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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…
R-E-S-P-O-N-S-I-B-I-L-I-T-Y! Find out what it means in New Jersey
September 22, 2025
R-E-S-P-O-N-S-I-B-I-L-I-T-Y! Find out what it means in New Jersey
By: Sara Dalsheim
Last week New Jersey published and proposed new Internet and Mobile Gaming Responsible Gaming regulations (57 New Jersey Register 2230(a)). The proposed regulations create new standards and definitions relating to responsible gaming. The regulations are available for public comment until November 14, 2025. During the iDEA Growth panel discussion on “Proactive Player Protection: Making Responsible Gaming the New Normal” on September 16th New Jersey Department…
Caught Red Handed, But What is Pete Rose’s Crime?
September 10, 2025
Caught Red Handed, But What is Pete Rose’s Crime?
By: James Trusty
What exactly is the hustle that has kept Pete Rose from safely sliding into the Baseball Hall of Fame? Recently released FBI files from the late 1980’s put little flesh on the skeleton in Rose’s closet, but plenty of normative questions remain about Rose’s now posthumous candidacy. The FBI reports lay out how a local bar in Franklin, Ohio, called Jonathan’s, was reportedly a front…
Silencing the Sidelines: Can Policies Protect Athletes from Harassment Without Suppressing Free Expression?
September 2, 2025
Silencing the Sidelines: Can Policies Protect Athletes from Harassment Without Suppressing Free Expression?
By: Abbey Block
With the new football season just around the corner, sports fans are donning their jerseys, checking the stats, and dialing in to watch their favorite athletes take the field. While the beginning of a new season is a time filled with excitement and anticipation, for many athletes – both professional and collegiate – it will also be the beginning of a season of harassment. Taunts,…
Horses, Casinos, and Prediction Markets – Old & New in Saratoga Springs
August 22, 2025
Horses, Casinos, and Prediction Markets – Old & New in Saratoga Springs
By: Michelle Cohen
Last week, I moderated a panel on the sizzling topic of prediction markets at the annual Racing and Gaming Conference at Saratoga. This conference brings together legislators, regulators, and industry professionals from a wide range of organizations in the gaming ecosphere – from horse trainers, to representatives of game suppliers and sports betting companies. It is a conference where the “old” (horse racing) and the…
Gambling Industry Takes on Addiction Prevention
July 28, 2025
Gambling Industry Takes on Addiction Prevention
By: Jordan Briggs
Last week, the National Council on Problem Gambling hosted advocates, regulators, counselors, and other industry participants in Columbus, Ohio for the National Conference on Gambling Addiction & Responsible Gambling 2025. With such a broad range of attendees, the conference offered many unique sessions geared towards different industry groups, including wellness sessions and recovery meetings alongside the overviews of ongoing, broad research and the operator-specific talks…
