Lawyers, Lines, and Money Podcast covering the legal, legislative and policy aspects of sports betting, iGaming and gambling. Hosts: @wallachlegal and @Maderlaw
Interesting find.
The only pre-2025 decision which addresses whether “swaps” are subject to exclusive federal jurisdiction under Dodd-Frank or can be regulated under state law.
From the same judge now overseeing Kalshi v. New York.
The judge who is presiding over the Kalshi v. New York lawsuit (and may soon be assigned the Coinbase, Titan & CFTC cases) ruled nearly 3 years ago that “swaps��� are not subject to exclusive federal jurisdiction “and continue to be governed by state law after Dodd-Frank.”
From defendant’s brief:
“Congress expressly provided the CFTC with exclusive jurisdiction to regulate swaps, preempted state law regarding swaps and established that the federal government through the CFTC, now 'occupies the field' of swap regulation.”
Rejected by Judge Torres.
The judge who is presiding over the Kalshi v. New York lawsuit (and may soon be assigned the Coinbase, Titan & CFTC cases) ruled nearly 3 years ago that “swaps” are not subject to exclusive federal jurisdiction “and continue to be governed by state law after Dodd-Frank.”
Judge Torres: "Cargill does not point to any evidence that there has been a 'congressional decision to foreclose any state regulation in the area' or that the '[f]ederal Government has reserved for itself' the field of swap agreements."
BREAKING: I have "entered the transfer portal," to use the latest lingo. My coverage of the expansion of legal gambling in U.S. began almost 20 yrs ago. Co-hosted weekly "Gamble On" podcast, 2018-22. Pulitzer Prize Finalist, 2008. If interested, email to [email protected]
Does "unregulated" and "unlicensed" mean "illegal"?
Not always, but it may fit here.
The legal verdict on sweepstakes casinos:
1) Courts will find "consideration" (see mega-thread: https://t.co/xoRQfxmIwW
2) AMOE will be no help
3) Casino themes = California nightmare👇
The "consideration" ruse aside, it's the use of a casino gambling business model--isn't that the whole point?--that seals the deal for illegality in a state that BANS casino-style gaming in the CA Constitution, the Penal Code (§ 330), and sweepstakes law (§ 17539.1). Strike 3.
The California AG explained that the new language in subdivision (a)(12) of Sec. 17539.1 "was intended to assure that gambling-themed sweepstakes operations would be prohibited under the Unfair Competition Act (Bus. § Prof. Code, § 17200, et seq.) as unfair business practices.”
A legal breakdown of the WBD/Turner v. NBA lawsuit, via @ConDetrimental. We discuss all of the key issues and decipher the matching rights clause. Does WBD have to match ALL terms of Amazon’s bid or just the “material” ones? What are the next steps? https://t.co/2fByv65MTc
New from @TheAthletic: Inside the ‘very predatory’ world of illegal sports betting that lured Shohei Ohtani’s interpreter, via @ByMcCullough (with insights from @OPReport, @fongster98 and me): https://t.co/n9D4FlxLzg
New @LLMPod: Chris Grove x 3!
@OPReport joins Lawyers, Lines and Money to share his sharp insights on:
1) ESPNBet's entrance into the New York market;
2) What's next in the DFS 2.0 saga?
3) The long game behind DraftKings' acquisition of Jackpocket.
https://t.co/NtQcWz7XJS
NEWS: I just filed an amicus curiae brief with #SCOTUS in the Florida sports betting case. I address the key question raised by Justice Kavanaugh — does the Compact “authorize” the Tribe to conduct off-reservation gaming?👇👇
Link to brief: https://t.co/xZiQDejQ0x
New @LLM pod! The Super Bowl edition.
1) Will a Super Bowl in Las Vegas involving teams from states without legal sports betting help the cause for legalization?
2) The road from PASPA to Sin City
3) Jaguars vs. FanDuel
4) NFL betting suspensions https://t.co/suxLlHcUag
Tune into the New York IGaming, Casinos, and Sports Betting Twitter space preview tonight at 5pm EST!
@WALLACHLEGAL and @MaderLaw will dive into the newest @LLMPod episode release, and much more surrounding the legalities of NY. 👀
https://t.co/V2l03XSpM4