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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."

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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