The Federal Trade Commission’s (FTC) advertising disclosure rules for “material connections” are not new. The FTC has long required that advertising contain clear and conspicuous disclosures of endorsements and other material connections to ensure that consumers are not misled by hidden commercial relationships.[i] The longstanding expectation is simple: brands, influencers, and endorsers must make
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Los Angeles Weighs $5 Million Support Program for Vertical Microdrama Production
By Keith Kelly & Zach Dai*
On January 28, 2026, the Los Angeles City Council unanimously voted to explore a $5 million subsidy/support initiative aimed at microdramas, which are short-form, vertical (9:16) scripted productions that often operate at budgets around $200,000 per title and frequently fall below the minimum budget thresholds required to access California’s state film tax credits. While the…
Friday Night Laws: A Primer on the Sports Broadcasting Act of 1961
By Alex Akhavan & Keith Kelly
In the United States, Sundays are for professional football. Saturdays are for college football. And Friday nights are for high school football. …
Eighth Circuit Says Not So Fast to FTC’s “Click to Cancel” Rule
By Serene Ateek
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…
NIL and Sports Representation: The New Wild West
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…
From Soft Caps to Hard Lines: How the NBA’s Latest CBA Reshapes Spending and Teambuilding Strategy
By Oscar Kuo* & Keith Kelly
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,…
Texas Rolls Camera on $1.5 Billion Film Incentive Law
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…
When Is a Car a Character? The Ninth Circuit Revisits Copyrightability in Halicki v. Carroll Shelby Licensing
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…
Redrawing the NIL Playbook: Key Legal Takeaways from MLB Players Inc. v. DraftKings and Bet365
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…
Keep California Rolling: New Bills Poised to Revitalize Production (in Hollywood)
By Jennifer Hays & Keith Kelly
The introduction of Senate Bill 630 and Assembly Bill 1138 aims to provide California with a competitive advantage in its quest to retain and bring back production jobs that are vital to the entertainment industry. The bills were introduced by Senator Ben Allen, Assembly Members, Rick Chavez Zbur, and Isaac Bryan, with a focus on…