News & Analysis as of

Sports Betting Commodities Futures Trading Commission

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

Alston & Bird

CFTC Advisory 25-36 Warns of State-Level Challenges to Sports-Event Contracts—What Market Participants Should Know

Alston & Bird on

Our Investment Funds Team outlines key takeaways from Commodity Futures Trading Commission’s (CFTC) Staff Advisory 25-36 that offers guidance to trading platforms and investment managers involved in sports-related event...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

Troutman Pepper Locke

Massachusetts AG Sues Kalshi, Highlighting Unresolved Questions About Predictive Market Contracts

Troutman Pepper Locke on

Massachusetts Attorney General (AG) Andrea Joy Campbell recently filed a lawsuit in Suffolk Superior Court against KalshiEX LLC (Kalshi), an online prediction market platform, alleging that the platform runs an illegal sports...more

Snell & Wilmer

Prediction Markets on Trial: Kalshi, Robinhood, and the Legal Crossroads of Sports Betting

Snell & Wilmer on

Across U.S. sports betting markets, Kalshi remains a topic of debate. The core question: does Kalshi legally offer sports event contracts within federally regulated financial prediction markets, or does Kalshi operate illegal...more

Orrick, Herrington & Sutcliffe LLP

Gaming & Gambling Update - September 2025

CFTC and SEC Look to Converge on Prediction Markets - Prediction market platforms, which offer futures contracts on sports and events, may soon face oversight from both the Commodity Futures Trading Commission (“CFTC”) and...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

Brownstein Hyatt Farber Schreck

Third Time’s The Charm for Gambling Regulators in Kalshi Litigation

Kalshi’s two-win streak ended with a preliminary loss in its lawsuit against Maryland gaming regulators—a shift from prior federal district court rulings and a win for states on the federal preemption issue at the center of...more

WilmerHale

Legal Developments in the Gaming Industry: First Half of 2025

WilmerHale on

We have seen dramatic evolution across the gaming industry throughout 2025. There have been noteworthy legal and regulatory developments for lottery couriers, prediction markets, sweepstakes casinos, and sports betting...more

Troutman Pepper Locke

The Right to Regulate: Kalshi, Federal Preemption, and the Fight for State Gaming Authority

Troutman Pepper Locke on

A lawsuit between KalshiEx LLC (Kalshi) and New Jersey state gaming regulators in the Third Circuit is testing the balance between federal commodities regulation and state authority regarding sports betting. Kalshi operates...more

Snell & Wilmer

Event Contracts Versus Sportsbooks: Charting the Legal Divide in U.S. Gambling Law

Snell & Wilmer on

Peer‑to‑peer sports event contracts have surged in popularity. Kalshi, a U.S.-based prediction market, reported that its sports event contracts yielded $249 million through the first two rounds of the NCAA Basketball...more

Orrick, Herrington & Sutcliffe LLP

Gaming & Gambling Update - Week of March 24, 2025

Kalshi's sports betting prediction market, in partnership with Robinhood, has seen significant success, reporting $249 million in contracts during the first two rounds of the NCAA College Basketball Tournament. Kalshi's...more

Brownstein Hyatt Farber Schreck

Federal and State Gambling Laws Loom Large in Determining the Future of Sports Prediction Markets

As some companies in the so-called “predictions market” have begun to offer event futures contracts on sporting events, including the most recent Super Bowl, many observers are questioning whether these offerings are really...more

Orrick, Herrington & Sutcliffe LLP

Gaming & Gambling Update - March 2025

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...more

Holland & Knight LLP

Election Contracts and Sports Event Contracts: The Future of Regulated Event-Based Trading

Holland & Knight LLP on

The emergence of event-based trading platforms such as KalshiEX LLC and Crypto.com/Nadex has sparked a heated regulatory and policy debate over the boundaries of financial derivatives, speculation and gambling. Both platforms...more

Orrick, Herrington & Sutcliffe LLP

Gaming & Gambling Update – January 2025

Acting Chair Named for CFTC Opens Door to Event Contracts While Departing Chair Cautions Against Expansion Commissioner Caroline D. Pham has been named as Acting Chair of The Commodity Futures Trading Commission, effective...more

Brownstein Hyatt Farber Schreck

Kalshi v. CFTC Challenges Contracts on Political Events

On Jan. 17, 2025, the United States Court of Appeals for the District of Columbia (D.C. Circuit) heard oral argument in KalshiEx v. CFTC. At issue is KalshiEx LLC’s (Kalshi) ability to list political event contracts for...more

Orrick, Herrington & Sutcliffe LLP

Gaming & Gambling Update - Week of November 4, 2024

Recent Developments CFTC Steps Up its Watch on Election Betting MA Online Lottery Implementation Delayed Tennessee Issues Fine, C&D to Bovada Judge Rejects Attempt to classify Musk $1 million giveaway as an Illegal Lottery...more

Orrick, Herrington & Sutcliffe LLP

Gaming & Gambling Update - Week of May 20, 2024

The Commodity Futures Trading Commission (CFTC) recently voted to issue a new rule proposal which would serve to ban event contracts on political elections, as well as sporting events, awards, and more. The CFTC has...more

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