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High Wire Act
FEATURED
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 analysis of the text and legislative history of the Wire Act, OLC concluded that Congress intended the Wire Act to apply only to sports-based gambling activity. 35 Op.O.L.C. 1(2011).[1] In reaching that conclusion, OLC found that Congress had clearly and directly focused upon off-track betting on horse races, as well as the expected negative effect…
Robert Ward on Helping iGaming Clients Outmaneuver Lawsuit-Obsessed Adversaries
September 8, 2026
Robert Ward on Helping iGaming Clients Outmaneuver Lawsuit-Obsessed Adversaries
By: Ifrah Law
Today’s iGaming companies face new litigation threats as expansive consumer protection statutes spark lawsuits with sky’s-the-limit aspirations, sometimes backed by private funders. Clients of Ifrah Law have a staunch defender in Robert Ward – an agile litigator and case tactician who responds to the changing state of play with creative legal defenses and efficient case-closing strategies. Robert draws on federal clerkship experience and appellate defense…
In the Market for Judicial Review: Circuit Split on CFTC Preemption Makes SCOTUS a Predictable Destination
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…
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…
FAIR Treatment of Lost Bets
July 25, 2025
FAIR Treatment of Lost Bets
By: Avner Kronisch
Introduction On July 7, 2025, Representatives Dina Titus (D-NV) and Ro Khanna (D-CA) introduced H.R. 4304, the Fair Accounting for Income Realized from Betting Earnings Taxation Act, commonly known as the FAIR Bet Act.[1] Two days later, Senators Catherine Cortez Masto (D-NV), Jacky Rosen (D-NV), and Ted Cruz (R-TX) introduced the Senate companion bill, S. 2230, titled Facilitating Useful Loss Limitations to Help Our Unique…
Reviving the Statute of Anne: Should Lawyers Mine Centuries-Old Statutes for Profit?
June 16, 2025
Reviving the Statute of Anne: Should Lawyers Mine Centuries-Old Statutes for Profit?
By: Robert Ward
For most of American history, state governments strictly prohibited nearly every form of gambling. In the last 100 years, however, many states have loosened gambling prohibitions in favor of a legal, regulated gambling industry. Still, remnants of strict, anti-gambling attitudes remain on the books in many states in the form of “loss recovery acts.” These centuries-old statutes allow a losing gambler to sue the winner…
Top 3 Takeaways from North American Gaming Regulators Association’s Annual Training
June 9, 2025
Top 3 Takeaways from North American Gaming Regulators Association’s Annual Training
By: Abbey Block
Last week, members of the gaming industry from all corners of the country traveled to Nashville, Tennessee to attend the North American Gaming Regulators Association’s (“NAGRA”) Annual Training and Education Conference. The conference featured panels and presentations from leaders in the gaming industry, including regulators, responsible gaming advocates, legislators, and technological experts. For many regulators, the NAGRA conference offers an opportunity to gain perspective regarding…
