Daniel Wallach
@WALLACHLEGAL
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#Sportsbetting & gaming lawyer. Co-Founder @UNHLaw sports wagering. Teach @MiamiLawSchool. Contributor @Forbes. Co-Founder @Condetrimental #sportslaw podcast.
Hallandale Beach, Florida
Joined November 2024
The legislatively-approved bill banning online sweepstakes casinos in New York State has finally been delivered to Governor Hochul for signature.
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"Hendrick supports the district court’s conclusion that the CFTC’s exclusive jurisdiction preempts states from regulating swaps traded on DCMs. Its additional holding—that sports-event contracts are not swaps—rests on numerous errors." "Hendrick (Op.11) adopts Nadex’s flawed
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NEW: Kalshi tells 3rd Circ. that Nevada court rulings denying and dissolving preliminary injunctions are "flawed" and rest on "numerous errors" in how Judge Gordon analyzed the "swap" issue, points to CFTC regs and definitions treating outcomes as subset of events.
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“If the court reverses New Jersey’s decision in light of Judge Gordon’s recent ruling, that would dim the prospects for a circuit split in the federal courts of appeals. In that case, ‘the prospects of a Supreme Court review would decrease significantly,’ according to Wallach.”
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“The New Jersey ruling, now being reviewed by the Third Circuit Court of Appeals, takes on even more importance as it may be Kalshi's last golden ticket.“
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“According to Wallach, the lone standing victory for Kalshi in New Jersey “may be on shakier ground now since it relied heavily on the earlier Nevada ruling, devoting several paragraphs to Judge Gordon’s original analysis.”
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“Daniel Wallach, a leading gaming regulatory attorney, told The National Law Review that a momentum shift began four months ago in the Maryland case and that Judge Gordon’s turnabout (which relied in part on the Maryland ruling) will have further repercussions.”
Honored to be included in the @natlawreview’s front-page story on the Kalshi v. Nevada court ruling and its possible downstream impacts. https://t.co/6BeyFUvT40
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Honored to be included in the @natlawreview’s front-page story on the Kalshi v. Nevada court ruling and its possible downstream impacts. https://t.co/6BeyFUvT40
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Could California sue Kalshi? Favorable CA9 precedent, a flexible UCL statute (which confers standing upon city and county attorneys), and tribes' influence could open that door. I explain via @PredictionNews_:
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NEW: Judge Gordon orders Nevada gaming regulators and intervenor Nevada Resort Association to respond to Kalshi's emergency motion for stay pending appeal by Dec. 8th. Kalshi will have until Dec. 12th to file its reply brief in further support of its motion for a stay.
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In non Missouri news... New York has advanced the max of three full casino licenses, recommending licenses to all 3 finalists: - Hard Rock Metropolitan Park - Queens (adjacent to CITI Field) - Resorts World NYC - Queens (near JFK Airport) - Bally's - The Bronx (at Golf Links)
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