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SOL $87.96 +3.74%
TRX $0.3266 +0.24%
DOGE $0.0977 +2.37%
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BCH $452.70 +2.63%
LINK $9.44 +1.96%
HYPE $43.56 -1.98%
AAVE $113.05 +6.72%
SUI $0.9914 +3.15%
XLM $0.1666 +5.04%
ZEC $335.90 -1.67%

appeal

After Kalshi filed an appeal, the compliance dispute in the prediction market may be handed over to the U.S. Supreme Court

The U.S. Court of Appeals for the Ninth Circuit heard oral arguments from lawyers representing the prediction market platform Kalshi and Nevada authorities regarding Nevada's ban on the platform's event contracts. This appeal stems from a lower court ruling that prohibited Kalshi from offering certain event-based contracts in Nevada based on the claim that Kalshi requires a license.The appellate court judges responsible for Thursday's oral arguments and Kalshi's lawyers acknowledged that there have been several state-level enforcement actions against Kalshi and other prediction market platforms, including criminal charges filed in Arizona. However, a federal court last week blocked Arizona authorities from enforcing the state's gambling laws against Kalshi's event contracts."I believe existing case law does indicate that what we want to avoid here is state courts and federal courts simultaneously considering the exact same issue and potentially reaching different conclusions," said Colleen Sinzdak, representing Kalshi.The core argument of Kalshi's debate is that the platform's event contracts fall under "swap" transactions and should be regulated by the Commodity Futures Trading Commission, rather than state gambling regulators. CFTC Chairman Michael Selig supported this position in the case involving Crypto.com's prediction market and Nevada authorities.Coinbase Chief Legal Officer Paul Grewal predicted that this case may be appealed to the U.S. Supreme Court. "The questions in the oral arguments are not a reliable signal of the court's leanings; nonetheless, I stand by my long-standing prediction that the Supreme Court will rule on whether sports contracts on designated contract markets fall under the exclusive jurisdiction of the CFTC as swap transactions."

Kalshi seeks to block state regulatory enforcement after losing its injunction protection in Nevada, during which it will appeal

The prediction market platform Kalshi lost its preliminary injunction to block enforcement by Nevada regulators on the eve of Thanksgiving and is currently seeking to continue blocking state regulatory actions during the appeal in court. The court's lifting of the injunction means that Kalshi faces potential legal risks if it continues to operate in Nevada. Similar to Polymarket, Kalshi offers prediction contracts covering sports, politics, crypto, and traditional markets, believing that obtaining a CFTC license allows it to operate in all 50 states, but some state regulators—especially in Nevada—disagree.After the lifting of the injunction, Nevada regulators stated that they would not immediately initiate enforcement actions until the court decides whether to approve a stay of enforcement, but this does not equate to an administrative exemption granted by the court. The court has required state regulators to respond to Kalshi's application by December 8, and Kalshi may submit a reply by December 12.Reports indicate that as Kalshi engages in negotiations with regulators in multiple states, the platform's trading volume has rapidly increased, and its valuation has risen to $11 billion in a funding round led by Sequoia. Certuity predicts that the prediction market size could reach $95.5 billion by 2035. Nevada regulators have accused Kalshi of "continuing to engage in illegal activities" without a state gaming license and emphasized that both Crypto.com and Robinhood have agreed to suspend local operations during the appeal. Crypto.com did not receive extended injunction protection, and its prediction market operations in Nevada have been suspended.

The Canadian Court of Appeal ruled that the Ontario Securities Commission's request for document production from Binance was "overly broad" and unconstitutional

The Ontario Court of Appeal ruled in the case of "Binance Holdings Limited v. Ontario Securities Commission (OSC)" to revoke the OSC's previous large-scale document request against Binance, stating that its "scope is shocking" and violates Section 8 of the Canadian Charter of Rights and Freedoms regarding "protection against unreasonable search and seizure."The court noted that although capital market participants have a lower expectation of privacy in regulated activities, they are still protected by the Charter. The OSC had previously requested Binance to submit "all internal and related party communication records involving Canada for a period of two and a half years," which the court found exceeded reasonable regulatory purposes. The ruling emphasized that regulatory investigations may proceed without evidence of wrongdoing, but must still be limited to "categories of documents reasonably related to the investigation's purpose," or they may be dismissed by the court.Additionally, the court commented on Binance's use of encrypted communication tools like Signal that feature "self-destructing messages," stating that the mere use of such technology is insufficient to infer an intent to "evade regulation," providing important clarification for financial institutions using privacy communication software. This ruling is seen as establishing the boundaries of Canadian securities regulatory authority and reminding companies that they can assert the privacy and due process rights granted by the Charter when faced with cross-border or overly broad investigation requests.
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