News & Analysis as of

Designated Contract Markets (DCMs)

Benesch

Cashing In On Preemption: Kalshi Lawsuits Preview the Future of Gambling Regulations

Benesch on

Kalshi, a federally regulated event contract exchange, is challenging state gaming regulators in multiple courts to determine whether it should be governed solely by federal law or also by individual state gambling laws....more

Brownstein Hyatt Farber Schreck

Nevada Gaming Control Board Issues Guidance Concerning Sports Event Contracts

In the midst of its ongoing litigation with three leading prediction market companies, also known as “designated contract markets” or[JS1]  “DCMs,” the Nevada Gaming Control Board (“NGCB” or “Board”) recently issued guidance...more

Katten Muchin Rosenman LLP

Clear Skies Ahead? Predicting the Use of the Floor Trader Exemption in Event Contract Markets to Avoid Swap Dealer Registration

The availability of prediction markets has exploded for American consumers, as contracts that allowed people to bet on the outcome of the 2024 presidential election gained popularity. Prediction markets are generally...more

BakerHostetler

Weekly Blockchain Blog - October 2025 #3

BakerHostetler on

Group of Major Global Banks Exploring Stablecoin Focused on G7 Currencies On Oct. 10, a major French multinational bank announced that a group of leading international banks is jointly exploring the potential issuance of...more

Goodwin

Crypto and Commodity-Based ETPs Poised to Boom Following SEC’s Approval of Generic Listing Standards

Goodwin on

On September 17, 2025, the Securities and Exchange Commission (SEC) issued an order (the order) approving new generic listing standards for certain commodity-based exchange-traded products (ETPs), including those backed by...more

Cadwalader, Wickersham & Taft LLP

Boundaries of Banking and Markets, October 2025 - CFTC’s Advisory on Exchange-Listed Sports Event Contracts

On September 30, 2025, the Commodity Futures Trading Commission (“CFTC”) staff issued an advisory (the “Advisory”) in anticipation of the impending government shutdown. However, in essence, the Advisory has very little to do...more

Paul Hastings LLP

What You Should Know About the CFTC, Part 1: The Regulatory Basics

Paul Hastings LLP on

In Part 1 of this three-part overview of the Commodity Futures Trading Commission (CFTC), we take a look at the basics of CFTC regulation, highlighting what you need to know about the agency and its jurisdiction....more

Wilson Sonsini Goodrich & Rosati

CFTC Withdraws Voluntary Carbon Credit Derivatives Listing Guidance

On September 10, 2025, the Commodity Futures Trading Commission (CFTC) issued a brief statement announcing the withdrawal of its previously issued guidance regarding the listing of voluntary carbon credit (VCC) derivative...more

Troutman Pepper Locke

SEC and CFTC Staff Issue Joint Statement on Digital Asset Commodity Transactions

Troutman Pepper Locke on

On September 2, the staff of the Securities and Exchange Commission (SEC) and the Commodity Futures Trading Commission (CFTC) issued a Joint Staff Statement regarding the listing of leveraged, margined, or financed spot...more

Jones Day

CFTC Issues Advisory to Clarify FBOT Registration Framework for Non-U.S. Crypto Exchanges to Access U.S.-based Participants

Jones Day on

To promote regulatory clarity, on August 28, 2025, the Commodity Futures Trading Commission ("CFTC")'s Division of Market Oversight issued an advisory to reaffirm its longstanding foreign board of trade ("FBOT") registration...more

Katten Muchin Rosenman LLP

CFTC-SEC Joint Statement Signals Accelerated Path to US Spot Crypto Trading

The CFTC-SEC Joint Staff Statement on “Project Crypto–Crypto Sprint” (Joint Statement) lands in the middle of an already-active policy cycle. In July, the President’s Working Group on Digital Asset Markets delivered its White...more

Katten Muchin Rosenman LLP

CFTC Staff Reaffirm the Commission’s FBOT Framework, Providing Clarity to Non-US Exchanges

Amid “recent confusion and disruption regarding whether non-US exchanges should register [with the Commodity Futures Trading Commission (CFTC or Commission)] as a designated contract market (DCM) or [foreign board of trade...more

