Source
Cheeky Pint — Creating prediction markets (and suing the CFTC) with Tarek Mansour and Luana Lopes Lara (March 17, 2026) ·
at 6:03 ▸ ·
at 10:38 ▸
When this applies
when a gatekeeper with discretionary power indefinitely stalls your core offering through informal delay rather than a clear legal denial
The takeaway
When an authority stalls indefinitely instead of ruling, escalate to force a decision rather than continuing to wait, if the item is existential to your strategy.
Why it works
A pocket veto avoids an appealable decision, so the only way to force a ruling is to create a legal record the gatekeeper must respond to in court.
One level up
Boards and teams should allow 'anti-pattern' moves when the company's unique circumstance genuinely departs from normal playbooks.
Where it stops holding
This stops working when you have other viable paths to the same outcome, or when losing the suit could trigger retaliatory shutdown of an already-licensed business — so it should be reserved for genuine no-other-option situations.
Detail
situation: CFTC delayed election contract approval past the 2022 election (a 'pocket veto'), repeated the delay through 2023, causing layoffs and investor doubt.
decision: Luana pushed to sue the CFTC despite board and Tarek's hesitation ('it's an anti-pattern, it's a bad idea, but a lot of great companies are built by an anti-pattern').
outcome: Kalshi won the lawsuit, which limited the CFTC's authority to only block contracts falling into specific prohibited categories, and the business took off afterward.
lesson: A no-other-option, bet-the-company legal fight can be the right call when the core strategic pillar is being killed by indefinite stalling — but it is 'still painful' and rarely advisable.
In their words
the response was basically, it's an anti pattern, it's a bad idea, but a lot of great companies are built by an anti pattern. There's something off that is weird that happens, and maybe this is yours.