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ARTICLE · 02 DECEMBER 2022

Three Point Shot

Proskauer Rose LLP
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Welcome to Three Point Shot, a newsletter brought to you by the Sports Law Group at Proskauer. Three Point Shot brings you the latest in sports law-related news and provides you with links to related materials.

United StatesMedia, Telecoms, IT, Entertainment
Neil H. Abramson
Neil H. Abramson
Elise Bloom
Elise Bloom
Danielle Brooks
Danielle Brooks
Michael Cardozo
Michael Cardozo
Scott Cooper
Scott Cooper
Rob Day
Rob Day
Tony Downes
Tony Downes
Robert Freeman
Robert Freeman
Wayne Katz
Wayne Katz
+8 more
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Welcome to Three Point Shot, a newsletter brought to you by the Sports Law Group at Proskauer. Three Point Shot brings you the latest in sports law-related news and provides you with links to related materials. In this issue, we feature contributions from Eric Zilber, Danielle L. Brooks and Jiyoon Kim.

Your feedback, thoughts and comments on the content of any issue are encouraged and welcome. We hope you enjoy this and future issues.

Edited by Robert E. Freeman

NBA Properties Lands Slam Dunk in Intellectual Property Win Heard Around the Globe

NBA Properties, Inc. ("NBAP"), the exclusive licensee of the National Basketball Association ("NBA") and NBA teams' distinctive trademarks, along with other major professional sports trademark rightsholder plaintiffs, deftly navigated procedural issues to a Seventh Circuit win on personal jurisdiction in a trademark infringement and counterfeiting action. In an unwavering opinion, the Seventh Circuit affirmed an

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California has enacted a groundbreaking AI disclosure law requiring advertisers to clearly identify when synthetic performers appear in their marketing materials. The legislation, set to take effect in 2027, includes a private right of enforcement that could potentially open the door to class action litigation against brands using AI-generated performers without proper disclosure.
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FCC Revises TCPA Consent Revocation Rules: Exclusive Opt-Out Methods, Category-Specific Revocations, And Other Key Changes

The Federal Communications Commission has unanimously approved sweeping changes to its Telephone Consumer Protection Act consent revocation rules, fundamentally altering how businesses must handle consumer opt-out requests for calls and texts. These new regulations replace the controversial 2024 "revoke all" rule with more flexible options that allow companies to designate exclusive opt-out methods while distinguishing between marketing and informational messages.
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FCC Tightens Equipment Rules

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Nationwide EAS Test Coming November 17, 2026

FEMA and the FCC will conduct a nationwide test of the Emergency Alert System on November 17, 2026, requiring participation from all radio and television stations, cable systems, and satellite services. EAS Participants must file three separate forms through the EAS Test Reporting System, with specific deadlines ranging from October 30, 2026, through January 2027. Certain translator and repeater stations are exempt from the registration and filing requirements.
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SEC Advances “Responsible Retailization” Through A Potential Accredited Investor Exam And Potential Regulated Fund Reforms

On September 30, 2026, the Securities and Exchange Commission (SEC) issued two rule proposals and five notices aimed at expanding investors’ access to private markets. The package would add ways to qualify as an accredited investor, including passing a new exam administered by the Financial Industry Regulatory Authority (FINRA), broaden performance-based compensation and modernize regulated funds, including interval funds and business development companies (BDCs).
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CFTC Moves To Reinforce Federal Authority Over Event Contracts As New Jersey Seeks Supreme Court Review

The CFTC has proposed classifying event contracts as swaps while excluding traditional casino-style gambling products, directly responding to ongoing federal-state disputes over prediction markets and sports betting jurisdiction. These regulatory actions seek to clarify the agency's authority over event contracts amid conflicting appellate court decisions and pending Supreme Court review.
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DOL Pulls The Plug On Plan To Move FLSA Interpretations Out Of The CFR

The U.S. Department of Labor's Wage and Hour Division has withdrawn its controversial proposal to remove nine parts of longstanding Fair Labor Standards Act interpretive guidance from the Code of Federal Regulations. What does this reversal mean for employers who have relied on these decades-old interpretations, and how does the Supreme Court's Loper Bright decision reshape the legal weight of agency guidance going forward?
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New York Employers May Soon Face New Separation Agreement Procedural Requirements

New York State Legislature has passed a bill that would require employers to provide employees with a minimum 21-day review period and 7-day revocation window for separation agreements involving the release of claims. The proposed "No Severance Ultimatums Act" extends procedural protections similar to those under federal age discrimination law to all covered severance agreements, regardless of employee age, and awaits Governor Hochul's signature.
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Parliament’s Position On SFDR 2.0

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New York State Mandates Employee Access To Personnel Records

New York has enacted legislation granting private and public sector employees unprecedented access to their personnel records, including the right to review, dispute, and potentially correct negative information that could impact their employment status. The law, which takes effect in November 2026, establishes strict timelines for employer notification and record access while providing enforcement mechanisms through the State Attorney General.
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