#Sportsbetting & gaming lawyer. Co-Founder @UNHLaw sports wagering. Teach @MiamiLawSchool. Contributor @Forbes. Co-Founder @Condetrimental #sportslaw podcast.
Hallandale Beach, Florida
Joined November 2024
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Major-Questions Doctrine Could Shift Focus Back To Sports Gambling In Prediction Market Cases
My latest for Forbes.
forbes.com/sites/danielwalla…
🚨 NEW: Kalshi asks a federal judge to block a NYAG subpoena seeking records on ads, marketing payments, proprietary trading, market making and regulator communications. NY says it supports a separate probe into potentially deceptive advertising—not discovery in the pending case.
🚨 New York and Kalshi Take Their Subpoena Battle to Federal Court
Kalshi asks a federal judge to block the NY AG from using an investigative subpoena to obtain documents about its prediction-market operations.
The AG counters that it targets potentially deceptive advertising and serves an independent investigation—not discovery for the pending case.
Oklahoma sweepstakes ban takes effect November 1, putting suppliers and affiliates at felony risk readwrite.com/oklahoma-sweep…
Daniel Wallach retweeted
Happy Halloween
UPDATE: U.S. Supreme Court grants Paul Clement’s request for a 28-day extension for Kalshi to respond to New Jersey’s cert petition. The new deadline is December 7, 2026.
Daniel Wallach retweeted
There's still litigation in Minnesota over its attempted prediction market ban. The state wants discovery from Kalshi & Polymarket about all trades 2024-2026, "how and when (they) operate like 'the house,'" internal docs about ads where they used the phrase "betting," and more.
The scope of the injunction is significant. In particular, it bars Illinois officials from imposing state licensing requirements, associated fees and taxes on covered sports-event contracts, in addition to prohibiting criminal penalties and civil and criminal enforcement actions.
There are now 5 prediction-market appeals before the Seventh Circuit involving sports-event contracts:
· CFTC v. Wisconsin
· Kalshi v. Raoul
· Coinbase v. Raoul
· United States v. Illinois
· Ho-Chunk Nation v. Kalshi
🚨 BREAKING: Illinois appeals Judge Pacold’s October 30 preliminary injunction to the Seventh Circuit, seeking reversal.
The appeal covers three cases: Kalshi v. Raoul, Coinbase Financial Markets v. Raoul, and United States v. Illinois. Separate notices were filed in each.
🚨 BREAKING: Federal judge Martha M. Pacold enters formal preliminary injunction barring Illinois from enforcing state gambling laws against CFTC-regulated prediction markets offering sports-event contracts, implementing her earlier ruling granting preliminary relief in part.
Daniel Wallach retweeted
We’re taking bipartisan action to defend the enforcement of state gambling laws against Kalshi.
Prediction markets can’t use federal loopholes to bypass states’ rights to regulate gaming.
We’ll continue to stand with our state partners to ensure federal laws aren’t weaponized to evade state laws.
oag.ca.gov/news/press-releas…
UPDATE: Judge Robert J. Shelby has scheduled a November 6 in-person status and scheduling conference at 1 p.m. to establish a briefing schedule and set a date for oral argument on the CFTC and DOJ’s emergency motion for a TRO and preliminary injunction against Utah.
