
Nicholas Green
1.2K posts

Nicholas Green
@nickggreen
General Counsel @Underdog // @UofSC alum x 3 and @Braves fan // Law Nerd - radicalized by Fed Cts 3L year and clerking on CA5 // opinions my own.


BREAKING: A federal class action lawsuit has been filed against Kalshi and its co-founders Tarek Mansour and Luana Lopes Lara for offering sports-event contracts in violation of the CEA and CFTC Rule 40.11(a)(1); invokes private right of action under CEA § 25 to avoid preemption.





Putting aside how much his lawyers must love that he’s tweeting about pending criminal charges, @mansourtarek_ continues to conflate bets placed on @Kalshi with traditional derivatives contracts. But that assumes sports bets placed on Kalshi are in fact derivatives and not gambling — an argument courts are increasingly rejecting. Extrapolating the charges against Kalshi to say that every derivatives contract must also be criminal is like saying charging someone with distributing black market opioids is inappropriate because pharmacies distribute legal prescriptions. States routinely shut down illegal gambling operations pursuant to state laws and unlicensed operators may be charged criminally in many jurisdictions (NJ is one). There’s nothing extraordinary about that. I predict this statement will hurt his case.


BREAKING: Kalshi has sued Arizona state regulators in federal court, seeking to head off enforcement action over sports-event contracts in the state courts. Bold move considering CA9 intra-circuit precedent favoring states, but preferable to an all-but-certain state court TRO.

Prediction markets are one of the most exciting innovations in financial markets. Yet for too long, the @CFTC has failed to provide guidance for these markets being used by millions of Americans. This ends today. Read what steps the agency is taking here⬇️ cftc.gov/PressRoom/Pres…

The court on Kalshi’s claim that congress intended for the CFTC to have exclusive jurisdiction over sports betting: “Congress does not hide elephants in mouse holes.”




I believe Prediction Markets are violating the law. In 40 states we have regulated betting that can’t market to teenagers, pays state taxes, protects game integrity & reports suspicious activity to law enforcement. Prediction markets do none of that at all ms.now/morning-joe/wa…










