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In the Market for Judicial Review: Circuit Split on CFTC Preemption Makes SCOTUS a Predictable Destination
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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…
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…
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…
“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,…
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…
A Modest Proposal to Reduce AI Liability: Add Warnings
November 4, 2024
A Modest Proposal to Reduce AI Liability: Add Warnings
By: Abbey Block
CONTENT WARNING: This blog includes discussion of suicide.[1] Imaginary friends are a common staple of childhood. Indeed, many children invoke the companionship of imaginary friends – relying on their creativity and imagination for entertainment and friendship. However, nowadays, young people no longer need to rely solely on their own creativity to conjure up a fictional companion. Rather, generative artificial intelligence (“AI”) programs such as Character.AI…
