The Federal Trade Commission (“FTC”) set out to modernize the Negative Option Rule promulgated in 1973, now referred to as the “Click to Cancel” rule (the “Rule”), to make it easier for consumers to cancel recurring subscriptions and memberships.[1] We previously provided an in-depth discussion of the Rule in an earlier blog post, which is available here. The Rule was scheduled to take effect on July 14, 2025 after the original compliance date of May 14, 2025 was extended.[2] However, on July 8, 2025, the Eighth Circuit vacated the Rule on the grounds of procedural deficiencies.[3]…
Continue Reading Eighth Circuit Says Not So Fast to FTC’s “Click to Cancel” Rule

In February, McNeese State’s basketball manager, Amir “Aura” Khan, rose to fame when a video featuring him went viral on X/Twitter. In the video, Khan led players out of the locker room with a boombox on his shoulder while rapping along to “In and Out” by Lud Foe. The video garnered millions of views and earned Khan name, image, and likeness (NIL) deals with TickPick, Insomnia Cookies, and others in excess of $100,000. Khan’s moment is emblematic of the new age for college sports, where brands seek to engage with prized demographics and student-athletes have new opportunities to benefit from…
Continue Reading NIL and Sports Representation: The New Wild West

The Past

Every seven years, the National Basketball Association (NBA) and the National Basketball Players Association (NBPA), the labor union representing NBA players, come together to negotiate a Collective Bargaining Agreement (CBA) that sets out the minimum terms and conditions for all NBA players as well as the respective rights and obligations of the league, its teams, and the NBPA. The CBA’s purpose is to govern crucial issues such as salary structure, revenue sharing, free agency rules, player benefits, disciplinary procedures, dispute resolution mechanisms, and more. By collectively bargaining, both sides operate within the National Labor Relations Act (NLRA) structure,…
Continue Reading From Soft Caps to Hard Lines: How the NBA’s Latest CBA Reshapes Spending and Teambuilding Strategy

SB 22, a sweeping film and television incentive bill that dramatically expands the state’s support for the moving image industry, was officially signed into law by Governor Greg Abbott on June 22, 2025.[1] Following the Texas Senate’s earlier 23–8 vote of approval, the House cleared the bill (originally introduced as SB 1) in late May by a wide margin of 112-26, signaling broad bipartisan support for revitalizing Texas as a national production hub.[2]…
Continue Reading Texas Rolls Camera on $1.5 Billion Film Incentive Law

The Copyright Act does not expressly address the protection of individual characters in expressive works, but courts have long recognized that certain characters, particularly those with strong visual or narrative identities, may be independently copyrightable. The Ninth Circuit crystallized this principle in DC Comics v. Towle, 802 F.3d 1012 (9th Cir. 2015), where it held that the iconic Batmobile, as depicted in both comics and films featuring the Caped Crusader, qualified as an independently protectable character.
Continue Reading When Is a Car a Character? The Ninth Circuit Revisits Copyrightability in Halicki v. Carroll Shelby Licensing

Introduction

The recent decision by U.S. District Judge Karen Marston in MLB Players Inc. v. DraftKings and Bet365[1] represents a pivotal development in the legal landscape surrounding name, image, and likeness (NIL) rights. The ruling explores critical intersections between publicity rights, commercial speech, First Amendment protections, and the legal boundaries of “news reporting.” The implications extend far beyond baseball, potentially affecting companies using athlete or celebrity NIL in commercial marketing across sports betting, digital advertising, and beyond.
Continue Reading Redrawing the NIL Playbook: Key Legal Takeaways from MLB Players Inc. v. DraftKings and Bet365