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CFTC “Special Rule” Interpretation Led to an October Surprise
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October 23, 2024
CFTC “Special Rule” Interpretation Led to an October Surprise
By: Robert Ward
On October 2, 2024, the Court of Appeals for the District of Columbia Circuit issued a decision that permitted KalshiEx LLC (“Kalshi”) to legally offer election contracts, which allow buyers to put down money based on their predictions as to party control of Congress and presidential election results.[1] This decision, and the district court decision that the Commodity Futures Trading Commission (“CFTC”) sought to stay, concern the application of the Commodity Exchange Act’s (“CEA”) “Special Rule,” under which the CFTC can review and prohibit an event contract involving five enumerated activities, including “gaming,” if it determines the contracts are “contrary to the public interest.”[2] Neither the statute nor the CFTC’s regulations define “gaming.” On June 10, 2024, the CFTC issued…
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Stories of successfully resolved iGaming client issues and challenges.
SAFEly symbolic?
October 14, 2024
SAFEly symbolic?
By: Sara Dalsheim
Last month two U.S. lawmakers, Rep. Paul Tonko D-N.Y. and Sen. Richard Blumenthal, D-Conn., introduced the Supporting Affordability and Fairness with Every Bet Act (i.e., the SAFE Bet Act).[1] The Act sought to implement federal minimum standards for all sports betting operators throughout the United States. The lawmakers seemingly put forth the bill because of concerns that citizens are being subject to too many sports…
When Sports Bettors Win, So Does the IRS
October 7, 2024
When Sports Bettors Win, So Does the IRS
By: George Calhoun
Sports betting and adjacent industries have exploded in the United States. One area that continues to cause confusion is the taxation of these businesses – both for the companies and the individual players. For individual bettors, the IRS has clear rules on gambling income that predate the recent explosion of the sports betting industry. In short, the proceeds from a successful sports wager are taxable…
Too Late to Get Licensed for the 2024 NFL Season?
August 22, 2024
Too Late to Get Licensed for the 2024 NFL Season?
By: Sara Dalsheim
Each NFL season, as more states join the legalized sports betting market, there are record-breaking numbers in wagering related revenue. Along with the rise in the number of states and revenues, there are more vendors and suppliers eager to work with and offer their products/services to the sports wagering operators. However, what these vendors may not realize are the regulatory barriers at play in such…
Gambling, Sports Betting, and America’s Evolving View
August 21, 2024
Gambling, Sports Betting, and America’s Evolving View
By: Steven Eichorn
No less an authority than the Supreme Court has posited that “Americans have never been of one mind about gambling, and attitudes have swung back and forth.”[1] Shifting considerably over time, America’s views and social acceptance of gambling builds on a nearly 100-year trend towards the expansion of legalized gambling. By the end of the 19th century, American society viewed gambling as a moral failure…
Massachusetts Gaming Commission Signals Intent to Regulate Sports Wagering Limits and Invites Operators to Join the Conversation
August 2, 2024
Massachusetts Gaming Commission Signals Intent to Regulate Sports Wagering Limits and Invites Operators to Join the Conversation
By: Abbey Block
At a public meeting held on August 1st, members of the Massachusetts Gaming Commission (the “Commission”) voiced their frustration with sports betting operators’ unwillingness to publicly discuss their position on the issue of bettor and wager limits. Although the Commission has yet to propose any rules that would limit the operators’ ability to impose wager limits on certain bettors, it has indicated its interest in…
Protection or Censorship? – New Child Protection Law Sparks First Amendment Debate
July 31, 2024
Protection or Censorship? – New Child Protection Law Sparks First Amendment Debate
By: Abbey Block
As this congressional session draws to a close, legislators are debating a new bill aimed at protecting kids and teens from the dangers of the Internet and social media. If enacted, the bill known as the Kids’ Online Safety Act (“KOSA”), would impose a “duty of care” on online platforms, requiring them to take affirmative steps to mitigate harm to their users who are under…
Google Now Allows Daily Fantasy Sports Advertisements in Limited States
July 18, 2024
Google Now Allows Daily Fantasy Sports Advertisements in Limited States
By: Jordan Briggs
On July 15, 2024, Google Ads updated its Gambling and games policy (the “Policy”)[1] to allow Daily Fantasy Sports (“DFS”) and lottery couriers to advertise in certain US states. Advertisers for DFS or lottery couriers must be licensed by at least one state and certified with Google prior to running these ads. Even after these steps, DFS advertisers may only advertise in seventeen states. The…
