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Nevada Cracks Down on Prediction Markets as DraftKings Makes Big Move Into the Space

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Published on October 29, 2025
Nevada Cracks Down on Prediction Markets as DraftKings Makes Big Move Into the Space

Nevada gaming regulators have forced a pause on one major prediction market’s sports contracts and warned others that offering similar products could jeopardize casino licenses. The moves came as DraftKings said it bought a federally regulated exchange and the NHL struck deals with two prediction‑market firms, turning Las Vegas into an unexpected battleground for where Americans place bets online.

The Nevada Gaming Control Board told licensees in an Oct. 24 notice that Crypto.com will not offer sports‑event contracts to Nevada residents after Nov. 3 while its lawsuit proceeds, language the board published in a litigation update. As reported by The Nevada Independent, the notice warns that offering sports and other event contracts in Nevada without a nonrestricted gaming license could call a licensee’s suitability into question. The board's notice lays out the statutory basis for that warning and the licensing steps operators would need to take to continue such offerings in the state.

The board’s action follows a federal judge’s refusal to grant Crypto.com a preliminary injunction, a decision that parsed the Commodity Exchange Act and suggested courts may treat an “event” (a game occurring) differently than an outcome (who wins). As detailed by legal reporting that reviewed the written order, the judge’s reasoning — including analyses of the words “occurrence” and “event” — makes the legal path forward for sports‑style contracts uncertain. Legal coverage of the order walks through that reasoning in detail.

On Oct. 21 DraftKings announced it had acquired Railbird Exchange, a federally designated contract market, and said the deal will underpin a new product, DraftKings Predictions, a mobile app that will let customers trade regulated event contracts across finance, culture and entertainment. In the company's release, CEO Jason Robins called the acquisition part of “DraftKings’ broader strategy to enter prediction markets.” DraftKings confirmed the deal in its announcement.

The National Hockey League on Oct. 22 signed multiyear U.S. licensing agreements with Kalshi and Polymarket that grant both firms access to official NHL data, trademarks and broadcast signage — a first‑of‑its‑kind pairing between a major league and prediction‑market platforms. The move gives those exchanges league‑level visibility even as state regulators and traditional sportsbooks push back. The NHL described the partnerships as a fan‑engagement opportunity.

The American Gaming Association called the NHL’s decision “deeply concerning,” saying leagues should not lend their brands to companies operating “in defiance of state law and consumer protection norms,” AGA CEO Bill Miller told ESPN. Industry analysts have also sounded alarms about speed and precedent — as CBRE equity research analyst John DeCree wrote in post‑G2E notes, “prediction markets are moving too fast for the status quo to survive.” The Nevada Independent carried that analyst line amid broader conference coverage.

What the courts and regulators will decide next

The split between state gaming regulators and federally registered exchanges is likely to produce a string of appeals and test whether federal commodities law preempts state gambling rules, a dynamic legal fight that observers say could take many months to resolve. Courts, state regulators and the CFTC will all play roles in shaping the outcome, and market participants are already being urged to prepare for a patchwork of rulings and enforcement actions — coverage of the early rulings and their differences lays out how messy that path could be. Legal analysis highlights the competing interpretations judges are wrestling with.

For Las Vegas operators the immediate takeaway is blunt: the NGCB’s notice puts licensees on notice that partnering with platforms offering sports‑style event contracts may invite discipline, even as the broader industry presses its claims under federal oversight. Regulators and legal advisers are watching for appeals, additional state notices and further guidance from the Commodity Futures Trading Commission on the risks of sports‑related event contracts — a dynamic the CFTC itself has flagged in recent staff guidance summaries. The board's notice and summaries of CFTC Advisory 25‑36 are among the documents market participants are citing as they plan next steps.