Advertising Prediction Markets? The CFTC Just Sent a Clear Message to Affiliates.

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 help solicit customers for these products. The CFTC makes one thing clear: the anti-fraud and anti-manipulation provisions of the Commodity Exchange Act apply to the marketing of event contracts. For affiliates that drive traffic to prediction markets, this guidance is a reminder that compliance is not limited to the operator. Marketing materials matter, and regulators…

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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…

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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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Sunshine, Strategy, and Handshakes: Reflections on SBC Summit Americas 2026

June 23, 2026

Sunshine, Strategy, and Handshakes: Reflections on SBC Summit Americas 2026

By: Amanda Holi

There is something irreplaceable about the energy of a live industry event, and this year’s SBC Summit Americas in Fort Lauderdale delivered. From June 9–11, the Broward County Convention Center became the epicenter of the gaming, sports wagering, and iGaming worlds. While the South Florida sunshine was a welcome backdrop, the real heat was inside the convention center, where industry professionals gathered to discuss everything…

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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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CFTC “Special Rule” Interpretation Led to an October Surprise

CFTC “Special Rule” Interpretation Led to an October Surprise
By: Robert Ward

SAFEly symbolic?

SAFEly symbolic?
By: Sara Dalsheim

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