CFTC Sends Message to Prediction Markets: You Are Not a Sportsbook

CFTC Sends Message to Prediction Markets: You Are Not a Sportsbook

August 11, 2026

CFTC Sends Message to Prediction Markets: You Are Not a Sportsbook

By: John Mikuta

In recent guidance, the Commodity Futures Trading Commission (“CFTC”) has made clear that event contracts offered by regulated prediction-market entities must not be marketed in a format commonly used by casino gambling bookmakers. The CFTC’s Division of Market Oversight and Market Participants Division issued a notice to all CFTC-regulated entities and affiliates regarding their obligations to refrain from engaging in misleading or deceptive practices when advertising, listing, or transacting event contracts.  The notice highlights the CFTC’s growing concerns about the promotion of event contracts using the “American odds” format associated with sports betting and casino operators rather than nominal or percentage terms that reflect market pricing.  The notice stresses that this practice could create confusion about the nature of the…

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Nicole Kardell on Keeping iGaming Clients Nimble Amidst Ever-Evolving Privacy Regulations 

August 3, 2026

Nicole Kardell on Keeping iGaming Clients Nimble Amidst Ever-Evolving Privacy Regulations 

By: Ifrah Law

For iGaming companies, protecting customer privacy is paramount: Nicole Kardell acts as their guardian against federal, state and civil actions that could damage their reputations and profitability. Nicole performs on the leading edge of privacy law, helping to keep Ifrah’s clients in compliance with U.S. and international regulations governing the handling of customers’ confidential information. A certified privacy professional with expertise in European privacy law…

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Betting on Technology: Bipartisan Proposal for Requiring Facial Recognition to Keep Minors from Wagering Online

July 29, 2026

Betting on Technology: Bipartisan Proposal for Requiring Facial Recognition to Keep Minors from Wagering Online

By: Lauren Scribner

“As every parent knows, when you tell a kid not to do something, they almost always end up trying to do it,” said Congresswoman Kristen MacDonald Rivet (MI-8) about the recently introduced bipartisan “Facial Recognition to Protect Children Act” (“proposed Act”).[1] She continued, “[k]ids under the age of 18 shouldn’t be making bets, but now it’s just a few taps away on their phones. Our…

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Lessons from the Restructuring of an Online Sports Betting Company

June 12, 2026

Lessons from the Restructuring of an Online Sports Betting Company

By: Ifrah Law

The U.S. has seen numerous casino bankruptcies, including, most recently, Maverick Gaming in July 2025. What it has not seen, until now, is the bankruptcy of an online sportsbook. Previously, when companies exited a state, they cut deals with as many creditors as possible and just left the state (or the United States). Examples of this in recent years include Betfred, Betway, Unibet, and in…

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CFTC Predicting Litigation Success over Multiple States

June 8, 2026

CFTC Predicting Litigation Success over Multiple States

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…

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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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Cold Water on Insider Trading Fears: Prediction Markets Miss the 2026 NFL Draft

April 29, 2026

Cold Water on Insider Trading Fears: Prediction Markets Miss the 2026 NFL Draft

By: John Mikuta

From April 23 to April 25, the National Football League (“NFL”) held its annual player selection draft.  Over 800,000 fans gathered in Pittsburgh, Pennsylvania to watch Commissioner Roger Goodell announce the picks live, with millions more watching on TV and other digital platforms.[1]  But the NFL Draft is not just a spectator event—both traditional sportsbooks and prediction-market platforms allowed customers to risk money predicting which…

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