# Cleary Gottlieb **Type:** Law firm **Focus:** Derivatives regulation, SEC/CFTC jurisdictional analysis **Relevance:** Authoritative secondary analysis on prediction market regulatory frameworks ## Overview Cleary Gottlieb is a top-tier global law firm with significant derivatives regulatory practice. Their analysis carries weight in SEC/CFTC boundary law interpretation. ## Timeline - **2026-04-15** — Published analysis identifying SEC jurisdiction over company-specific event contracts as security-based swaps, noting unresolved CFTC-SEC jurisdictional boundaries ## Key Contributions - Identified the SEC security-based swap jurisdictional track for company-specific event contracts as distinct from CFTC event contract framework - Noted March 2026 CFTC-SEC MOU commitment to develop joint interpretations for company-specific event contract classification - Clarified that event contracts are regulated based on structure, not subject matter ## Regulatory Framework Analysis **CFTC jurisdiction:** Event contracts structured as swaps/futures on registered DCMs. CFTC claims exclusive jurisdiction with state gambling law preemption for DCM-listed contracts. **SEC jurisdiction:** Event contracts qualifying as security-based swaps where events "directly affect the financial statements, financial condition, or financial obligations of the issuer." **Unresolved gap:** Company-specific event contracts remain in jurisdictional limbo between CFTC and SEC frameworks. ## Sources - [Prediction Markets for Those Who Don't Predict](https://www.clearygottlieb.com/news-and-insights/publication-listing/prediction-markets-for-those-who-dont-predict-and-those-who-do) (April 2026)