CFTC Predicting Litigation Success over Multiple State

CFTC Predicting Litigation Success over Multiple State

June 8, 2026

CFTC Predicting Litigation Success over Multiple State

By: John Mikuta

Through recent litigation actions, the Commodity Futures Trading Commission (“CFTC”) continues to stake out an aggressive position in the fight over who has the authority to regulate prediction markets. On May 18, 2026, Minnesota Gov. Tim Walz signed into law SF 4760, an omnibus public safety bill that made it a felony to operate or assist in operating a prediction market.[1]  The next day, the CFTC filed a lawsuit against the State of Minnesota, seeking a preliminary injunction to prevent the law from taking effect on August 1, 2026.[2]  Kalshi, the world’s largest prediction market,[3] also filed a lawsuit of its own.[4] The new Minnesota law broadly defines a “prediction market” as “a system that allows consumers to place a…

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Michelle Cohen on iGaming Marketing: Five Critical Steps When Regulators Call

May 26, 2026

Michelle Cohen on iGaming Marketing: Five Critical Steps When Regulators Call

By: Ifrah Law

Michelle Cohen guides and defends Ifrah Law’s iGaming clients when government agencies launch enforcement actions alleging unlawful gambling, advertising, and marketing practices. Michelle has decades of experience advising and defending organizations facing these and other claims related to consumer protections and privacy. When faced with cease-and-desist orders and costly litigations, Michelle’s clients count on her credibility, diligence, and deep knowledge of iGaming advertising and consumer…

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Conviction by Clickwrap?

May 20, 2026

Conviction by Clickwrap?

By: Robert Ward

“Terms and conditions” are ubiquitous. They appear on baseball tickets,[1] in air conditioning repair agreements,[2] and, of course, on essentially every website we visit on a daily basis. By now, as the Seventh Circuit has put it, reasonable consumers “understand there will be terms and conditions associated with using a website.”[3] When disputes about terms and conditions are at issue in court, they often arise…

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Crypto’s Gamble Pays Off: SEC Enforcement Stalls Under Trump Administration

February 21, 2025

Crypto’s Gamble Pays Off: SEC Enforcement Stalls Under Trump Administration

By: Jake Gray

The cryptocurrency industry’s political bet on Trump appears to be paying early dividends in his administration’s first month. The Securities Exchange Commission’s (“SEC”) rapid pivot–reorganizing its enforcement units and pausing major crypto litigation–signals a dramatic shift in the agency’s approach to digital asset regulation. In the past, we have analyzed several enforcement actions by the SEC against cryptocurrency companies that issued their own tokens. Our…

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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…

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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…

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“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,…

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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…

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Articles and Presentations by Our Firm Attorneys

CFTC Predicting Litigation Success over Multiple State

CFTC Predicting Litigation Success over Multiple State
By: John Mikuta

Michelle Cohen on iGaming Marketing: Five Critical Steps When Regulators Call

Michelle Cohen on iGaming Marketing: Five Critical Steps When Regulators Call
By: Ifrah Law

Conviction by Clickwrap?

Conviction by Clickwrap?
By: Robert Ward

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