Benesch State AG Practice Chair Kevin Frankel Cited by Epic Wins on Polymarket–Michigan Regulatory Dispute

Kevin Frankel, partner at Benesch and chair of the firm’s State Attorneys General Investigations & EnforcementPractice, was cited by Epic Wins in a recent article examining Polymarket’s federal lawsuit against Michigan Attorney General Dana Nessel and the broader regulatory battle over prediction markets.

The article, “Polymarket Sues Michigan in Federal Preemption Fight,” analyzes Polymarket’s decision to file a preemptive federal action after Michigan initiated state‑level enforcement against a competing platform, Kalshi. At the center of the dispute is whether the federal Commodity Exchange Act preempts state gambling laws, a question with significant implications for the future regulation of prediction markets nationwide.

Epic Wins highlighted Kevin’s recent commentary in Bloomberg Law, in which he described Michigan’s dual‑track litigation strategy—simultaneous proceedings in state and federal court—as a pivotal moment for the industry. Kevin noted that the risk of conflicting rulings could accelerate the issue toward U.S. Supreme Court review and ultimately determine whether prediction markets can operate as a unified national market or must comply with a fragmented, state‑by‑state regulatory framework.

The article also explores the evolving posture of the Commodity Futures Trading Commission and the increasing willingness of both regulators and platforms to litigate aggressively over jurisdictional boundaries.

Read the full article.