Many prediction market firms have sought to avoid state regulation by emphasizing how their services differ from traditional sports betting. They characterize their offerings as “event contracts” or “swaps,” which are only subject to Commodity Futures Trading Commission (CFTC) oversight and note that they operate peer‑to‑peer exchanges, earning revenue from transaction fees rather than customer losses. Many state regulators have disagreed with this argument, however, asserting that event contracts cannot be distinguished from state-regulated gaming. Federal courts in various states have reached different conclusions on this issue. A Nevada federal court has now weighed in, ruling that some of these services fall under state gaming law.

In this episode of our special 12 Days of Regulatory Insights podcast series, Chris Carlson, a partner in our RISE practice group and member of the State Attorney General (AG) team, is joined by colleagues Lauren Fincher, also a partner in our RISE practice and State AG team, and Barry Boise, a partner in our Health Care + Life Sciences Litigation practice, to examine how state AGs approached the health care sector in 2025, and what’s coming next in 2026.

In the first episode of our special 12 Days of Regulatory Insights podcast series, Ashley Taylor, co-leader of the firm’s State Attorneys General (AG) team, is joined by his colleague Stephanie Kozol, senior government relations manager for the State AG team. Together, they unpack how the latest state AG outcomes shape business risk and strategy — and what’s ahead in the 2026 election cycle.

Earlier this fall, a small manufacturer and retailer (the plaintiffs) sued Virginia Attorney General (AG) Jason Miyares and Tax Commissioner James Alex (the defendants) in the U.S. District Court for the Eastern District of Virginia, seeking to enjoin their enforcement of Virginia’s vapor product directory regime, Va. Code Ann. §§ 59.1-293.14 to .21, which the General Assembly passed in 2024.

The National Collegiate Athletic Association (NCAA) has abruptly reversed a recently approved rule change that would have permitted college athletes and athletic department staff to bet on professional sports. Under a rarely used override process, more than two-thirds of Division I member schools voted within a 30-day window last month to rescind the proposal. The threshold was reached on November 21, nullifying the rule change before it could take effect. As a result, the longstanding ban on sports wagering by NCAA student-athletes and staff remains in place across all three NCAA divisions. However, even if the rule had been implemented, college athletes and athletic department staff would still have been barred from betting on any NCAA contests, as the rescinded change only concerned wagering on professional sports. The vote to revoke the new rule underscores the NCAA membership’s cautious stance amid an evolving sports betting landscape.

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Tuesday, December 16 • 1:00 – 3:10 p.m. ET

Ashley Taylor, co-leader of the firm’s State Attorneys General (AG) team, and Barry Boise, a partner in the Health Care and Life Sciences Litigation practice and a member of the firm’s State AG team, will participate in an upcoming CLE webinar with myLawCLE. They will discuss how regulatory environments evolve, how enforcement priorities shift, and the importance of understanding the future trajectory of state AG litigation.

On November 13, North Carolina Attorney General (AG) Jeff Jackson and Utah AG Derek Brown, along with the Attorney General Alliance, announced a task force in conjunction with generative artificial intelligence (AI) developers, including OpenAI and Microsoft, to identify and develop consumer safeguards within AI systems as these technologies continue to rapidly proliferate.

What Happened:

A unanimous panel of the U.S. Court of Appeals for the Fourth Circuit revived a suit against certain pharmaceutical distributors brought under West Virginia public nuisance law. The panel held that the effects of over-distributing prescription opioids may constitute a public nuisance under West Virginia law, defined distributors’ duties under the Controlled Substances Act (CSA), and held that abatement may include monetary funding to remediate alleged community harm. Notably, the Fourth Circuit’s decision comes after the West Virginia Supreme Court declined to determine the scope of West Virginia public nuisance law, and as a result, the decision refused to limit the scope of public nuisance law without guidance from the West Virginia Supreme Court.

On November 18, two prominent sports wagering and fantasy sports operators announced that they are leaving the American Gaming Association (AGA). The AGA is the leading trade group for casinos, gaming manufacturers, and sportsbooks. The split follows the AGA’s recent announcement of its firm stance against “prediction markets” and a forthcoming resolution to exclude companies that offer them. Prediction markets include platforms that allow individuals to trade on the outcomes of future events — whether sports-related or not.