the company could share her number with other businesses who…
New York to Cash In with its Online Poker Bill
May 16, 2014
New York to Cash In with its Online Poker Bill
By: Ifrah Law
Introduced as “S 6913” on March 29, 2014, New York’s online poker bill will allow for poker only, both cash and tournament play. The bill allows New York to enter into liquidity-sharing arrangements with other states. As of now, the bill authorizes 10 online poker licenses that are good for 10 years. The licensing fee is $10 million and the tax rate is 15% of…
