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CFTC Withdraws Specialized Guidance On Cryptocurrency Derivatives
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March 31, 2025
CFTC Withdraws Specialized Guidance On Cryptocurrency Derivatives
By: Jake Gray
In line with the Securities and Exchange Commission’s (“SEC”) transformation from cryptocurrency enemy to ally, the Commodity Futures Trading Commission (“CFTC”) is now following its sister agency’s lead. By withdrawing its specialized guidance on digital currency derivatives, the CFTC signals a more hospitable regulatory approach to the industry, one that recognizes the growing maturity and mainstream acceptance of digital asset markets. As of March 28, 2025, both CFTC Staff Advisory No. 18-14 and the subsequent 2023 guidance, CFTC Staff Advisory No. 23-07, have been officially withdrawn, marking a clear departure from the agency’s previous cautionary stance.[1][2] What’s In the Advisories The CFTC’s first digital asset advisory, Letter No. 18-14, came in 2018 when digital asset derivatives products and their spot…
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Sweepstakes Issues Draw Focus at Next.io Summit
March 27, 2025
Sweepstakes Issues Draw Focus at Next.io Summit
By: Jordan Briggs
Social casinos were one of the many hot topics at the Next.io summit in New York March 12-13, so much so that they got their own well-attended summit on March 11. Generally, there are three types of online social casinos: social casinos with no option to purchase any plays; social casinos with the option to purchase plays and the only thing a user can win…
YouTube Fills Federal Policing Void on Gambling
March 17, 2025
YouTube Fills Federal Policing Void on Gambling
By: Sara Dalsheim
The ultimate inhibitor of the regulated gambling industry is the illegal ever-present offshore market. The regulated industry has been consistently asking for assistance from law enforcement to assist them in stamping out the illegal market – that, unlike the regulated industry, is not required to abide by any of the mechanisms that protect consumers. The federal government has failed to answer the call, so the…
DraftKings Should Prevail in NFT-Securities Litigation
October 13, 2023
DraftKings Should Prevail in NFT-Securities Litigation
By: Jake Gray
In February 2022, we wrote about the extent to which NFTs could raise novel securities laws questions, invoking the case of Friel v. Dapper Labs and utility-based NFT offerings conjoined to ownership-based privileges associated with securities. A year later, in February 2023, a judge from the U.S. District Court for the Southern District of New York denied Dapper Labs’s motion to dismiss, holding that the…
Surging Sportsbook Signups Illustrate Need for Ubiquitous Legal Gaming Markets
September 29, 2023
Surging Sportsbook Signups Illustrate Need for Ubiquitous Legal Gaming Markets
By: Sara Dalsheim
The kickoff of the NFL 2023-2024 season has held many surprises: drastically favored teams lost to their underdog opponents; surprise rookies broke out like Bijan Robinson and Puka Nacua; sports media outlets aggressively reported on the Taylor Swift-Travis Kelce courtship; and much more. What has not been surprising, however, is the surge of signups on legal sports betting websites. Indeed, the influx of new users…
A Cautionary Tale Courtesy of Fortnite
September 21, 2023
A Cautionary Tale Courtesy of Fortnite
By: Steven Eichorn
A fast-growing segment of online gaming is the in-game purchase on (sometimes free) games/apps in exchange for virtual items. The virtual items can be mere cosmetic game enhancements, features that increase a player’s likelihood of success, and many other options. Because these virtual items are purchased with real world funds, companies must be vigilant in employing good practices such as clear and conspicuous disclosures of…
Navigating the High-Stakes World of Online Gaming Advertising: Policies, Permissions, and Enforcement
August 28, 2023
Navigating the High-Stakes World of Online Gaming Advertising: Policies, Permissions, and Enforcement
By: Sara Dalsheim
A top concern of online gaming regulators is the control and dissemination of advertising. In connection with these concerns sites like Meta, X (formerly known and commonly referred to as Twitter), and Google have released online gambling advertising policies and requirements. To run online gambling and gaming advertising on Meta / Facebook users are required to obtain written permission to promote online gambling and gaming.[1]…
G2E 2023: Outlook and Trends
August 16, 2023
G2E 2023: Outlook and Trends
By: Steven Eichorn
This year’s G2E (the premier gaming conference in North America), held annually in Las Vegas, Nevada (October 9-11, 2023 this year) is shaping up to once again be the premier conference for the gaming industry. The expected number of worldwide attendees from the global gaming industry is over 25,000 and it promises to once again bring together the entire gaming industry under one roof. It…
