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CFTC Regulatory Developments on Prediction Markets and Event Contracts

By Sylvie A. Durham, Jeffry M. Henderson & Douglas E. Arend on March 19, 2026
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Money Market

Prediction markets are electronic trading platforms where participants buy and sell interests in the outcome of certain future events, including elections, sports, or economic indicators. Prices in prediction markets are considered to represent the aggregate probability of an event occurring, based on buying and selling activity of the participants. Events available for trading on prediction markets are known as event contracts and are typically offered with binary “yes” or “no” outcomes. Examples could include whether inflation will exceed a certain level by a certain date, or whether a particular candidate will win a certain election.

Link to Click here to read the full GT Alert. Click here to read the full GT Alert.

Sylvie A. Durham

Ms. Durham has experience on both the legal and business sides of derivatives, private funds, complex financing transactions, and structured products. Prior to joining the Greenberg Traurig, she was an investment banker and Head of Structured Equity Products at BNP Paribas where she

…

Ms. Durham has experience on both the legal and business sides of derivatives, private funds, complex financing transactions, and structured products. Prior to joining the Greenberg Traurig, she was an investment banker and Head of Structured Equity Products at BNP Paribas where she concentrated on structuring equity financing and equity derivative transactions for corporations and hedge funds. Prior to BNP, she was a partner in the Corporate Dept. at the law firm of Weil, Gotshal & Manges LLP.

Ms. Durham has been involved as both a lawyer and investment banker in highly complex financing transactions, derivatives, commodities, private fund formation and asset management advisory work. Since 2006, she has been heavily involved in the development and structuring of over $20 billion in financing transactions between private funds and financial institutions utilizing a variety of legal structures such as VFN programs and fund-linked derivatives. She focuses on legal risk mitigation techniques for complex financial instruments and trading operations. She has broad experience with derivatives, commodities, structured transactions, structured products, and Dodd-Frank regulatory issues relating to these areas. She also frequently advises private funds and asset managers on fund formation and regulatory investment management issues. She also advises corporations and financial institutions on derivatives and related Dodd-Frank and EMIR compliance matters such as the Dodd-Frank Corporate End User Exemption. She has authored two treatises on legal risk mitigation and on derivative transactions.

Ms. Durham is often interviewed on topics in the derivatives and hedge fund industries and has been regularly quoted by Bloomberg, Reuters, Financial Times, Business Week, Wall Street Journal, Hedge World News, Alpha Magazine, CFO Magazine, The Australian, Pension & Investments Online, Corporate Counsel Magazine, CFO Magazine, and the New York Daily News, as well as other national and international publications.

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Photo of Jeffry M. Henderson Jeffry M. Henderson

Jeff Henderson, a former general counsel for a publicly traded futures commission merchant, has deep futures and derivatives industry experience. He focuses his practice on a variety of complex compliance, regulatory, investigation, litigation, and managed fund matters. This representation regularly involves futures, derivatives…

Jeff Henderson, a former general counsel for a publicly traded futures commission merchant, has deep futures and derivatives industry experience. He focuses his practice on a variety of complex compliance, regulatory, investigation, litigation, and managed fund matters. This representation regularly involves futures, derivatives, swaps, forex, securities, cryptocurrency, binary options and prediction markets. He represents and advises a broad range of clients, including futures commission merchants, broker-dealers, investment advisers, commodity trading advisers, introducing brokers, forex trading firms, commodity pool operators, and hedge fund managers. He also provides counsel to a variety of industry participants, including traditional proprietary trading firms and exempt investment managers regarding disclosure matters and compliance obligations and regulatory and enforcement matters. Jeff also has significant experience advising funded-trader proprietary trading firms regarding a wide variety of structuring and regulatory matters. He is also regularly involved in defending members and member firms before CFTC, NFA, SEC and FINRA. His experience includes regulatory matters involving designated contract markets (DCM) and derivatives clearing organizations (DCO), particularly in the area of prediction markets offering event contracts, as well as currently serving as a public director and member of the Regulatory Oversight Committee for a U.S.-based DCM and a DCO involved in prediction markets.

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Photo of Douglas E. Arend Douglas E. Arend

Doug Arend focuses his practice on commodity futures, derivatives and securities, with an emphasis on managed funds. He represents registered and exempt investment advisers, commodity pools and hedge funds, traditional proprietary trading firms, introducing brokers, futures commission merchants and broker-dealers. Doug has significant…

Doug Arend focuses his practice on commodity futures, derivatives and securities, with an emphasis on managed funds. He represents registered and exempt investment advisers, commodity pools and hedge funds, traditional proprietary trading firms, introducing brokers, futures commission merchants and broker-dealers. Doug has significant experience advising funded-trader proprietary trading firms regarding a wide variety of structuring and regulatory matters. He concentrates on complex transactional and regulatory matters, including public and private offerings, fund formation, business structuring, registration and compliance. His experience includes regulatory matters involving designated contract markets and derivatives clearing organizations, particularly in the area of prediction markets offering event contracts.

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  • Posted in:
    Sports and Gaming
  • Blog:
    Financial Services Observer
  • Organization:
    Greenberg Traurig, LLP
  • Article: View Original Source

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