Troutman Pepper Locke

Kalshi Faces Regulatory Scrutiny and Litigation From Several Angles

Troutman Pepper Locke on

In addition to receiving cease-and-desist orders from several states (Arizona, Illinois, Montana, and Ohio), and ongoing litigation against New Jersey state gaming regulators in the U.S. Court of Appeals for the Third...more

Morrison & Foerster LLP

Highlights of Recent CFTC Developments

The Commodity Futures Trading Commission (CFTC) recently announced several new staff letters and public statements with material consequences for legal and business professionals in the derivatives markets. In this alert, we...more

Katten Muchin Rosenman LLP

US District Courts are Split on Whether the Commodity Exchange Act Preempts State Gaming Laws with Respect to Sports Event...

Derivatives exchange and prediction market KalshiEX LLC (Kalshi) was handed a litigation setback in defending its sports event contract offerings in federal court against claims brought by the State of Maryland. The District...more

Katten Muchin Rosenman LLP

CFTC Staff Issues Relief Intended to Reduce Burdens of Swap Data Notification Requirements

Staff from the Commodity Futures Trading Commission’s (CFTC) Division of Market Oversight issued No-Action Relief Letter 25-25 on July 31, 2025 to help ease compliance burdens placed on reporting counterparties in meeting the...more

Eversheds Sutherland (US) LLP

CFTC issues no-action letter regarding CME’s listing of event contracts

On July 22, 2025, the Commodity Futures Trading Commission’s (CFTC) Division of Market Oversight and Division of Clearing and Risk issued a no-action letter (CFTC Letter No. 25-23) granting targeted regulatory relief to the...more

Davis Wright Tremaine LLP

CFTC Announces Listed Spot Crypto Trading Initiative

Coming on the heels of the CFTC's announcement of a Crypto Sprint to start implementing the recommendations in the White House digital asset report ("White House Report"), on August 4, 2025, the CFTC launched its first...more

Katten Muchin Rosenman LLP

CFTC Launches Listed Spot Crypto Trading Initiative

The Commodity Futures Trading Commission (CFTC) has launched its Listed Spot Crypto Trading Initiative, which aims to establish a framework for retail trading of leveraged, margined, or financed spot crypto asset contracts...more

BakerHostetler

CFTC Issues Advisory Related to Use of Artificial Intelligence

BakerHostetler on

In issuing the Advisory, the CFTC recognizes the potential for AI to transform the U.S. financial markets. However, given how far-reaching AI’s impact may be, the CFTC simultaneously cautions CFTC-regulated entities to be...more

Lowenstein Sandler LLP

Key Considerations When Adopting Artificial Intelligence as a CFTC-Regulated Firm

Lowenstein Sandler LLP on

On December 5, 2024, the U.S. Commodities Futures Trading Commission (CFTC) staff (Staff) issued a staff advisory (Advisory) on the use of artificial intelligence (AI) by market participants in CFTC-regulated markets.1 Staff...more

Morrison & Foerster LLP

CFTC Staff Issues Advisory on the Use of Artificial Intelligence

Morrison & Foerster LLP on

On December 5, 2024, the U.S. Commodity Futures Trading Commission’s (“CFTC”) Divisions of Clearing and Risk, Data, Market Oversight, and Market Participants (together, the “Divisions”) issued a staff advisory (the...more

Katten Muchin Rosenman LLP

The CFTC Amends Part 40 to Streamline and Improve Product Submission Processes

The Commodity Futures Trading Commission (CFTC) finalized amendments to its regulations governing how CFTC-registered exchanges, clearinghouses and other registered entities submit self-certifications for rule approvals, new...more

WilmerHale

Market Integrity and Manipulation in Election Prediction Markets

WilmerHale on

Until recently, the Commodity Futures Trading Commission (CFTC) has limited the ability of US persons to participate in election markets. However, recent developments have allowed event contracts to be made available to US...more

A&O Shearman

CFTC announces final guidance regarding voluntary carbon credit derivative contracts

A&O Shearman on

On September 20, 2024, the U.S. Commodity Futures Trading Commission (“CFTC”) announced that it had approved final guidance (the “Final Guidance”) for designated contract markets (“DCMs”) that list voluntary carbon credit...more

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