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Evolution’s ongoing defamation case against intelligence firm Black Cube in the New Jersey Superior Court is being keenly watched by the entire gaming sector.

The case dates back to 2020 when Playtech allegedly engaged Black Cube to conduct an investigation into Evolution’s activities in prohibited and unlicensed markets. 

The investigation, which included secretly recorded interviews and conversations with Evolution staff members and other whistleblowers, was followed up with a damning report accusing the supplier of knowingly providing its services in sanctioned jurisdictions.

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It’s widely believed that all-or-nothing exchanges are carving out significant niches in states, such as California and Texas, where sports betting is prohibited, but there’s also emerging consensus that the prediction market threat to sportsbooks is easing.

A major advantage for traditional sportsbook operators is their ability to aggressively fund customer acquisition and retention bonuses. As EKG points out, prediction markets have “less ability to be generous with bonuses” because users trade against one another rather than against the house.

That creates a stark contrast during peak football season when traditional sportsbooks spend heavily on promotions. Offers ranging from $350 to $365 from major operators make the $25 to $50 promotional matches typically seen on prediction markets appear modest by comparison.

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The American Gaming Association estimates that the exchanges have siphoned more than $1.3 billion in would-be tax revenue from states. One of the AGA’s primary spokespeople pin its fight against prediction markets is former New Jersey governor Chris Christie, who championed the PASPA case to the Supreme Court.

As with PASPA, this matter revolves heavily around federalism versus states’ rights. Traditional sports betting is governed by individual state regulators with varying laws and regulations. Federal derivatives are regulated by the CFTC, which has fully embraced prediction markets under US President Donald Trump after rejecting them in previous administrations.

The web of lawsuits and court rulings involving prediction markets has greatly complicated the issue of jurisdiction. Kalshi has been forced to limit trading in multiple states, most notably Nevada, and the CFTC has gone to unprecedented lengths to protect its licencees. This includes suing nine states directly and issuing emergency orders to reject state mandates.