Gaming & Gambling Update - March 2025

Orrick, Herrington & Sutcliffe LLP

Missouri Sports Betting Launch to be Delayed

The Missouri Gaming Commission's plan to implement emergency rules for sports wagering has been delayed due to a dispute with the Missouri Secretary of State, Denny Hoskins. Hoskins rejected the emergency rules, stating there was no immediate danger or compelling governmental interest to justify bypassing the standard rulemaking process. He believes the standard process can meet the December 1 deadline for the start of sports betting, as mandated by Amendment 2, which legalizes sports betting in Missouri.

The proposed rules would allow casinos, major sports franchises, and online operators to offer sports betting. However, the interpretation of licensing for online platforms has been contentious, with changes in how many licenses each entity can obtain.

The proposed rules will be published on March 18, opening a 30-day public comment period, followed by a review by the legislature's Joint Committee on Administrative Rules.

Industry Braces for New Google Ads Rules

Google is updating its Gambling and Games advertising policy on April 14, introducing stricter rules and new definitions for gambling-related promotions. Advertisers must hold Google's gambling certification to continue advertising.

The updated policy will impose tighter restrictions based on location and includes requirements relating to social casino and skill games, though details remain unclear.

CFTC Chair Nominee Plans to Involve Himself in Prediction Market Discussions

Brian Quintenz has been nominated by President Trump to chair the Commodities Futures Trading Commission (CFTC). If confirmed, Quintenz could influence rulemaking and regulatory interpretations for prediction markets overseen by the CFTC. CFTC regulations currently require prediction markets to register and prohibit certain event-based contracts. As a result, industry leader Kalshi is in a legal battle with the CFTC over political betting, while Polymarket, another market leader, is off-limits to U.S. users due to a previous settlement with the CFTC.

The commission currently has an even split of Republican and Democratic commissioners, but Quintenz's confirmation and the announced retirement of Commissioner Christy Goldsmith Romero, following the end of her term, would create a majority that is more receptive to a broader reading of the CFTC’s statutory and regulatory powers in facilitating events and crypto markets.

The Trump administration reportedly views restrictions on events contracts as unjust and sought a chair with similar views. Quintenz, a former board member of Kalshi, stated he would adhere to recusal requirements if confirmed.

DISCLAIMER: Because of the generality of this update, the information provided herein may not be applicable in all situations and should not be acted upon without specific legal advice based on particular situations. Attorney Advertising.

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