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– In the wake of a consequential ruling by the US Court of Appeals for the Ninth Circuit against Kalshi, two operators are taking separate paths in an effort to overturn the decision. On 28 August, the Ninth Circuit ruled in a 3-0 decision that sports event contracts do not qualify as federally regulated swaps under the Commodity Exchange Act. Earlier this week, Kalshi filed for an en banc re-hearing with the Ninth Circuit, this time before an 11-judge review. Robinhood, meanwhile, filed a petition of certiorari with the Supreme Court in a move to effectively bypass the Ninth Circuit. It is widely believed that a circuit split between the Ninth Circuit and a separate decision by the Third Circuit will prompt the Supreme Court to take up the case.
– Real App, a social sports app built around live play-by-play, named FanDuel as its first prediction market partner. The partnership brings FanDuel’s odds and contextual markets directly into the app’s live sports experience. Fanatics Sports & Casino is adding some upgrades to its Fair Play offering. Among the changes, Fanatics has added first-half injury protection for player props. The option proved to be valuable for fans in Wednesday’s opener when Seattle Seahawks quarterback Sam Darnold left the game after the team’s fifth offensive play.
– According to the American Gaming Association, an estimated $40 billion will be wagered on the NFL via prediction markets this year. Last week, on the first full day of the 2026 college football season, Kalshi reported nearly $250 million in trading activity on college football.
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Rather than simply building what is requested, teams are increasingly expected to understand why something is being built and what value it should create.
As Paul Crisp, Cubeia’s head of marketing, points out: “If the objective is 10% more traffic, for example, how do we measure it?
“We need to establish a baseline, implement the change, measure it and see whether it goes up by 10%. If it only goes up by 1%, maybe we need another iteration because we haven’t fulfilled the objective.”
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“We think investors will be looking for signs that Genius can leverage Legend’s relationship to capture a larger share of the rapidly expanding sports betting and prediction market opportunity,” he aded in a note this week.
Genius founder and CEO Mark Locke this week touted Genius’ position as a provider of official data, settlement and integrity services to both traditional betting and predictions platforms.
“Through Legend and our wider media platform we help operators acquire the customers all of them are competing for,” he added in a personal LinkedIn post.