June 27, 2025
Foley Viewpoints
The CFTC Is Shaking Up Sports Betting's Legal Future
What is gaming? In recent months, this has been the question at the intersection of the investing and betting industries. On Sept. 6, 2024, in the KalshiEX LLC v. Commodity Futures Trading Commission decision, the U.S. District Court for the District of Columbia weighed in, ruling that predicting the winner of a political election does not fall within the scope of "gaming," as the term is defined in the Commodity Exchange Act.
