USA Law and Practice Contributed by: Irwin A. Kishner, Daniel A. Etna, Joel Wagman and Barry Werbin, Herrick, Feinstein LLP
The AI Risk Management Framework In January 2023, the US Department of Commerce’s National Institute of Standards and Technology (NIST) published the AI Risk Management Framework (“AI RMF”). In March 2023, NIST launched the Trustwor - thy and Responsible AI Resource Center, which aims “to offer a resource to the organizations designing, developing, deploying, or using AI systems to help manage the many risks of AI and promote trustworthy and responsible development and use of AI systems”. In 2024, NIST expanded the AI RMF with additional generative AI specific guidance, including the July 2024 Generative AI Profile, which assists organisa - tions in applying practices to address risks that are unique to, or heightened by, the use of generative AI systems and applications. State AI Regulation A number of states have begun to enact measures aimed at a better understanding and regulation of AI. Certain states continue to operate study commissions or task forces, but many states have now moved to the enactment of substantive regulatory regimes. Applications of AI in sports Although regulations still vary widely from state to state, AI is being used in numerous ways across professional sports. Generative AI in particular (eg, ChatGPT) now routinely plays a role in content crea - tion, maximising athlete performance, advertising and marketing and operational efficiency. In content creation, AI has been used to automate the generation of highlight reels by ingesting footage and identifying portions with action or excitement that match the user’s prompts. Further opportunities exist to develop automated commentary, which could even adopt cloned voices of celebrities, athletes or existing newscasters, subject to licensing and/or data privacy restrictions. AI has also been harnessed to maximise perfor - mance within the sports arena, where it is used (in some cases, embedded, into shoes, racquets, clubs or other equipment) to analyse athletes’ biomechanics to optimise performance, including the development of increasingly sophisticated predictive-injury models. It can also simulate game scenarios, allowing coaches
as player awards. As teams and leagues continue to innovate with immersive viewing experiences, NFTs and blockchain technology may provide a crucial link between fans and their favourite teams and players. Despite these developments, the NFT market poses significant risks for both investors and creators. Lit - tle regulation currently exists, and it remains to be seen how regulatory authorities will look to assert control over the market. Class action lawsuits have been filed, including against Top Shot, alleging that the products sold on its marketplace are unregistered securities. While the Top Shot suit was ultimately set - tled, other NFT products may face similar claims in the future. Furthermore, investing in NFTs is specu - lative in nature, with limited historical information to make informed decisions. Trading volume and valu - ations, based heavily on demand and scarcity, have fluctuated widely. After peaking in 2021, many NFT marketplaces, including those relating to sports, have experienced significant decreases in both trading vol - ume and value. 10.2 AI As of January 2026, the United States continues to lack a comprehensive federal AI statute. Instead, the federal regulatory direction has shifted primarily through presidential executive orders while states have continued to expand their own AI laws. AI has proven to have many applications in athletics, with infinite possibilities on the horizon. Federal AI Guidance In December 2025, President Trump issued an execu - tive order entitled “Ensuring a National Policy Frame - work for Artificial Intelligence”, which established a national AI policy framework that priorities a less bur - densome approach and seeks to discourage or over - In October 2022, the White House Office of Science and Technology Policy (OSTP) published a white paper titled the “Blueprint for an AI Bill of Rights: Making Automated Systems Work for the American People”. This paper notes that its principles do not constitute binding US government policy or guidance on the public or federal agencies. ride conflicting state AI requirements. The Blueprint for an AI Bill of Rights
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